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  • Making an arrest or Citation out of Jurisdiction

    Just curious what the law is in Ga. Can a LEO make an arrest or write a ticket outside his jurisdiction? Example a Dekalb officer arresting someone in Gwinnett...

  • #2
    Originally posted by Mazda62005 View Post
    Just curious what the law is in Ga. Can a LEO make an arrest or write a ticket outside his jurisdiction? Example a Dekalb officer arresting someone in Gwinnett...

    LOL...U Betta not. To my understanding only people with statewide arrest powers are sheriffs and their deputies and ofcourse GSP or GBI. A ga post certified officer can arrest outside of his jurisdiction if its a forcible felony(rape murder robbery etc) But a speeding ticket dont try it if your just PD cause once you leave your county or city limits your just plan Jack or Jane Citizen.
    WELCOME TO ATLANTA CITY LIMITS>>>>RADIO I"LL BE CODE 7

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    • #3
      Originally posted by ATLPD3635 View Post
      LOL...U Betta not. To my understanding only people with statewide arrest powers are sheriffs and their deputies and ofcourse GSP or GBI. A ga post certified officer can arrest outside of his jurisdiction if its a forcible felony(rape murder robbery etc) But a speeding ticket dont try it if your just PD cause once you leave your county or city limits your just plan Jack or Jane Citizen.
      There was a case out of Clayton Co a few years back that covered traffic, a DUI arrest specifically. I believe the court affirmed that a post certified, uniformed officer, in a marked vehicle could enforce state traffic law as long as the citation was adjudicated through the appropriate court. Can't remember all the specifics or case. Anyone else recall this?
      "Would I ever leave this company? Look, I'm all about loyalty. In fact, I feel like part of what I'm being paid for here is my loyalty. But if there were somewhere else that valued loyalty more highly, I'm going wherever they value loyalty the most. " --Dwight K Schrute (The Office)

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      • #4
        There was a case out of Clayton Co a few years back that covered traffic, a DUI arrest specifically. I believe the court affirmed that a post certified, uniformed officer, in a marked vehicle could enforce state traffic law as long as the citation was adjudicated through the appropriate court. Can't remember all the specifics or case. Anyone else recall this?
        yes you can, just cross out your county at the top of the citation and put the county you are in for replacement. Tell your solicitor and they will send the ticket to the appropriate county. Now your chief might have a say about this, so be warned! lolol.

        Also, the state of Georgia, pursuant to GA Code 17-4-60, "A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion".

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        • #5
          Thanks for the response guys..Im currently in the process with dekalb county.. Ive gone thru the written,physical and background investigation just waiting for my oral board interview... What is your Opinion of Dekalb County? Please I ask give me a professional Opinion and not some off colored one lol

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          • #6
            I have initiated traffic stops outside my jurisdiction on serious traffic offenses/suspected impaired drivers and then turn the scene over to the responding LEO's for the area. In one case I had a driver that was falling asleep at the wheel and had almost struck another vehicle head-on. He had not been drinking, but was driving on a suspended/served license and the vehicle was not insured with suspended registration. I was coming from a training class waaaay outside my jurisdiction and figured I would turn this over to the local PD. The responding officer for the jurisdiction did not want to make a case on this guy. There was no way I was going to let this guy go, so I got directions to the county jail and transported the subject to jail. At the jail I explained the situation and asked how to obtain a state warrant. The jail took the subject into custody and gave me a number for the judge on-call. I met with the judge and had no problems obtaining a state warrant for the noted charges. The only thing I was ever questioned about was why the other officer did not want to make the charge inside his jurisdiction- guess he had better things to do. If there is ever a question about jurisdiction/making the charge get a state warrant. This will take longer but I believe it will hold up better than changing agency names on a citation and hoping for the best.
            Last edited by lifesagarden; 09-17-2009, 12:28 PM.
            Lets hold hands and sing "We are the world."

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            • #7
              Originally posted by lifesagarden View Post
              I have initiated traffic stops outside my jurisdiction on serious traffic offenses/suspected impaired drivers and then turn the scene over to the responding LEO's for the area. In one case I had a driver that was falling asleep at the wheel and had almost struck another vehicle head-on. He had not been drinking, but was driving on a suspended/served license and the vehicle was not insured with suspended registration. I was coming from a training class waaaay outside my jurisdiction and figured I would turn this over to the local PD. The responding officer for the jurisdiction did not want to make a case on this guy. There was no way I was going to let this guy go, so I got directions to the county jail and transported the subject to jail. At the jail I explained the situation and asked how to obtain a state warrant. The jail took the subject into custody and gave me a number for the judge on-call. I met with the judge and had no problems obtaining a state warrant for the noted charges. The only thing I was ever questioned about was why the other officer did not want to make the charge inside his jurisdiction- guess he had better things to do. If there is ever a question about jurisdiction/making the charge get a state warrant. This will take longer but I believe it will hold up better than changing agency names on a citation and hoping for the best.
              Makes since to me. I have no experiance in this matter or even understanding of any case law, if any on this topic. But I would think securing a warrant would be alot safer and more likely to hold up, than a citation and line though the agency name. After all you are still represent that agency, just in another juristicition.
              Last edited by ls1ssdavid; 09-17-2009, 03:19 PM. Reason: addition

