State, Department of Motor Vehicles & Public Safety v. Lovett , 110 Nev. 473 ( 1994 )

Springer, J.,

dissenting:

I dissent because a park ranger is not a “police officer,” as defined by NRS 484.383, and, as a federal officer, does not have the state power to carry out the tests and directions provided in that statute.

A federal officer made the arrest in this case pursuant to federal law. In the park area federal regulations have adopted state traffic laws, and violating state traffic laws “is prohibited” in the park. Thus, violating state traffic laws (by, for example, driving on the wrong side of the road) constitutes violation of federal regulations and subjects the offender to federal sanctions. Federal enforcement officers are necessarily enforcing federal traffic laws; they are, of course, not empowered by either the state or the federal government to enforce state traffic laws.

Lovett was prosecuted under federal law; but, because Lovett was also found driving under the influence outside of the federal reservation and in state territory, the federal officer undertook to enforce state law by carrying out the functions of state “police officers” that are authorized under our state statute, NRS 484.383. The officer in this case is a federal officer and not a state “police officer” and as such has no authority to enforce state law. The same situation would arise if a Texas Ranger attempted to enforce a Las Vegas traffic ordinance in Las Vegas. The federal officer has no authority to act as state “police officer” in this case, unless, of course, he has been deputized as a state officer and is thus empowered to enforce Nevada law.

I gather from the record that the practice of allowing federal park officers to act as state agents or officials in cases like this is as a matter of convenience. This practice is clearly out of order, however, and should be discontinued. I will not elaborate further, as I believe to be highly probable that when the appropriate federal officials get a copy of this Opinion, they will see the obvious and understand that federal officers have no power to enforce state law. This unlawful practice will then be stopped, and the problem will go away.