Ohio § 5503.02

§ 5503.02.

(A) The state highway patrol shall enforce the laws of the state relating to the titling,

registration, and licensing of motor vehicles;  enforce on all roads and highways,

notwithstanding section 4513.39 of the Revised Code , the laws relating to the operation and use of vehicles on the highways;  enforce

and prevent the violation of the laws relating to the size, weight, and speed of commercial

motor vehicles and all laws designed for the protection of the highway pavements and

structures on the highways;  investigate and enforce rules and laws of the public

utilities commission governing the transportation of persons and property by motor

carriers and report violations of such rules and laws to the commission;  enforce

against any motor carrier as defined in section 4923.01 of the Revised Code those rules and laws that, if violated, may result in a forfeiture as provided in section 4923.99 of the Revised Code ;  investigate and report violations of all laws relating to the collection of excise

taxes on motor vehicle fuels;  and regulate the movement of traffic on the roads and

highways of the state, notwithstanding section 4513.39 of the Revised Code . The patrol, whenever possible, shall determine the identity of the persons who are

causing or who are responsible for the breaking, damaging, or destruction of any improved

surfaced roadway, structure, sign, marker, guardrail, or other appurtenance constructed

or maintained by the department of transportation and shall arrest the persons who

are responsible for the breaking, damaging, or destruction and bring them before the

proper officials for prosecution. State highway patrol troopers shall investigate and report all motor vehicle accidents

on all roads and highways outside of municipal corporations.  The superintendent of the patrol or any state highway patrol trooper may arrest,

without a warrant, any person, who is the driver of or a passenger in any vehicle

operated or standing on a state highway, whom the superintendent or trooper has reasonable

cause to believe is guilty of a felony, under the same circumstances and with the

same power that any peace officer may make such an arrest. The superintendent or any state highway patrol trooper may enforce the criminal laws

on all state properties and state institutions, owned or leased by the state, and,

when so ordered by the governor in the event of riot, civil disorder, or insurrection,

may, pursuant to sections 2935.03 to 2935.05 of the Revised Code , arrest offenders against the criminal laws wherever they may be found within the

state if the violations occurred upon, or resulted in injury to person or property

on, state properties or state institutions, or under the conditions described in division

(B) of this section.  This authority of the superintendent and any state highway patrol trooper to enforce

the criminal laws shall extend to the Lake Erie Correctional Institution and the Northeast

Ohio Correctional Center, to the same extent as if those prisons were owned by this

state. (B) In the event of riot, civil disorder, or insurrection, or the reasonable threat of

riot, civil disorder, or insurrection, and upon request, as provided in this section,

of the sheriff of a county or the mayor or other chief executive of a municipal corporation,

the governor may order the state highway patrol to enforce the criminal laws within

the area threatened by riot, civil disorder, or insurrection, as designated by the

governor, upon finding that law enforcement agencies within the counties involved

will not be reasonably capable of controlling the riot, civil disorder, or insurrection

and that additional assistance is necessary.  In cities in which the sheriff is under contract to provide exclusive police services

pursuant to section 311.29 of the Revised Code , in villages, and in the unincorporated areas of the county, the sheriff has exclusive

authority to request the use of the patrol.  In cities in which the sheriff does not exclusively provide police services, the

mayor, or other chief executive performing the duties of mayor, has exclusive authority

to request the use of the patrol. The superintendent or any state highway patrol trooper may enforce the criminal laws

within the area designated by the governor during the emergency arising out of the

riot, civil disorder, or insurrection until released by the governor upon consultation

with the requesting authority.  State highway patrol troopers shall never be used as peace officers in connection

with any strike or labor dispute. When a request for the use of the patrol is made pursuant to this division, the requesting

authority shall notify the law enforcement authorities in contiguous communities and

the sheriff of each county within which the threatened area, or any part of the threatened

area, lies of the request, but the failure to notify the authorities or a sheriff

shall not affect the validity of the request. (C) Any person who is arrested by the superintendent or a state highway patrol trooper

shall be taken before any court or magistrate having jurisdiction of the offense with

which the person is charged.  Any person who is arrested or apprehended within the limits of a municipal corporation

shall be brought before the municipal court or other tribunal of the municipal corporation. (D)(1) State highway patrol troopers have the same right and power of search and seizure

as other peace officers. No state official shall command, order, or direct any state highway patrol trooper

to perform any duty or service that is not authorized by law.  The powers and duties conferred on the patrol are supplementary to, and in no way

a limitation on, the powers and duties of sheriffs or other peace officers of the

state. (2)(a) A state highway patrol trooper, pursuant to the policy established by the superintendent

of the state highway patrol under division (D)(2)(b) of this section, may render emergency

