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  • Jurisdiction

    I have just read a thread and in it, it said when in another area officers are not counted as police officers, but as members of the public is this true?. If so who is in charge and what happens if you assist in another area, for instance in the uk officers from most forces went to scotland for the G8, but all have full police powers.

  • #2
    I work for a small city agency. I have jurisdiction in the entirety of the county in which I serve, but not outside of it. If an agency outside my county requests assistance, Then upon arrival, I have their same authourity and jurisdiction as long as I am there to assist.

    When 9 / 11 / 01 happened, officers from all over the country responded to assist NYPD and got jurisdiction by proxy. Some officers will also respond to natural disasters and provide assistance to the city or agency struck by the disaster.

    So jurisdiction is conditional. I'm sure it was the same way for the G8, all agencies working together to provide security and protection since one agency would have been insufficient.

    Hope that helps.

    Comment


    • #3
      In Georgia, jurisdictional issues are confusing as well.

      State Troopers have statewide jurisdiction to enforce all state laws.

      County Police have jurisdiction in their counties to enforce state laws and county ordinances.

      County Sheriff's are a Constitutionally defined office. They have statewide jurisdiction and are considered the most powerful law enforcement officers in the state.

      City Police have jurisdiction for local and state laws in their city.


      We have several State Authority police departments in Georgia as well. (MARTA, Stone Mountain Park, Georgia World Congress Center). They all have different jurisdictions defined by state law. MARTA PDs jurisdiction is defined by counties. Stone Mountain Park by park property and an extension out. Georgia World Congress Center - I have no clue.

      We also have school police departments that have campus plus 500 or a 1000 feet depending on how the local jurisdiction interprets it.

      University system of Georgia Police have jurisdiction on all University System schools plus 500 feet.

      However, courts have said police in marked vehicles can enforce traffic laws regardless of jurisdiction.

      Also, it is common practice for County Sheriffs to swear in/deputize local officers. Our department officers are sworn as deputies. Therefore, we now have statewide jurisdiction as a Deputy Sheriff.


      Its all a big mess is all I know to say.
      Last edited by AtlCop; 07-28-2005, 11:31 AM.
      Sign here. Press hard. You are making five copies.

      Comment


      • #4
        In Canada, at least in the province of Ontario, all City police officers are considered police officers anywhere in the province. Obviously, this applies to the provincial police as well. Outside their home province, they would still be considered police officers for federal statutes such as the Criminal Code, but not provincial laws.

        Comment


        • #5
          In California, all peace officers have authority anywhere in the state:

          (1) As to any public offense committed or which there is probable
          cause to believe has been committed within the political subdivision
          that employs the peace officer or in which the peace officer serves.

          (2) Where the peace officer has the prior consent of the chief of
          police or chief, director, or chief executive officer of a
          consolidated municipal public safety agency, or person authorized by
          him or her to give consent, if the place is within a city or of the
          sheriff, or person authorized by him or her to give consent, if the
          place is within a county.

          (3) As to any public offense committed or which there is probable
          cause to believe has been committed in the peace officer's presence,
          and with respect to which there is immediate danger to person or
          property, or of the escape of the perpetrator of the offense.
          Going too far is half the pleasure of not getting anywhere

          Comment


          • #6
            In Alaska, we have state-wide jurisdiction.

            Comment


            • #7
              As a Texas Peace Officer, you are a sworn officer in the entire state and must take police action anywhere you se it happen, on or off. Feds are also Texas Peace Officers when in the state here the CCP of a texas peace officer:

              The following are peace officers:

              (1) sheriffs, their deputies, and those reserve deputies who hold a
              permanent peace officer license issued under Chapter 1701,
              Occupations Code;

              (2) constables, deputy constables, and those reserve deputy
              constables who hold a permanent peace officer license issued under
              Chapter 1701, Occupations Code;

              (3) marshals or police officers of an incorporated city, town, or
              village, and those reserve municipal police officers who hold a
              permanent peace officer license issued under Chapter 1701,
              Occupations Code;

              (4) rangers and officers commissioned by the Public Safety
              Commission and the Director of the Department of Public Safety;

              (5) investigators of the district attorneys', criminal district
              attorneys', and county attorneys' offices;

              (6) law enforcement agents of the Texas Alcoholic Beverage
              Commission;

              (7) each member of an arson investigating unit commissioned by a
              city, a county, or the state;

              (8) officers commissioned under Section 37.081, Education Code, or
              Subchapter E, Chapter 51, Education Code;

              (9) officers commissioned by the General Services Commission;

              (10) law enforcement officers commissioned by the Parks and
              Wildlife Commission;

              (11) airport police officers commissioned by a city with a
              population of more than 1.18 million that operates an airport that
              serves commercial air carriers;

