Leader

Collapse

Announcement

Collapse
No announcement yet.

Jurisdiction Question(s)

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Jurisdiction Question(s)

    Hey guys, a thought (maybe a dumb one) popped into my head this past weekend regarding jurisdiction. If a person commits a crime in Evergreen Park for example, but lives in say, Chicago (or vice versa), who has jurisdiction over the case, particularly if detectives need to do further investigations, like speak to neighbors, witnesses, accomplices, other suspects, etc.?

    I'm guessing the police who cover the area where the crime was committed; but if this is the case, are those police officers - detectives, especially -- allowed to travel out-of-district to the suspect's residence or place of work and speak with any relevant persons near/around there during the course of their investigation? Or do they need permission or assistance from the local police who are responsible for the suspect's or witnesses' area? Furthermore, are the investigating officers allowed to travel via unmarked police car and carry their firearms out-of-district?

  • #2
    In the situation you described the investigating agency (evergreen park) could go into chicago if need be and perform any investigative duties they see the need to. Jurisdiction within a state is not so much an issue as it is when things involve more than one state (ex. crime comitted in IL and susp lives in IN). For example if a cop attends an illinios police academy and is employed by an illinois police dept he is technically able to enforce laws within the entire state. Use of the depts vehicles and carrying of firearms in the same state is permitted. On a side note full time police officers can carry anywhere in the country under federal law.

    Comment


    • #3
      Evergreen park would handle it all though I disagree with the enforcing laws throughout the state unless you're basically acting as a private citizen.
      For the cops out there: You are an adult. If you want to write someone, write them. If you don't want to write someone, then don't write them.

      "Jeff, you are the best cop on this board"-Anonymous Post

      Comment


      • #4
        Originally posted by EdwardV View Post
        Hey guys, a thought (maybe a dumb one) popped into my head this past weekend regarding jurisdiction. If a person commits a crime in Evergreen Park for example, but lives in say, Chicago (or vice versa), who has jurisdiction over the case, particularly if detectives need to do further investigations, like speak to neighbors, witnesses, accomplices, other suspects, etc.?

        I'm guessing the police who cover the area where the crime was committed; but if this is the case, are those police officers - detectives, especially -- allowed to travel out-of-district to the suspect's residence or place of work and speak with any relevant persons near/around there during the course of their investigation? Or do they need permission or assistance from the local police who are responsible for the suspect's or witnesses' area? Furthermore, are the investigating officers allowed to travel via unmarked police car and carry their firearms out-of-district?
        Not really a dumb question...you would be surprised how many cops, especially older ones dont have a full understanding of the answer. Basically an officer's "Jurisdiction" is confined to the geographical entity for which he is employed. That being said, an officer may go wherever his investigation takes him and he can act upon offenses occurring in his conduct of said investigation. His authority to carry a weapon and make arrests anywhere in the state comes from the state of Illinois, he is empowered by the state to conduct investigations and make arrests for state offenses. As well an Officer in Evanston cannot go out and arrest someone in Tinley Park for an ordinance violation, the Evanston Officer has no Jurisdiction...is that clear as mud???
        You cant arrest me...I know my Commandments!!

        Comment


        • #5
          The definitive answer is if you are off duty you have jurisdiction only in your police district (a municipality adjacent to your own within the same county) or if you are taking action in regards to an investigation for an offense that took place in your primary jursidiction.

          If you are on duty you have jurisdiction state wide for Misdemeanors and Felonies committed in your presence or while taking action in relation to an investigation of a crime in your primary jurisidiction or full jurisdiction anywhere in your police district which is defined as any municipality adjacent to yours within the same county.

          You also have authority if requested while on duty.

          If you are an off-duty Chicago Police Officer and you witness an armed robbery in Lake County, you are acting as a private citizen making a citizen's arrest and not a peace officer.

          Police Jurisdiction

          Police District Jurisdiction
          Last edited by SeVere; 03-28-2011, 07:48 PM.

          Comment


          • #6
            They actually had a thing in CLEAR from the Law Dept. explaining this , because as others have said, a lot of coppers don't understand it and think that you have full jurisdiction off duty throughout Illinois.

