Washoe County Sheriff v. Zimmerman
Washoe County Sheriff v. Zimmerman
Opinion of the Court
OPINION
Officer Charles Saulnier, a Reno police officer, went with his fiancee to a Sparks pizza parlor to watch a sporting event on
NRS 200.481 provides in part:
200.481 Battery: Definition; penalties.
1. As used in this section:
(a) “Battery” means any willful and unlawful use of force or violence upon the person of another.
(c) “Officer” means:
(1)A peace officer as defined in NRS 169.125;
2. Any person convicted of a battery . . . shall be punished:
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $15,000, or by both fine and imprisonment. (Emphasis added.)
NRS 169.125(7) defines peace officers as “[m]arshals and policemen of cities and towns.”
Saulnier was apparently a regular full-time Reno policeman
The statute providing an enhanced penalty for committing a battery upon an officer is obviously meant for the protection of peace officers. Cf. United States v. Feola, 420 U.S. 671 (1975) (18 U.S.C. § 111, making it an offense to assault a federal officer engaged in the performance of his official duties, was similarly meant to protect federal officers). This objective justifies interpreting the “performance of his duty” provision broadly. Statutes in other jurisdictions with the same objective have been similarly interpreted. See United States v. Velarde, 528 F.2d 387 (9th Cir. 1975); United States v. Reid, 517 F.2d 953 (2d Cir. 1975); State v. Cook, 440 A.2d 137 (R.I. 1982). This interpretation is particularly appropriate with regard to policemen charged with preventing crime and apprehending violators. These officers routinely encounter potentially violent situations and are specially trained to deal with them. The public can reasonably expect that a trained law enforcement officer will act to prevent a breach of the public peace more so than an ordinary passerby or citizen. This expectation is specifically evidenced in this case by the fact that other patrons urged the officers to break up the fight. We therefore hold that Officer Saulnier, who in fact responded to a breach of the public peace, was entitled to the protection afforded by the statute.
We express no opinion whether the statute is similarly applicable to other peace officers in NRS 169.125. We also express no opinion as to the scope of an officer’s powers to search or arrest outside of his jurisdiction.
Reference
- Full Case Name
- WASHOE COUNTY SHERIFF v. PAUL WALTER ZIMMERMAN
- Cited By
- 1 case
- Status
- Published