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Thread: Based on the language contained in Section 59-21-151, does an individual not involved in law enforcement have the authority to enforce provisions of the boating laws?

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    Janet Wilson Guest

    Default Based on the language contained in Section 59-21-151, does an individual not involved in law enforcement have the authority to enforce provisions of the boating laws?

    Q Based on the language contained in Section 59-21-151, does an individual not involved in law enforcement have the authority to enforce, by filing an affidavit, provisions of the boating laws?

    A Section 59-21-151 authorizes peace officers and other law enforcement officials to enforce the provisions of the boating laws. It does not prohibit a private citizen from filing a criminal affidavit relating to the boating laws. As with any other criminal matter in which an affidavit is filed, the court must determine from the affidavit and any other information before the court whether or not probable cause exists to issue and arrest warrant. (Attorney General’s Opinion to Anderson dated July 2, 2010)
    Last edited by Janet Wilson; 01-27-2011 at 11:23 AM.

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