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Police Jurisdiction Limitations

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  • Mr. Security
    replied
    Originally posted by Marchetti, David, M
    In Connecticut yes they can go after you into another town, but they should call the localsand allow them to deal with it generally.
    Agreed. That’s what I understood, but it's good to have a fellow Connecticut member weigh in on the matter. I also know that many departments have mutual aid agreements in effect as well.

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  • N. A. Corbier
    replied
    Florida State Statute 1100 - Pissing Off of a Law Enforcement Officer.

    1100.01 Short Title. -- The provisions of this act shall be known by and may be cited as the "Florida POD Act."

    1100.02 Legislative Intent -- The Legislature of the State of Florida has found, and agrees with, the notion that there are over 1000 Chapters of the State Statues of the State of Florida, and the following truths:

    (a) A Law Enforcement Officer is responsible for the enforcement of over 800 of the 1000 Chapters of Florida State Statute.

    (b) A person cannot go more than 75 feet or remain in a stationary place for more than one minute without violating a city ordinance, county ordinance or rule, or a State Statute.

    1100.03 Pissing Off A Law Enforcement Officer -- Whoever so engages in activity or omission of activity that annoys, hinders, or otherwise aggrivates a sworn law enforcement officer, as defined in 943.10, shall be guilty of a non-specified offense.

    1100.04 Authority to Detain, Authority to Investigate --- Whoever so engages in a violation of 1100.03 shall be subject to detainment by a law enforcement officer until such time that the law enforcement officer has determined probable cause to hold the violator as authorized under 901.151, or the violator asserts sufficient legal defense as to imperil the law enforcement officer's job security.

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  • davis002
    replied
    Originally posted by publicsafetyred
    In California, a cop is a cop anywhere in the sate. A San Diego cop can write a speeding ticket in San Francisco if he/she wished; although he would be laughed at.

    Also in California a peace officer can’t demand identification for just a consensual encounter.
    Pretty much the same in Minnesota... As a Law Enforcement Officer, you are licensed by the state. They can arrest anywhere in the state, unless department policy prohibits. I have a few friends that complain about a LEO following them into another city before initiating a stop, as they "are out of their jurisdiction". An example of why this might occur, is the MDT being slow to return the vehicle information. The Officer wont simply stop following you because you beat him to the city line before the computer returned a hit. For some reason, a few of my friends don't comprehend this

    As far as stopping someone on the sidewalk and asking for ID... If they have PC, then by all means. And we all know that if a LEO wants to see your ID, he will figure out something. There are alot of laws in the books, he just has to make them fit

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  • aka Bull
    replied
    I would also submit that the employing agency may have rules and regulations in place that restrict the officer's actions outside of the jurisdiction.

    This would be to prevent placing liability on the employing agency or jurisdiction for actions their officers take when off-duty and out of jurisdiction, not to mention removing the workers comp issues if an officer should be injured enforcing some traffic violation under these circumstances.

    I would expect these types of departmental rules and regulations tend to be aimed at enforcing more minor offenses under the law. I can see an officer being required to act by his/her agency when a serious offense likely to cause injury to another is bein committed in his/her presence.

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  • N. A. Corbier
    replied
    Regional differences indeed. We had this discussion on SPE in regards to several problems: 1) Florida Police Officers don't really know about their non-jurisdictional powers, they're not gone into at the academy, 2) that they don't have concurrent statewide law enforcement authority.

    A lot of folks on SPE who aren't in Florida (Westcoasters) were appalled because Florida doesn't have statewide jurisdiction for any LEO. It sorta does, but only for Florida Highway Patrol, FDLE investigators, Florida Marine Patrol, and peace officers like Florida Forestry Agents and the Wildlife Enforcement Officers out of Fish and Game Conservation... Then there are those weird DOT cops that you never really see...

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  • Lawson
    replied
    Yeah. Like if I was working for Seattle PD and I was in Spokane for an event, it would have to be a pretty big violation for me to take action.

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  • Charger
    replied
    Wow, so once again the regional differences become apparent... As some others said, on the West coast (WA, OR, CA, and I believe a few others) if you are a sworn LEO, you have jurisdiction throughout the state. Now granted, if an Officer from say, Southern OR is up in Portland for training, and happens to see a traffic infraction occur, he's probably not going to do anything about it. But if he did, it would be perfectly legal.

