Every year people in federal and state parks end up in cuffs because they don't realize that park rangers, or park police, are law enforcement officers. Park rangers, park police, and even game wardens and other officials not only have the authority to arrest you themselves, but they can also refer your matter to local law enforcement or federal law enforcement.
The United States Park Police are primarily in charge of parks and national monuments and enforce both park rules and the laws that govern those areas. This includes many historic sites and natural wonders nationwide, as well as many locations in Washington, D.C.
However, it is important to note a distinction between official officers and security guards. Particularly during the peak times of camping season, or at private campgrounds, some parks may hire private security guards to help out. Security guards should be easily distinguishable from real law enforcement officers, and, like the ones found on college campuses, may still have more authority than one might expect. Security guards are often authorized to detain a person until real officers arrive.
Avoiding Arrest in the Wild
To avoid being arrested while out in the wilderness, apart from not violating the law, it's best to have all your documentation in order and in your possession, or at least easily accessible. Often, park rangers will have a little bit more leeway to search a person or campsite than an ordinary police officer. This is because they are often tasked with administrative duties like checking for hunting or camp site permits, collecting fees, and public safety monitoring duties like enforcing dog leash laws where a citation may be issued. These tasks allow the rangers to enter campsites or hunting areas liberally and if probable cause of another crime is discovered during a stop or inspection, a full search, or arrest, could ultimately result.
Park Laws and Rules
If you are caught violating the law while in a local, state, or national park system location, there are a few things to keep in mind. First, as with any arrest, you have the right to remain silent. Whether it's a security guard, or legitimate officer from a law enforcement agency, apart from identifying yourself, providing documentation incident to a traffic stop or other hunting license check, you do not have to answer questions. Affirmatively invoking your right to an attorney before answering any questions is a right you can exercise as well.
While violations of state law, such as DUIs, will be prosecuted under state law in most circumstances, it's important to know that if a crime occurs in any location that is a part of the National Park Service, federal law will control if a park visitor is caught breaking the law. A list is found on the NPS website (www.nps.gov). A good example of this involves legal marijuana users, who often find themselves in cuffs and prosecuted for smoking cannabis or taking their medicine in a national park. Even if the national park is fully located in a state like Colorado or California, where marijuana is legal for anyone over 21, federal law makes possession and use illegal.
Related Resources:
- National Park Drug Laws (FindLaw’s Law and Daily Life)
- Vandalize a National Park, Go to Jail (FindLaw’s Law and Daily Life)
- Real Police or Impersonator? Here's How to Tell (FindLaw’s Law and Daily Life)
