Understanding Federal Law Enforcement and Traffic Stops

Many believe that federal agents, particularly those from agencies like the Federal Protective Service (FPS), Federal Bureau of Investigation (FBI), and United States Marshals Service (USMS), do not have the authority to conduct traffic stops. This misconception is not entirely unfounded, but it also contains several inaccuracies. In this article, we will explore the realities of federal law enforcement's authority to perform traffic stops, examining each agency's jurisdiction and the limitations that often prevent them from doing so.

USMS: The Most Jurisdictional Widespread Agency

United States Marshals Service (USMS) is the most unique among federal law enforcement agencies, as it possesses the broadest jurisdictional authority within the United States. Established in 1789, the USMS has the power to enforce all laws, federal or state, where a Sheriff would have jurisdiction, based on its charter and the powers granted by State constitutions. Although a Deputy U.S. Marshal is unlikely to conduct traffic stops, this potential exists due to their extensive legal authority and practical limitations, such as the higher priority of cases typically handled by the USMS.

FBI: Primarily a Felony Investigator

Federal Bureau of Investigation (FBI) is not inherently empowered to enforce state laws. The FBI mainly focuses on national security, major crimes, and white-collar crimes. In exceptional circumstances, they might receive deputization to enforce state laws, but this is rare and usually limited to intervening in felonies or high misdemeanor offenses, not everyday traffic violations. This excludes the FBI from performing traffic stops, as such actions fall far outside their primary mission and jurisdiction.

FPS and USSS: Complicated Dynamics

Federal Protective Service (FPS) and United States Secret Service (USSS) operate with intricate structures that sometimes allow for partial traffic enforcement, primarily through Memorandums of Agreement/Understanding (MOA/MOU) agreements. FPS can employ both “special police” (contractors) and sworn law enforcement officers (0083 and 1811 series). These officers can enforce traffic laws related to federal facilities but are generally restricted to their mission of protecting vital infrastructure and facilities.

Department of the Interior: A Special Case

Bureau of Indian Affairs (BIA) within the Department of the Interior provides a unique case. BIA’s Office of Justice Services has uniformed police (0083s) and criminal investigators (1811s) who enforce both federal and tribal laws on tribal lands. These officers are fully sworn and empowered to conduct traffic stops in specific areas, often within or near reservations, maintaining law and order in their jurisdiction.

The Limitations

Despite their expansive authorities, federal agencies often refrain from conducting traffic stops. The primary reasons include the prioritization of more significant cases, the complexity of the legal processes, and the practical constraints of focusing on their core missions, such as national security and criminal investigations. Additionally, performing traffic stops would disrupt their specialized roles and could lead to conflicts with state or local law enforcement.

Understanding the jurisdiction and limitations of these federal agencies provides a clearer picture of why they do not typically conduct traffic stops. While they have the authority, the circumstances and priorities often prevent them from doing so, leading to the common belief that federal agents do not pull over under normal traffic infractions.

In conclusion, the authority and jurisdiction of federal law enforcement agencies like USMS, FBI, FPS, USSS, and BIA vary significantly, with USMS having the broadest jurisdiction. However, their focus on their specialized missions often limits their involvement in everyday traffic stops.