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  • bigdog
    replied
    Originally posted by mh892
    In Florida an LEO cannot use color of office outside assigned jurisdiction, with the exception of witnessing a felony or breach of the peace (i.e. observing a vehicle operating in an unsafe mannor like in DUI).
    a LEO outside his jurisdiction in florida is a private citizen. Any citizen in florida has the right to arrest for breach of peace or a felony. Security officers love that piece of case law. Thats the only arrest authority we get. Technically breach of peace encompasses alot of laws in florida. DUI, battery, disorderly conduct, etc.
    Last edited by bigdog; 07-10-2006, 06:14 AM.

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  • HotelSecurity
    replied
    Way back in the mid 70's while in Police Tech I remember a case where the Canadian courts ruled that even military Police can stop a civilian on a public highway & issue a ticket.

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  • Black Caesar
    replied
    In Texas, the answer is no. Outside of your primary jurisdiction, you can only arrest for a felony or breach of the peace (like any other citizen, but when a non-leo citizen does it, it a citizen's arrest, when an out of jurisdiction cop does it, it's a normal "government" arrest, but you have to immediately turn them over to a juridictional authority in either case). Speeding isn't a breach of the peace per se.

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  • mh892
    replied
    In Florida an LEO cannot use color of office outside assigned jurisdiction, with the exception of witnessing a felony or breach of the peace (i.e. observing a vehicle operating in an unsafe mannor like in DUI).
    Last edited by mh892; 07-10-2006, 01:50 AM.

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  • publicsafetyred
    replied
    Originally posted by Mr. Security
    Does a neighboring town police officer have the authority to conduct a traffic stop for an alleged driving infraction if the officer isn’t in his town? (not DUI, etc.)

    Also, can this officer demand to see identification if an individual is simply walking down the sidewalk?
    In California, a cop is a cop anywhere in the sate. A San Diego cop can write a speeding ticket in San Francisco if he/she wished; although he would be laughed at.

    Also in California a peace officer can’t demand identification for just a consensual encounter.

    Leave a comment:


  • N. A. Corbier
    replied
    In Wisconsin, once a LEO is outside of his lawful jurisidiction, he is a private citizen authorized to carry a firearm due to his law enforcement status. There were several cases where a law enforcement officer would conduct a traffic stop outside his jurisdiction before/after/during working security duties in a marked police vehicle.

    The courts have found that since DUI is a breach of the peace, and the law enforcement officer did not detain but made an arrest for a violation of the law committed in presence, that the private arrest the LEO made as a private citizen made was lawful.

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  • T202
    replied
    In Michigan if the traffic violation isn't a felony, no. The way around this is if the department with jurisdiction request that you take action on the violation. Example, city officer is on the way to court outside of his jurisdiction and clocks a speeder. He radios the Sheriff's dept and tells them he is observing a violation. They don't have a patrol nearby and request him to take enforcement. Once the request was made, the city officer has the same authority that the sheriff's deputy.
    Joe Blow walking on the sidewalk doesn't have to tell the officer anything, unless the officer has reasonable cause to believe that he did something wrong.

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  • Lawson
    replied
    As far as I know, in the state of Washington, yes. From what I have come to learn, officers are all commissioned through the Washington State Criminal Justice Training Commission when they graduate the Basic Law Enforcement Academy giving them the powers of an LEO throughout the state. Washington is quite different than many states, in most states you must be an Academy graduate to get hired on. In WA, you actually have to be hired and sponsored by an LE Agency before you can attend the academy. (No, you cannot put yourself through it.) Also, many officers here receive not only their commission from their PD, but a commission through the county sheriff's office to commit law enforcement throughout their county with the powers of a deputy. I also do not know many cities that will not let neighboring cities commit law enforcement in their towns.

    As far as I know, law enforcement is not allowed to have you just identify yourself if they have no reasoning, so no, they cannot just stop you on the sidewalk and say "Hey, let me see some ID". However; if you match the description of a suspect they are looking for, then all bets are off.

    Also, lets not forget memorandums of understanding (MOUs). Agencies that are nearby each other tend to typically have MOUs allowing officers of other agencies to do perform actions in their city. For Example... The Washington State Patrol and the Oregon State Police have an 8-mile border crossing MOU. This states that WSP Troopers are given 8 miles of jurisdiction into OR just as OSP Troopers are given 8 miles of jurisdiction into WA.
    Last edited by Lawson; 07-09-2006, 09:17 PM.

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