            Comment


            • #7
              To clarify my last response. Certified Illinois police can enforce illinois state statutes within the state regardless of where. Local Ord's however are not state law and when those are enforced they would need to be enforced by police within that municipality. For example,Im not saying that tinley park ofcs routinely enforce state laws in beecher il however if it came down to it this could be done.

              Comment


              • #8
                ...............................................
                For the cops out there: You are an adult. If you want to write someone, write them. If you don't want to write someone, then don't write them.

                "Jeff, you are the best cop on this board"-Anonymous Post

                Comment


                • #9
                  You are given your Police Powers by the Municipality and or County you are sworn in. The State gives you a certification saying you are certified to be a police officer. The certificate is nothing more than a piece of paper. Saying the State gives you any authority would mean if you got fired you could still enforce the law. Yes if you are going to do follow up or serve a warrant you are enforcing your authority over a crime commited in your jurisdiction. You can not run radar outside of your jurisdiction etc. If your agency allows you by SOP to enforce laws off duty on view of a crime so be it, otherwise your powers end at your borders. Also mutual aid agreements and calls for mutual aid, ISPERN or IREACH will cover you. We have some small towns out here who take it upon themselves to go where they should not, it will bite them one day.
                  Last edited by mjw5678; 03-29-2011, 01:24 PM.

                  Comment


                  • #10
                    If you are off duty, and not acting within your jurisdiction (including your POLICE DISTRICT), you are acting as a private citizen making an arrest. From what I've heard the "Police District" was formed as mutual aid, much like Fire Dept's have MABIS, for cases of natural disasters, riots, etc. It pays to know this as your use of force would differ when acting as a citizen .vs a peace officer.

                    http://law.onecle.com/illinois/725ilcs5/107-3.html

                    Comment


                    • #11
                      Not if you are not in your jurisdiction or within the police district ( municipalities that border your municipality) On duty is a different story. While acting within the scope of your duties, you are OK throughout the state. As far as being employed by a private University, I believe the Private University Act gives you authority in the county you work and any other counties that the university has property. State Univ. (I believe) have authority throughout the state.

                      So basically, the situation you descibed was an arrest by a private citizen, unless you or the relative worked for PD's that bordered Chicago.

                      Know the area of your story very well (liquor store on the N/E corner), work there, use to live right there.
                      Last edited by ChiTownDet; 03-29-2011, 03:48 PM.

                      Comment


                      • #12
                        Originally posted by ChiTownDet View Post
                        If you are off duty, and not acting within your jurisdiction (including your POLICE DISTRICT), you are acting as a private citizen making an arrest. From what I've heard the "Police District" was formed as mutual aid, much like Fire Dept's have MABIS, for cases of natural disasters, riots, etc. It pays to know this as your use of force would differ when acting as a citizen .vs a peace officer.

                        http://law.onecle.com/illinois/725ilcs5/107-3.html
                        I agree with you for the most part. However,

                        1. en route to and from official duty, (court, task force meetings, etc.) an officer can exercise his peace officer powers to arrest a suspect for a non-traffic issue or a life-threatening traffic issue (obvious 10-55) anywhere in the state
                        2. On-duty/off-duty is going to be controlled by policy rather than statutorily (a salaried Captain is on-duty 24/7 because he is salaried), so I really don't think that is an issue of did I call 10-41 from my cell right before the shot went off
                        3. The sheriff of county X has the ability to say, everyone from police department Y may exercise county-wide authority for any reason (more south of I-70 departments)

                        Comment


                        • #13
                          Originally posted by EdwardV View Post
                          Hey guys, a thought (maybe a dumb one) popped into my head this past weekend regarding jurisdiction. If a person commits a crime in Evergreen Park for example, but lives in say, Chicago (or vice versa), who has jurisdiction over the case, particularly if detectives need to do further investigations, like speak to neighbors, witnesses, accomplices, other suspects, etc.?

                          I'm guessing the police who cover the area where the crime was committed; but if this is the case, are those police officers - detectives, especially -- allowed to travel out-of-district to the suspect's residence or place of work and speak with any relevant persons near/around there during the course of their investigation? Or do they need permission or assistance from the local police who are responsible for the suspect's or witnesses' area? Furthermore, are the investigating officers allowed to travel via unmarked police car and carry their firearms out-of-district?
                          It is ALWAYS best to inform the watch commander that your are playing in his backyard, not only for courtesy but safety too. The officer from the town were the crime occurred DOES have geographic jurisdiction over the crime. Changing your example to further answer your question. Say the crime occurred in Joliet, IL, which is in Will county. The Evergreen Park officer need not seek permission from JPD to interview anyone involved. However, for the arrest of the suspect, this technically could be done by EPD, taken to WCSO and extradited to Cook County. The same goes for a search warrant. The EPD officer legally need not ask JPD for any type of permission to execute a search warrant out of his jurisdiction is the search has a direct nexus to a crime he is investigating for which he has standing to do so.

