Sponsoring Rep. Dave Reichert (R-WA) said:
“Hostile and at times threatening environments are part of a probation officer’s average day on the job. Although they encounter many of the same dangers faced by members of the law enforcement community, they do not have the same tools to protect themselves. This bipartisan, bicameral bill rights that wrong.”
To amend section 3606 of title 18, United States Code, to grant probation officers authority to arrest hostile third parties who obstruct or impede a probation officer in the performance of official duties.
Text of bill:
SEC. 2. AUTHORITY OF PROBATION OFFICERS.
(a) IN GENERAL.—Section 3606 of title 18, United States Code, is amended—
(1) in the heading, by striking ‘‘and return of a probationer’’ and by inserting ‘‘authority of probation officers’’;
(2) by striking ‘‘If there’’ and inserting ‘‘(a) If there’’; and
(3) by adding at the end the following:
‘‘(b) A probation officer, while in the performance of his or her official duties, may arrest a person without a warrant if there is probable cause to believe that the person has forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with the probation officer, or a fellow probation officer, in violation of section 111. The arrest authority described in this subsection shall be exercised under such rules and regulations as the Director of the Administrative Office of the United States Courts shall prescribe.’’.
For those who say they must get a warrant first, if a criminal attacks a police officer, is resisting arrest, or otherwise intentionally impedes the officer in the performance of his duty, does that officer have to stop what he's doing to go get a warrant?
"When police officers make a warrantless arrest, a judge does not have a chance to determine ahead of time whether the police have probable cause to make the arrest. Nevertheless, the Fourth amendment probable cause requirement remains the same. For a suspect to remain in custody following an arrest, the police must speedily satisfy a judge or magistrate that they had probable cause to make the arrest. (Gerstein v. Pugh, U.S. Sup. Ct. 1975)"