38-3-113 - Federal officers making arrests for nonfederal offenses.

38-3-113. Federal officers making arrests for nonfederal offenses.

A sworn federal law enforcement officer, who in official capacity is authorized by law to make arrests, shall, when making an arrest in this state for a nonfederal offense, have the same legal status and immunity from suit as a state or local law enforcement officer if the arrest is made under the following circumstances:

     (1)  The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence;

     (2)  The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing such a misdemeanor in the officer's presence; or

     (3)  The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.

[Acts 1989, ch. 135, § 1.]