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              • #8
                This court has held that two statutes, OCGA 40-13-30 and 17-4-23 (a), also authorize police officers to arrest persons for traffic offenses in other jurisdictions. State v. Gehris, 242 Ga. App. 384, 386 (528 SE2d 300) (2000) (OCGA 17-4-23 (a)); Edge v. State, 226 Ga. App. 559, 562 (2) (487 SE2d 117) (1997) (OCGA 17-4-23); Hastings, supra, 211 Ga. App. at 874 (OCGA 40-13-30); City of Winterville v. Strickland, 127 Ga. App. 716, 718 (2) (194 SE2d 623) (1972) (predecessor to OCGA 40-13-30). Since the Cobb County officer arrested Heredia for traffic offenses, DUI and failure to maintain a lane, he was authorized to do so outside of Cobb County. Accordingly, the trial court erred by granting the motion to suppress based on the officer's lack of jurisdiction to stop and arrest Heredia.


                The above is a portion of a Georgia case law, from a Cobb County case. In addition, numerous case law exists which clearly state that a Police Officer in Georgia has statewide authority over traffic related offenses. It is amazing how many so called "officers" get on these forums and speak on things they're not familiar with.

                If your unfamiliar with a certain case law or code section, please be man or woman enough to not comment. When a comment is made, how about posting what you know and have read for yourself, as opposed to what someone told you or what you heard. Bad information can have a detrimental effect on numerous aspects of peoples lives.

                Respectfully submitted,

                NIGHTWATCHMEN
                "The world is in greater peril from those who tolerate evil than from those who actually commit it."

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                • #9
                  The case law reads basically like its a citizens arrest. Honestly I have been taught that jurisdiction is the only place you can work and handle your crime rathers its true or not doesn't matter because my juri keeps me too busy to work another agencies problem... If you dont have enough going on in your dept to were you need to make stops in other jurisdictions than maybe you need to change departments... I'll Call it in but I personally dont see the need to handle another jurisdictions complaint unless its serious enough to hurt someone. Even then i'll wait for that other agency to show up and I will transfer responsibility to them.
                  Last edited by ATLPD3635; 09-17-2009, 09:52 PM.
                  WELCOME TO ATLANTA CITY LIMITS>>>>RADIO I"LL BE CODE 7

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                  • #10
                    the question wasn't regarding whether or not you're too busy to enforce traffic out of your j/d, it was asking if you can do it or not.

                    excellent post nightwatchmen
                    Perseverate In Pugna

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                    • #11
                      the question wasn't regarding whether or not you're too busy to enforce traffic out of your j/d, it was asking if you can do it or not.

                      excellent post nightwatchmen
                      Perseverate In Pugna

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                      • #12
                        Some county SO's will deputize officers from local agencies and then the officer has statewide jurisdiction and does not have to worry about case law.

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                        • #13
                          excellent post nightwatchmen
                          yes sir!!!

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                          • #14
                            My .02 cents:

                            TRAFFIC STOPS (Arrest By Citation)

                            If you want a long career in this business, I am recommending that you don't make traffic stops outside of your jurisdiction a regular occurrence. The case law can say that you are authorized to do it and that is wonderful, but, **REALITY** is that no jurisdiction wants law enforcement from other jurisdictions making traffic stops on their "turf" . I would also bet that the prosecutors in those jurisdictions would not prosecute the case with the same intensity (or lack thereof) that they would normally if one of their local agencies made the case. Most importantly I can see your Chief/Sheriff receiving a phone call which as we all know can cause your life to become unpleasant in many different and creative ways. Bottom line, if you choose to make a traffic stop outside of your jurisdiction then make sure that you are able to articulate some type of exigency being present. Expired tag violations won't pass the smell test, reckless or DUI should be no problem.

                            Arrest By Warrant

                            County Sheriff's/Deputies may arrest on warrant anywhere in the state of Georgia. City/County/School PD's don't serve arrest warrants outside their jurisdiction unless deputized by their local Sheriff. (correct me if I am wrong)

                            Any LE officer can make a warrantless arrest on a felony crime anywhere in the state if there is a forcible felony in progress or if failure to arrest immediately (w/o warrant) would constitute a "failure of justice". Once again it is going to come down to your ability to articulate why you did what you did. Keep in mind that if you attempt to arrest someone outside of your jurisdiction without an arrest warrant and a shooting ensues or some other use of force occurs, I guarantee the issue of not having a warrant will be a concern/issue for anyone reviewing the case unless the criteria above are present. Have I done it before, yes. Would I have felt alot better about it if I had a warrant in hand, absolutely.

                            Stay safe.

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                            • #15
                              My hero, Lt. Colonel Dave Grossman, pointed out to me that I was certified by the State of Georgia as a Peace/Law Enforcement Officer and that certification did not become void once I left my jurisdiction or removed my uniform. I say you see someone that needs to be on the curb or in jail, put their *** there. We can figure out the details later. What if I get in trouble for doing my job??- badges are like cop groupies..take the one I have, I can always find another one..
                              Last edited by lifesagarden; 09-19-2009, 09:29 PM.
                              Lets hold hands and sing "We are the world."

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