Mississippi Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Mississippi, with full citations and the original source on every page.
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When a Mississippi deputy sheriff wants to do off-duty private security work in uniform with a county weapon and vehicle, who has to approve it: the sheriff or the county board of supervisors?
Just the sheriff. Miss. Code § 17-25-11 puts the approval power with the sheriff for deputy sheriffs, the same way it puts approval with the chief executive for municipal officers and with the DPS Com…
Can a Mississippi auxiliary deputy sheriff who is not certified make traffic stops, write tickets, transport inmates, or make arrests?
No to all of the above. An auxiliary deputy sheriff is a part-time law enforcement officer under Section 45-6-3(d) and must be BLEOST-certified. An uncertified person cannot serve as an auxiliary depu…
Does Tennessee Public Safety Network peer-support training count for Mississippi's certified peer support member designation?
The statute is clear: a certified peer support member must have critical incident stress management training and must be certified by the Mississippi State Board of Health or the Mississippi Departmen…
Can a Mississippi sheriff use inmate canteen funds to buy a boiler valve and a jail laundry washer and dryer?
Yes to both. Section 19-3-81(1)(b) lets the sheriff spend inmate canteen money on educational expenses, equipment, supplies, and equipment maintenance for the benefit and welfare of inmates. A boiler …
Can a Mississippi jail buy a washing machine and clothes dryer for inmate uniforms with canteen funds?
Yes. A Mississippi sheriff may use inmate canteen funds to buy a washing machine and clothes dryer for inmate uniforms, so long as the purchase is made 'for the benefit and welfare of the inmates inca…
When can a Mississippi sheriff set bail, and can the sheriff refuse cash bonds?
A Mississippi sheriff may set bail only in two narrow situations: misdemeanor arrests where no judicial officer has set bond, and felony arrests in 'emergency circumstances' under Section 19-25-67. Wh…
Can a Mississippi county sheriff use Inmate Canteen Fund money to buy prisoner uniforms and mattresses?
Yes. The sheriff may use Inmate Canteen Fund money to buy uniforms and mattresses for inmates. Section 19-3-81 lets the sheriff spend the fund on equipment and supplies for inmates' benefit, excluding…
Who can swear in a Mississippi sheriff, and can a sheriff swear in his own deputies?
Municipal judges, notaries public, and the other officials in § 11-1-1 may swear in any Mississippi elected official, no matter the county. A sheriff is not authorized to administer oaths and cannot s…
If no probation revocation hearing happens within 21 days, must the Mississippi sheriff release the probationer?
Yes. Section 47-7-37(3) makes release mandatory if a probation revocation hearing is not held within 21 days of detention. The sheriff physically holds the probationer and must release them, even if t…
In Mississippi, who decides parking around the county courthouse, the sheriff or the board of supervisors?
The board of supervisors. Miss. Code Ann. § 19-7-33 gives the board the authority to regulate parking on county public lands around the courthouse, including the power to assign spaces. The sheriff do…
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Attorney general opinions in Mississippi are written by the Mississippi Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.