              (12) airport security personnel commissioned as peace officers by
              the governing body of any political subdivision of this state,
              other than a city described by Subdivision (11), that operates an
              airport that serves commercial air carriers;

              (13) municipal park and recreational patrolmen and security
              officers;

              (14) security officers and investigators commissioned as peace
              officers by the comptroller;

              (15) officers commissioned by a water control and improvement
              district under Section 49.216, Water Code;

              (16) officers commissioned by a board of trustees under Chapter 54,
              Transportation Code;

              (17) investigators commissioned by the Texas State Board of Medical
              Examiners;

              (18) officers commissioned by the board of managers of the Dallas
              County Hospital District, the Tarrant County Hospital District, or
              the Bexar County Hospital District under Section 281.057, Health
              and Safety Code;

              (19) county park rangers commissioned under Subchapter E, Chapter
              351, Local Government Code;

              (20) investigators employed by the Texas Racing Commission;

              (21) officers commissioned under Chapter 554, Occupations Code;

              (22) officers commissioned by the governing body of a metropolitan
              rapid transit authority under Section 451.108, Transportation
              Code, or by a regional transportation authority under Section
              452.110, Transportation Code;

              (23) investigators commissioned by the attorney general under
              Section 402.009, Government Code;

              (24) security officers and investigators commissioned as peace
              officers under Chapter 466, Government Code;

              (25) an officer employed by the Texas Department of Health under
              Section 431.2471, Health and Safety Code;

              (26) officers appointed by an appellate court under Subchapter F,
              Chapter 53, Government Code;

              (27) officers commissioned by the state fire marshal under Chapter
              417, Government Code;

              (28) an investigator commissioned by the commissioner of insurance
              under Article 1.10D, Insurance Code;

              (29) apprehension specialists commissioned by the Texas Youth
              Commission as officers under Section 61.0931, Human Resources Code;

              (30) officers appointed by the executive director of the Texas
              Department of Criminal Justice under Section 493.019, Government
              Code;

              (31) investigators commissioned by the Commission on Law
              Enforcement Officer Standards and Education under Section
              1701.160, Occupations Code;

              (32) commission investigators commissioned by the Texas Commission
              on Private Security under Section 1702.061(f), Occupations Code;
              PSE Anderson

              "When in doubt, empty the magazine!"

              "Better to be by judged 12, than carried by 6"

              Comment


              • #8
                Originally posted by jricks
                I work for a small city agency. I have jurisdiction in the entirety of the county in which I serve, but not outside of it. If an agency outside my county requests assistance, Then upon arrival, I have their same authourity and jurisdiction as long as I am there to assist.
                Same here. I work for a City PD, however, have also been sworn in as a County Deputy and have police powers in the entire county.

                Even if I was not Deputized, if a neighboring agency requested assistance, Thier authority is transfered to me while assisting them. Mutual Aid type of thing

                Comment


                • #9
                  Originally posted by EMT
                  As a Texas Peace Officer, you are a sworn officer in the entire state and must take police action anywhere you se it happen, on or off. Feds are also Texas Peace Officers when in the state here the CCP of a texas peace officer:
                  Ummm no. We can make arrests under warrant anywhere in the state, arrests w/o a warrant for felonies, breaches of the peace and reckless driving. As of right now we cannot arrest for traffic offenses committed outside our jurisdictions unless we are Texas DPS, this changes Sept 1, 2005 when we gain jurisdiction in the entire county or counties (if your city is large) we work in.

                  There is no *must* take police action, you have your own discretion to enforce on duty and no real duty to act unless life is in danger off duty. The *only* offense we have to arrest on is a violation of a protective order.

                  Also, the Feds can only enforce felony violations of Texas law - no misdemeanors or traffic laws. The Secret Service gains these powers in September due to the Presidents ranch being in Crawford (was added out of necessity).

                  Comment


                  • #10
                    In VT all officers have state wide jurisdiction for all offenses, criminal and traffic.

                    Comment


                    • #11
                      Originally posted by EMT
                      As a Texas Peace Officer, you are a sworn officer in the entire state and must take police action anywhere you se it happen, on or off.
                      Code of Criminal Procedure chapter 14.03 (d): A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace. A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code.

                      Code of Criminal Procedure chapter 14.03 (g): A peace officer listed in ubdivision (1), (2), (3), (4), or (5), Article 2.12, who is licensed under Chapter 415, Government Code, and is outside of the officer's jurisdiction may arrest ithout a warrant a person who commits any offense within the officer's presence or view, except that an officer who is outside the officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the officer is listed in Subdivision (4), Article 2.12. A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06.

                      Code of Criminal Procedure chapter 6.05: It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of his spouse, to prevent the threatened injury, if within his power; and, in order to do this, he may call in aid any number of citizens in his county. He may take such measures as the person about to be injured might for the prevention of the offense.


