CHP and FEDS

Codee · #1 04-04-2007, 03:08 PM

In California history there was once an enforcement division of the Department of Motor Vehicles “known as” the CHP. This division however was actually the “State Police.” Then for some reason there was an abolishment of the division and a re-establishment of it in the Business Transportation and Housing Agency. I am just wondering at what point in time did the following apply to CHP members requiring that a member of the CHP to be a Federal Citizen. Why is not just a requirement for a member to be a Cal. State Citizen?

Quote:

2267. (a) No person shall be appointed as a member of the
California Highway Patrol who is not a citizen of the United States.

Notorial dissent · #2 04-05-2007, 06:36 PM

I would check the oath they had to take as "peace officers" or whatever they called them then. I'm sure there is something in there about protect and defend the constitution or the equivalent. The theory being that they couldn’t take that oath if they weren’t citizens.

Codee · #3 04-05-2007, 08:33 PM

Quote:

Originally Posted by Notorial dissent

I would check the oath they had to take as "peace officers" or whatever they called them then. I'm sure there is something in there about protect and defend the constitution or the equivalent. The theory being that they couldn’t take that oath if they weren’t citizens.

There is no such requirement for hte police in the municpality's charter where I grew up. The have to take the same oath I think...

I will look into it.

Thanks

Notorial dissent · #4 04-05-2007, 11:43 PM

I thought we were talking about CHP?

I will still bet there is something there or in the state statutes about it.

Codee · #5 04-06-2007, 07:57 AM

Quote:

Originally Posted by Notorial dissent

I thought we were talking about CHP?

I will still bet there is something there or in the state statutes about it.

we were. Then you mentioned that the requirement would be related to the oath. Then I said how muni cops took the same oath but did not have to be US citizens.

THUS casting doubt on your suggestion THUS meaning I am going to look into it further.

Thanks agian

Akira- · #6 04-06-2007, 10:32 AM

Quote:

The theory being that they couldn’t take that oath if they weren’t citizens.

So folks couldn't take an oath to the Constitution previous to 1868, because the "US citizen" didn't exist? (rhetorical question)

Codee · #7 04-06-2007, 12:28 PM

Quote:

Originally Posted by Notorial dissent

I will still bet there is something there or in the state statutes about it.

First off muni cops are governed by ORDINANCE and by Charter in a california charter city. NOT STATUTES.

The only time a statute is controlling is when the legislature has occupied the field.

Notorial dissent · #8 04-06-2007, 01:31 PM

I thought we were talking about CHP, which was and still is a state agency?

Codee · #9 04-06-2007, 03:36 PM

Usually ND it is not this hard to communicate with you.

1) The CHP are required to be a US citizen. WHY

ND says that it is because they have to take an oath to protect the US constitution…

2) The local police in my home town, which is a charter town, do not need to be US citizens according to the city charter. HOWEVER they take the same oath as the CHP. SO,,,, Why do the CHP need to be US citizens IF they take the same oath as others NOT REQURIED to be US citizens?

ND says “gee I don’t know it must be in a statute somewhere…

3) Cody explains to ND that the town is chartered and governs itself to respect to all municipal affairs not completely occupied by the legislature… (Such as road use is completely dominated by the legislature and is expressed so in section 21 of the vehicle code.)

So ND… why do CHP need to be US citizens when the local Muni cops do not need to be?

To be fair however I need to look into this and make sure the assumptions I have made are, in fact, correct. I just have not had the opportunity to do so yet.

Yes the CHP is an agency.

Notorial dissent · #10 04-06-2007, 04:37 PM

I'm sorry if I'm being dense today. I was merely asking a question to clarify what we were talking about and making a supposition. I have not intended to make any definite statements about anything here, since I don’t know the answer either, I find the question interesting and was just throwing out some possibilities, and haven’t yet had time to check any of my sources. I was merely speculating based on other material I was familiar with.