AGO 1982-016.
Case Date | October 14, 1982 |
Court | Wyoming |
Wyoming Attorney General Opinions
1982.
AGO 1982-016.
1982-016October 14, 1982TO: Colonel W. O. OylerCommander Wyoming Highway Patrol
BY: Steven F. Freudenthal Attorney General
Lawrence A. Bobbitt, III Assistant Attorney General
QUESTION #1: What is the jurisdiction of state and county law
enforcement officers on roads and highways within lands belonging to the
federal government?
ANSWER: See discussion.
QUESTION #2: May state and local law enforcement officers obtain
authority to enforce federal laws and regulations on the public lands?
ANSWER: Yes. See discussion.
QUESTION #3: May Wyoming enter into agreements with adjacent
states whereby law enforcement officers from that state may enter into Wyoming
and enforce Wyoming law?
ANSWER: Yes. See discussion.
BACKGROUND
On November 27, 1981, Sergeant David Morris, Wyoming Highway
Patrol, Worland, inquired of this office whether the Superintendent had
authority to close U.S. Highway 212 (Beartooth Highway) running from Red Lodge,
Montana to Cooke City, Montana for 41 miles in Park County, Wyoming. As this
highway is not a "state highway" as defined in Title 24 of the Wyoming Statutes
and is, therefore, not maintained by State forces, the answer was no. The
Superintendent and Chief Engineer only can close "state highways" pursuant to
Section 24-1-106, W.S. 1977. Sergeant Morris was concerned whether the state
patrol could arrest and issue citations to individuals who drove around
barricades placed by the officers of the National Park Service and the Forest
Service. As the Superintendent has no authority to close the highways,
bypassing barricades not erected by the Superintendent's authority would not be
a violation of State statutes enforceable by the Wyoming Highway Patrol or by
the Park County authorities.
Sergeant Morris misinterpreted the memorandum responding to his
inquiry. He notified all parties involved that the patrol had no jurisdiction
on the Beartooth Highway of any kind. This was construed by law enforcement
people both federal and state to mean no jurisdiction anywhere on park
service/forest service lands.
Understandably, this misunderstanding has created considerable
confusion among law enforcement officers in northwestern Wyoming.
DISCUSSION OF QUESTION #1
Questions regarding jurisdictional matters are not susceptible of
easy answer. There are basically three kinds of federal jurisdiction within any
state: exclusive, proprietary and concurrent. There are examples of all three
within Wyoming. Francis E. Warren Air Force Base and Yellowstone National Park
are under the exclusive law enforcement jurisdiction of the federal government.
Areas within these enclaves are not subject to the police power of the State
except as indicated by federal law. Grand Teton National Park, Devils Tower
National Monument (see Section 5-1-108, W.S. 1977) and Bureau of Land
Management lands held in a proprietary jurisdiction, are examples of concurrent
jurisdiction.
Where the...
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