assistance to any other peace officer who has arrest authority under section 2935.03 of the Revised Code , if both of the following apply: (i) There is a threat of imminent physical danger to the peace officer, a threat of physical

harm to another person, or any other serious emergency situation; (ii) Either the peace officer requests emergency assistance, or it appears that the peace

officer is unable to request emergency assistance and the circumstances observed by

the state highway patrol trooper reasonably indicate that emergency assistance is

appropriate, or the peace officer requests emergency assistance and in the request

the peace officer specifies a particular location and the state highway patrol trooper

arrives at that location prior to the time that the peace officer arrives at that

location and the circumstances observed by the state highway patrol trooper reasonably

indicate that emergency assistance is appropriate. (b) The superintendent of the state highway patrol shall establish, within sixty days

of August 8, 1991, a policy that sets forth the manner and procedures by which a state

highway patrol trooper may render emergency assistance to any other peace officer

under division (D)(2)(a) of this section.  The policy shall include a provision that a state highway patrol trooper never be

used as a peace officer in connection with any strike or labor dispute. (3)(a) A state highway patrol trooper who renders emergency assistance to any other peace

officer under the policy established by the superintendent pursuant to division (D)(2)(b)

of this section shall be considered to be performing regular employment for the purposes

of compensation, pension, indemnity fund rights, workers' compensation, and other

rights or benefits to which the trooper may be entitled as incident to regular employment. (b) A state highway patrol trooper who renders emergency assistance to any other peace

officer under the policy established by the superintendent pursuant to division (D)(2)(b)

of this section retains personal immunity from liability as specified in section 9.86 of the Revised Code . (c) A state highway patrol trooper who renders emergency assistance under the policy

established by the superintendent pursuant to division (D)(2)(b) of this section has

the same authority as the peace officer for or with whom the state highway patrol

trooper is providing emergency assistance. (E)(1) Subject to the availability of funds specifically appropriated by the general assembly

for security detail purposes, the state highway patrol shall provide security as follows: (a) For the governor; (b) At the direction of the governor, for other officials of the state government of

this state;  officials of the state governments of other states who are visiting this

state;  officials of the United States government who are visiting this state;  officials

of the governments of foreign countries or their political subdivisions who are visiting

this state;  or other officials or dignitaries who are visiting this state, including,

but not limited to, members of trade missions; (c) For the capitol square, as defined in section 105.41 of the Revised Code ; (d) For the Vern Riffe center and the James A.  Rhodes state office tower, as directed by the department of public safety; (e) For other state property. (2) To carry out the security responsibilities of the patrol listed in division (E)(1)

of this section, the superintendent may assign state highway patrol troopers to a

separate unit that is responsible for security details.  The number of troopers assigned to particular security details shall be determined

by the superintendent. (3) The superintendent and any state highway patrol trooper, when providing security

pursuant to division (E)(1) of this section, have the same arrest powers as other

peace officers to apprehend offenders against the criminal laws who endanger or threaten

the security of any person or state property being protected under division (E) of

this section, no matter where the offense occurs.  This arrest authority is concurrent with that of any other peace officer, as defined

in section 2935.01 of the Revised Code , or any other law enforcement officer, as defined in section 2901.01 of the Revised Code , with jurisdiction at the respective location. The superintendent, any state highway patrol trooper, and any special police officer

designated under section 5503.09 of the Revised Code , if providing security pursuant to division (E)(1)(c) of this section, shall enforce

any rules governing capitol square adopted by the capitol square review and advisory

board. (F) The governor may order the state highway patrol to undertake major criminal investigations

that involve state property interests.  If an investigation undertaken pursuant to this division results in either the issuance

of a no bill or the filing of an indictment, the superintendent shall file a complete

and accurate report of the investigation with the president of the senate, the speaker

of the house of representatives, the minority leader of the senate, and the minority

leader of the house of representatives within fifteen days after the issuance of the

no bill or the filing of an indictment.  If the investigation does not have as its result any prosecutorial action, the superintendent

shall, upon reporting this fact to the governor, file a complete and accurate report

of the investigation with the president of the senate, the speaker of the house of

representatives, the minority leader of the senate, and the minority leader of the

house of representatives. (G) The superintendent may purchase or lease real property and buildings needed by the

patrol, negotiate the sale of real property owned by the patrol, rent or lease real

property owned or leased by the patrol, and make or cause to be made repairs to all

property owned or under the control of the patrol.  Any instrument by which real property is acquired pursuant to this division shall

identify the agency of the state that has the use and benefit of the real property

as specified in section 5301.012 of the Revised Code . Sections 123.01 and 125.02 of the Revised Code do not limit the powers granted to the superintendent by this division.