                          So to answer your questions.

                          1. EPD has jurisdiction
                          2. EPD can speak to whomever they want in furtherance of their investigation
                          3. Yes, officers (or detectives) are allowed to travel outside of their territorial jurisdiction to further their investigation
                          4. No permission is required no even for a search warrant (but profession courtesy dictates a phone call)
                          5. Yes, unmarked or marked and yes can bear firearms

                          Hope that helps

                          Comment


                          • #14
                            Originally posted by rm6088 View Post
                            On-duty/off-duty is going to be controlled by policy rather than statutorily (a salaried Captain is on-duty 24/7 because he is salaried), so I really don't think that is an issue of did I call 10-41 from my cell right before the shot went off
                            3. The sheriff of county X has the ability to say, everyone from police department Y may exercise county-wide authority for any reason (more south of I-70 departments)
                            As long as he's ON DUTY, and observes the crime being committed in another jurisdiction, he's fine. Then the arrest is being made as a Police Officer. If not, he's acting as a citizen making an arrest. As far as #3, if the Sheriff of a County says that all the P/O's from the PD's in his County are Deputies, they would be fine, also. As far as the law, we only have to notify a Dept. outside of our jurisdiction after an arrest is made. There are a few PD's that I would not inform of my intentions of making an arrest at, but would notify them once we made it.

                            Most of this won't come into play as far as a P/O being arrested for not following the law, but it may have huge civil ramifications down the line.

                            And this would be a worse case scenario, like pulling the trigger on someone. Even if you come out on top, the fun has just begun..
                            Last edited by ChiTownDet; 03-31-2011, 08:58 AM.

                            Comment


                            • #15
                              Code:
                              IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
                              THE PEOPLE OF THE STATE OF ILLINOIS ) vs. ) ) NO. ####-##### ) RD# #-###### DEFENDANT NAME )
                              SUBPOENA-SUBPOOENA DUCES TECUM
                              The People of the State of Illinois to all Peace Officers in the State- GREETING: WE COMMAND THAT YOU SUMMON: WITNESS NAME ADDRESS LINE 1 ADDRESS LINE 2 to appear before the Honorable Judge NAME OF JUDGE on DATE, in Room ###, Circuit Court, 26th Street and California Avenue, Chicago, Illinois at 9:00 AM YOUR FAILURE TO APPEAR IN COURT IN RESPONSE TO THIS SUBPOENA WILL SUBJECT YOU TO PUNISHMENT FOR CONTEMPT OF THIS COURT.
                              (followed by Clerk of the Court signature., oath of service, etc....)

                              In practice, such notices are regularly used as if they themselves constituted summonses, but technically they are directed to Peace Officers and order them to summon. A proper summons is properly labelled as such, and is accompanied by the means to comply with it, including money or guarantee for transportation. Subpoena Duces Tecum literally means "under penalty you shall bring with you".

                              If you get one these, you have to require the person specified to show up in Court with you, regardless of where in the State you are or of whether you're specifically on duty at the time of your encountering him.

                              If you encounter the specified person, and have the physical capability to issue the summons, you have to do so, and if the person gives you reason to believe the summons will not be met with compliance, you should make an arrest, because otherwise, you too could be held to be in contempt of the Court,

                              And of course you definitely wouldn't want that.

                              As an Illinois State Peace Officer, you have the duties and powers of your Office around the clock throughout the State. Your Department may have specific guidelines or regulations restricting your law enforcement activity during off-duty hours or outside of your primary area of jurisdiction; however, these do not supersede your statutory duty and authority.
                              Last edited by Monty Ealerman; 04-02-2011, 01:16 PM.

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 4913 users online. 282 members and 4631 guests.

                              Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

                              Welcome Ad

                              Collapse
                              Working...
                              X