Police jurisdiction

fastlanechamp

New member
This was what happened in a Saturday morning on NB 101 in Red Wood City. The traffic was lighter comparing to weekdays, but the freeway was not that empty. This Mt View police SUV was cruising at the left lane at 65 MPH. There was a quarter mile empty road ahead of it. The right three lanes were all occupied. Noone dare to pass this guy. I had to go to SFO to pick up someone, and was really upset by the hold up. As soon as I drove up to 70 MPH and tried to pass this guy from the right lane, he flashed his light and honked his SUV, pointed his finger at me...yeah, I could see his shotgun next to him. WTH. My question is, has stuff like this happened to any of you? Does this guy has jurisdiction on the freeway since he is a city cop and 20 miles out of his turf?
 
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Jurisdiction


The laws vary from state to state, but I would bet that any CA "peace officer" (from a city police officer to a game warden) would have statewide arrest authority. It would be somewhat of a pain for him to pull you over and cite you in someone else's territory or venue, but I would bet a cold beer that he could do it - even though it might not mean that he would do it.

Knowing the way CA is and how many different agencies overlap each other, I would say it is a safe bet that you could have been ticketed for ignoring his admonition to slow down. Even if he could not ticket you, there is nothing saying he could not detain you until a CHP trooper arrived to issue you a summons based upon the other officer's observation.

Even if both had to appear in court to testify, it would be nice overtime pay in their eyes. At the very least, bear in mind that cops all have radios and cell phones too - and most would "drop a dime on you" without hesitation if you speed past a marked car.

I used to be a deputy sheriff here in VA, and it would surprise you how many people thought that we "could not pull them over" on the Interstate highway. Likewise, our state police can make arrests for violations (of state codes) that occur within any city or county. The only thing troopers don't do is enforce local ordinances (curfew violation, county tax decals, etc.).

See if you can look up your state code on-line and look for "law enforcement powers, definition, etc., etc." in the index. Do a search under "peace officer" as well.

Good luck and watch that speed!!


===================================

"If it has any blue lights at all, give it respect."



:biggrin2:
 
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yah man for god sake you probably endangered the entire bay area by goin' 70 mph.....cop was a frickin wired tool

give us all a break blue.
 
alaskaman said:
yah man for god sake you probably endangered the entire bay area by goin' 70 mph.....cop was a frickin wired tool

give us all a break blue.

Hey .......
 
By no means am I saying that I obey the speed limit all the time but that is what it is, a speed limit... if you have the balls to speed past a police officer you should also be prepared to swallow that pill. Police are around for a reason as are laws, it's entirely your call if you want to pass a marked police vehicle but be prepared to pay the price.
 
:wtf: times have changed I guess. used to be the "heat" was just a step away from being the authoritarian tool the post describes. i guess y'all never had fun....or somethin'
 
In TX, the cop can write you a ticket, but it has to go through the jurisdiction that you are in. A Fort Worth cop can write you a speeding ticket while you are in Dallas, but it has to go through the Dallas court system and is usually more hassle than it's worth for the Fort Worth cop.
 
I am not an expert on this, but I think in NJ the cop has to be in his jurisdiction to write you a ticket. They can pull you over outside of their township, but they must wait for a cop from that jurisdiction to write you a ticket.
 
Police Jurisdiction (Out of Area)


It is a very complex issue and varies not just with state & local laws, but with agency procedure and policy. Then, there is also the chasm between jurisdiction and venue (on which you could very well write a doctoral thesis).

In VA, the Uniform Traffic Summons (ticket) booklets are numbered, assigned to each officer/deputy and have the general district court address of the law enforcement officer's county or city pre-printed at the top. Court dates are also pre-assigned in advance.

When a summons is issued here, the court date and time to appear are written in by the officer. Our policy was that it was to be at least thirty days from when the infraction was committed - so as to allow planning time and the ability to hire legal counsel if desired by the defendant. Of course, appearing in court could be avoided by mailing in the fine & costs -- unless if was for a certain misdemeanor offense (reckless driving, etc.) that required one to appear in front of the judge. {But I digress!}

It is not impossible for an officer or deputy from one agency to "cite" a person for an offense committed in his presence elsewhere, but the hassle and headache would seem to be prohibitive.

Aside from that imbroglio, there is the issue of location, backup, officer safety and radio contact. So you make a traffic stop several miles away - do you know the landmarks, intersections and street names? Do you have the ability to contact the police department or sheriff's office with your radio system? How do you know the court date(s) available there?

Is your lieutenant going to approve the overtime, day off & travel pay (if applicable) so you can testify in front of a 'strange' judge in another county? Will the agency in that particular area think you are 'stepping on their toes' by making a stop on their turf? Will they bristle at the possibility of one of their officers also having to appear?

Our radio system was the pits, we could not talk with any adjacent departments; and thus had to relay everything through our dispatch. Once we were five miles beyond our county line, our old UHF system was basically useless. :bash:

Unless it was something extremely serious, our policy was to let "their agency" handle it. That's what cell phones and 911 are for, right? Call their local dispatch, inform them of your name, agency and location. Let them handle it, but assist them if asked to do so.
:awais:

By the way, my old agency did eventually upgrade to a better Motorola "digital" system in the years since I left. Now they can talk with some of the adjacent departments. Believe it or not, some sheriff's offices in VA still use VHF Lo-Band equipment!
:cursin:
 

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