Do Virginia Office of State Inspector General investigators have arrest powers and the authority to execute criminal process?

Plain-English summary

Delegate Steven Landes asked a short, direct question: Do investigators at the Office of the State Inspector General (OSIG) qualify as "law-enforcement officers," with the powers to arrest people and execute criminal process? The AG's answer was a short, direct yes, with two qualifications.

Under Va. Code § 2.2-311(A), the State Inspector General may designate himself and no more than 30 members of the OSIG investigations unit to "have the same powers as a sheriff or law-enforcement officer." That comes out to 31 people maximum, including the director. Those powers include arrest and the execution of criminal process. They are not, however, automatic for every OSIG investigator; designation is required, the cap is 30 plus the director, and any designated employee must complete the Department of Criminal Justice Services (DCJS) minimum law-enforcement training under § 9.1-102 before actually using law-enforcement authority.

The opinion is one of the shortest in the 2013 collection because the statute resolves the question directly. The AG's role was essentially to confirm that "the same powers as a sheriff or law-enforcement officer" means what it sounds like, and to spell out that the cap and the training requirement constrain the grant.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What is OSIG?
The Office of the State Inspector General is an independent state office that audits, investigates, and reviews state agencies and certain nonstate agencies that receive state funds. Its investigators handle allegations of fraud, waste, abuse, and criminal behavior tied to state programs.

Why cap the number at 31?
The opinion does not explain the legislative reasoning. The cap appears in the statute itself; the General Assembly limited the law-enforcement footprint of OSIG, presumably to keep the office focused on audit and oversight rather than turning it into a general-purpose police force.

What is "criminal process"?
Criminal process in this context covers the formal documents and orders by which the criminal justice system acts, especially warrants of arrest, search warrants, and summonses. A designated OSIG investigator may execute (serve and act upon) those documents, just as a sheriff's deputy can.

Is DCJS training a real gate?
Yes. The statute is explicit that designated OSIG employees "shall be subject to any minimum training standard established by the Department of Criminal Justice Services under § 9.1-102 for law-enforcement officers prior to exercising any law enforcement power under this section." Without that training, the designation alone doesn't unlock arrest authority.

Are the powers limited by subject matter?
Yes. They run only "in the investigation of allegations of criminal behavior affecting the operations of a state agency or nonstate agency pursuant to [the State Inspector General's] duties." OSIG investigators are not all-purpose police; their law-enforcement powers travel with their statutory mission.

Background and statutory framework

Section 2.2-311(A) reads in full (as quoted in the opinion):

The State Inspector General may designate himself and no more than 30 members of the investigations unit of the Office to have the same powers as a sheriff or law-enforcement officer in the allegations of criminal behavior affecting the operations of a state agency or nonstate agency pursuant to his duties as set forth in this chapter. Such employees shall be subject to any minimum training standard established by the Department of Criminal Justice Services under § 9.1-102 for law-enforcement officers prior to exercising any law enforcement power under this section.

The opinion adds nothing beyond the statute. It confirms that the General Assembly chose to extend sheriff and law-enforcement powers to a small, designated group inside OSIG, capped at the director plus 30 investigators and gated by DCJS minimum training before any law-enforcement power may be exercised.

Citations

• Va. Code § 2.2-505 (Attorney General advisory opinions)
• Va. Code § 2.2-311(A) (OSIG designation of law-enforcement powers)
• Va. Code § 9.1-102 (DCJS minimum training standards)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2013/12-089_Landes.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

July 19, 2013

The Honorable R. Steven Landes
Member, House of Delegates
Post Office Box 12
Verona, Virginia 24482

900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

Dear Delegate Landes:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issues Presented

You ask whether the investigators employed by the Office of the State Inspector General ("OSIG") are "law-enforcement officers" with arrest powers and the authority to execute criminal process.

Response

It is my opinion the OSIG director may designate himself and no more than 30 members of the investigation unit to have the same powers as a sheriff or law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of a state agency or a nonstate agency pursuant to OSIG duties.

Applicable Law and Discussion

You also ask about the duties of investigators employed by OSIG and whether such investigators may be considered law enforcement officers. Section 2.2-311(A) provides:

The State Inspector General may designate himself and no more than 30 members of the investigations unit of the Office to have the same powers as a sheriff or law-enforcement officer in the allegations of criminal behavior affecting the operations of a state agency or nonstate agency pursuant to his duties as set forth in this chapter. Such employees shall be subject to any minimum training standard established by the Department of Criminal Justice Services under § 9.1-102 for law-enforcement officers prior to exercising any law enforcement power under this section.

This language permits the OSIG to have 31 (including the director) investigators with law enforcement powers. Law enforcement powers would include the power to arrest and execute criminal process as necessary to carry out OSIG duties.

Conclusion

Accordingly, it is my opinion the OSIG director may designate himself and no more than 30 members of the investigation unit to have the same powers as a sheriff or law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of a state agency or a nonstate agency pursuant to OSIG duties.

With kindest regards, I am

Kenneth T. Cuccinelli, II
Attorney General