48-11-19
Powers and duties of special agents and enforcement officers of department; bond; duties following arrests; retention of weapon and badge upon retirement
(a) Each person appointed by the commissioner as a special agent or
enforcement officer of the department for the enforcement of the laws
of this state with respect to the manufacture, transportation, distribution,
sale, possession, and taxation of cigars, cigarettes, little cigars, and
loose or smokeless tobacco shall have the authority throughout this state to:
(1) Obtain and execute warrants for arrest of persons charged with
violations of such laws;
(2) Obtain and execute search warrants in the enforcement of such laws;
(3) Arrest without warrant any person violating such laws in the officer's
presence or within such officer's immediate knowledge when there is likely
to be a failure of enforcement of such laws for want of a judicial officer
to issue a warrant;
(4) Make investigations in the enforcement of such laws and, in connection
with such investigations, to go upon any property outside buildings, whether
posted or otherwise, in the performance of such officer's duties;
(5) Seize and take possession of all property which is declared contraband
under such laws; and
(6) Carry firearms while performing such officer's duties.
(b) Each special agent or enforcement officer shall file with the
commissioner a public official's bond in the amount of $1,000.00, the
cost of the bond to be borne by the department. Nothing in this chapter
shall be construed to relieve agents and officers, after making an arrest,
from the duties imposed generally to obtain a warrant promptly and to
return arrested persons without undue delay before a person authorized
to examine, commit, or receive bail as required by general law.
(c) After a special agent or enforcement officer has accumulated 25
years of service with the department, upon leaving the department under
honorable conditions, such special agent or enforcement officer shall
be entitled as part of such officer's compensation to retain his or her
weapon and badge pursuant to regulations promulgated by the commissioner.
(d) As used in this subsection, the term “disability”
means a disability that prevents an individual from working as a law enforcement
officer. When a special agent or enforcement officer leaves the
department as a result of a disability arising in the line of duty, such
special agent or enforcement officer shall be entitled as part of such
officer's compensation to retain his or her weapon and badge in accordance
with regulations promulgated by the commissioner.