                      Not trying to bust your balls here...but I have been called the walking Penal Code...even though it's the CCP I quoted.
                      Last edited by CrymsinSky; 07-29-2005, 11:23 AM.

                      Comment


                      • #12
                        Arizona DPS and Utah Highway Patrol have an agreement where they can enforce laws within 50 miles of the border.

                        Comment


                        • #13
                          Originally posted by County copper
                          I have just read a thread and in it, it said when in another area officers are not counted as police officers, but as members of the public is this true?. If so who is in charge and what happens if you assist in another area, for instance in the uk officers from most forces went to scotland for the G8, but all have full police powers.
                          Just to piggyback on AtlCop's post, when the G8 was here in Georgia last year, cops from all over the state worked at the various venues & installations. Those who didn't already have statewide authority were sworn in as temporary agents of the Georgia Bureau of Investigation (GBI).

                          Comment


                          • #14
                            Originally posted by County copper
                            I have just read a thread and in it, it said when in another area officers are not counted as police officers, but as members of the public is this true?. If so who is in charge and what happens if you assist in another area, for instance in the uk officers from most forces went to scotland for the G8, but all have full police powers.
                            We have three jurisdictions in the UK: England & Wales; Scotland & Northern Ireland. A regular constable has full police powers throughout the jurisdiction for which he is appointed. A constable also normally has limited cross border powers in other UK jurisdictions. However officers providing formal mutual aid such as the English & Welsh officers at the recent G8 summit in Scotland, have full police powers in this case under Scottish law and came under the operational command of the local Chief Constable.


                            Lobster.

                            Comment


                            • #15
                              In Canada, criminal legislation (Criminal Code and various Federal statutes regarding Excise, Customs, Immigration, Migratory Birds and Endangered Species, Drugs) is created by the Federal Government, but for the most part (CC) are administered by the Provinces (like a State, sort of). The Criminal Code defines the role of Peace Officers, which includes all justice and law enforcement officials.

                              Provinces have jurisdiction over driver, vehicle, hunting and fishing licencing, alcohol sales and consumption, and traffic laws, as well as appointing of Judges, Justices of the Peace and Peace Officers, and governing the appointment of Provincial and Municipal Police Services.

                              Municipalities have jurisdiction over animal control, noise, traffic and parking offences.

                              Regular Members of the Royal Canadian Mounted Police are Peace Officers, with the full, or restricted, powers of Excise, Customs and Immigration Officers, for all of Canada. We are the Federal Police Service, acting as Canada's representative to INTERPOL, providing fingerprint-backed Criminal Record storage, national advanced-police administrative and investigative training services to all Canadian and many international Law Enforcement Agencies, VIP protective service for Canadian Federal Government officials and visiting internationally protected government officials while in Canada, and we are the only Police Service in Canada's 3 Arctic Territories.

                              Pursuant to the RCMP Act and contracts between those Provinces and the Federal Government, the RCMP provides Provincial Policing Services (like State Police) under contract to all Provinces, except Ontario and Quebec, which have the Ontario Provincial Police and Surete de Quebec (respectively) as their Provincial Police.

                              All Provinces have legislation that require that Municipalities provide for their own Police Services, either by hiring their own Police Service, or contracting for such services from their Provincial Police. This legislation provides for Peace Officer jurisdiction throughout each Province for members of a Municipal Police Service. This authority grants the officers power under the Criminal Code and most of the Federal drug law, with VERY restricted authority under other Federal Statutes (arrest for outstanding warrants, basically), the majority of Provincial Statutes, and their Municipality's by-laws.

                              I have authority throughout Canada to enforce the Criminal Code, as well as Federal and Provincial legislation, and Municipal By-Laws in Municipalities where my Force provides Municipal Policing Services under contract, while, for example, members of the Weyburn Police Service have jurisdiction throughout Saskatchewan to enforce the Criminal Code, some Federal Statutues and Saskatchewan's Provincial Statutes, as well as Weyburn's By-Laws. I can not enforce or investigate by-laws within the City of Weyburn, nor can a member of WPS enforce by-laws of the surrounding rural areas or towns, but each of our Agencies may execute Arrest Warrants for By-Law offences from each other's jurisdictions.

                              Members of a Municipal PS do NOT have Peace Officer authority outside of the Province in which they are appointed. But, when the G8 conference was held in Alberta, some members of Municipal PS from across the country were seconded to help with security, and were temporarily appointed as Peace Officers for Alberta, to work with RCMP and Canadian Forces personnel.
                              Last edited by PeteBroccolo; 08-02-2005, 03:29 PM.
                              #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                              Proud Dad of #54266 - RCMP - 2007-02-12 to date
                              RCMP Veterans Association - Regina Division member
                              Mounted Police Professional Association of Canada - Associate (Retired) member
                              "Smile" - no!

                              Comment

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