AGO 1993-003.

• Case Date: February 26, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-003. February 26, 1993OPINION NO. 1993-003The Honorable Frank Pierce Belmont County Prosecuting Attorney Courthouse Annex No. 1 147 West Main StreetSt. Clairsville, Ohio 43950Dear Prosecutor Pierce: You have requested an opinion regarding the transportation of individuals who are arrested by city police officers and taken to the city police station. Your concern is the transportation of these individuals from the city police station to the county jail. Specifically, your opinion request states: 1. A city police officer arrests a person "on sight" or in the act of committing a violation of the Ohio Revised Code. The state code criminal charge will be filed in the applicable county court division during the next business day. He takes the arrestee to the police station. The circumstances do not merit recognizance and the person cannot post bond. As between the county Sheriff and the city police department, who transports this arrestee to the county jail? 2. A city police officer stops a person on a traffic violation (or any other charge) which would normally result in only a citation, but finds out the defendant has a warrant for his arrest issued by a county court judge on an unrelated charge. He takes the defendant into custody at the station based on said warrant. Who transports the prisoner to the county jail, the city or the county? Does it make any difference if the warrant is issued by (a) the Common Pleas Court or (b) a Court of another county[,] state or a federal court, or (c) the Governor? Transportation of Individuals Arrested Without a Warrant No statutory provision expressly confers upon either the county sheriff or a city police officer a duty to transport from a city police station to the county jail an individual arrested by a city police officer without a warrant for a violation of a statute of the Ohio Revised Code. Therefore, an examination of the provisions of law providing for the custody of individuals arrested by peace officers is required in order to determine whether the General Assembly intended to delegate this duty to county sheriffs. See generally Henry v. Central Nat'l Bank, 16 Ohio St. 2d 16, 242 N.E.2d 342 (1968) (syllabus, paragraph two) ("[t]he primary purpose of the judiciary in the interpretation or construction of statutes is to give effect to the intention of the General Assembly, as gathered from the...