Expert: Jack Toomey - 4/5/2007

Question
My boyfriend was arrested in Oklahoma in small town by a "police officer" that may not have all the credentials to make such an arrest. We have learned that he has no CLEET certification and was no passed in the academy??? Does that have any bearing on the validity of his arrest?? What, if any, certifications does a person have to have for an arrest to be lawful??  
*** Please keep in mind the County he was arrested in (Caney, OK) has no jail facility - only a small force and population of less then 1200 people.  It's like the smallest of small backwards towns.  So if that has any bearing on the question as to why the requirements of an officer of the law are.***  

Among other violations - the main one is a felony assault (transfer of fluids).  They stated he spat on the "officer" - however this was after he was pepper sprayed what does anyone do after they are pepper sprayed??  It's an automatic response - not directed to or at anyone in particular??? Unfortunately we had no money for an attorney - he was assigned a public defender and took a plea...

I'm not saying he's innocent in the whole scheme of things - but this charge is so ambiguous to begin with - and if he isn't a certified cop or officer, maybe just volunteer or ??? something else??? Do the charges still count???  The other tickets and things are valid, but this is a felony charge for something so trivial and just.... It's frustrating to say the least.  

Answer
 I don't know what the law is in Oklahoma but it could be that any citizen could make an arrest for an offense like that so it wouldn't make any difference if he was an officer or not.  But it is worth checking into for a matter to raise at trial.  If you are not represented by an attorney, which you should be, it could be a dangerous thing to raise because I can imagine the reaction of the judge.  You would have to have proof that the officer was not authorized to make an arrest and you would need the proof right there in court.  So it is a ticklish situation.  Better to be represented by an attorney I think, especially if this carries jail time which I am sure it does.