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Arrest Power/jurisdiction

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  • Arrest Power/jurisdiction

    If a police officer from city A or an officer from University Police, Park police or any agency within that state if for whatever reason is outside their jurisdiction sees a crime taking place can he/she conduct a traffic stop or make an arrest? Or how does that work?

    Sorry if this question was asked before. I was not able to find it.

  • #2
    A lot will depend upon what state you are in, as each has different rules as to who can do what and with which and to whom.

    In California, just about all peace officers have arrest authority anywhere in the state with respect to:

    1. Crimes committed within the political subdivision that employs them.

    2. Crimes committed in the officer’s presence, where there is an immediate danger to person or property, or of the escape of the suspect.

    3. If none of those apply, with the prior consent of the local police chief or sheriff .
    Going too far is half the pleasure of not getting anywhere

    Comment


    • #3
      Originally posted by L-1 View Post
      A lot will depend upon what state you are in, as each has different rules as to who can do what and with which and to whom.

      In California, just about all peace officers have arrest authority anywhere in the state with respect to:

      1. Crimes committed within the political subdivision that employs them.

      2. Crimes committed in the officer’s presence, where there is an immediate danger to person or property, or of the escape of the suspect.

      3. If none of those apply, with the prior consent of the local police chief or sheriff .
      Thanks for the reply.

      I always felt that it won’t be appropriate for an officer to sit in a police car and not be allowed to stop a car or conduct an arrest after witnessing a crime just because of jurisdiction....within the same state.

      Comment


      • #4
        Each state is different.
        Now go home and get your shine box!

        Comment


        • #5
          As stated above.............it depends on the state.

          In Iowa an active certified peace officer has statewide jurisdiction. It is RARE that an out of area officer takes any enforcement action outside his/her employment area but legally it is possible. Most follow their training to be a good witness & call in the offense to local authorities.
          Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

          My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

          Comment


          • #6
            In NY, it also depends on the level of offense. For example, you observe a traffic infraction outside of your jurisdiction, you cannot write a ticket. If you observe a crime, you can make a custodial arrest.

            Executing warrants can be confusing also.
            I make my living on Irish welfare.

            Comment


            • Iowa #1603
              Iowa #1603 commented
              Editing a comment
              A warrant in Iowa state s "to any peace officer in the state, you are commanded to forthwith arrest........"

          • #7
            In New Jersey, full-time municipal police officers have full power of arrest anywhere within the state for any crime committed in their presence.

            Does that mean I'll exercise those powers? Usually not. Not my circus, not my monkeys. I'll let the locals handle it unless someone's life is in danger. Or it's a serious crime and there's a risk of the suspect getting away. The only off-duty arrest I made in another municipality was a hit-and-run driver.

            Comment


            • #8
              Originally posted by not.in.MY.town View Post
              In New Jersey, full-time municipal police officers have full power of arrest anywhere within the state for any crime committed in their presence.

              Does that mean I'll exercise those powers? Usually not. Not my circus, not my monkeys. I'll let the locals handle it unless someone's life is in danger. Or it's a serious crime and there's a risk of the suspect getting away. The only off-duty arrest I made in another municipality was a hit-and-run driver.
              ..what about if you are in your marked police car bur driving through a different jurisdiction?

              Comment


              • #9
                Each case is different. What part didn’t you understand? Is this homework..? You keep restating the same question which has been answered.
                Now go home and get your shine box!

                Comment


                • not.in.MY.town
                  not.in.MY.town commented
                  Editing a comment
                  Yeah, I'm starting to think this is either homework...or not a purely hypothetical question.

              • #10
                Originally posted by Mtmn3 View Post

                ..what about if you are in your marked police car bur driving through a different jurisdiction?
                If I was driving a marked police car in a neighboring jurisdiction...

                If I saw a driver in a van roll through a stop sign, I would not stop them.

                If I saw a driver in a van with "FREE CANDY" spray painted on it, roll through a stop sign in front of a kid's playground with kids running around, I'd probably pull him over.

                If I saw a silver Toyota driving too fast, I'd probably ignore it.

                If I saw a silver Toyota with a smashed grill and a flat tire driving too fast, going away from another wrecked vehicle, I'd probably try to pull him over.

                In both cases, I'd also call dispatch and ask for a squad from that area.

                See how things can be detail and circumstance specific?
                You can trust just about every officer you work with to risk their life to save yours, but don't ever leave your lunch in the breakroom refrigerator.

                Comment


                • #11
                  Originally posted by Mtmn3 View Post

                  ..what about if you are in your marked police car bur driving through a different jurisdiction?
                  The answer is still the same. My take-home vehicle is unmarked so the only time I'd be driving a marked vehicle outside my jurisdiction would be while transporting someone to the county jail or possibly going to court. It would have to be an extremely urgent situation for me to take enforcement action while transporting an arrestee. On the way back, it might be a different story...but I'm still not going to worry about small infractions.

                  That being said, I've been flagged down by citizens while traveling through another municipality in a marked vehicle. In those cases I rendered assistance and handed it off to the locals when they arrived on scene.

                  Comment


                  • #12
                    I wouldn’t do a thing. My time is MY time.
                    Now go home and get your shine box!

                    Comment


                    • #13
                      Originally posted by Curt5811 View Post

                      If I was driving a marked police car in a neighboring jurisdiction...

                      If I saw a driver in a van roll through a stop sign, I would not stop them.

                      If I saw a driver in a van with "FREE CANDY" spray painted on it, roll through a stop sign in front of a kid's playground with kids running around, I'd probably pull him over.

                      If I saw a silver Toyota driving too fast, I'd probably ignore it.

                      If I saw a silver Toyota with a smashed grill and a flat tire driving too fast, going away from another wrecked vehicle, I'd probably try to pull him over.

                      In both cases, I'd also call dispatch and ask for a squad from that area.

                      See how things can be detail and circumstance specific?
                      Got it. Thanks for the detailed response.

                      Comment


                      • #14
                        I frequently drive outside my jurisdiction. Most often for transports, but also for follow-ups to investigations or training. Always in a marked vehicle. I ignore most minor infractions I see, sometimes try to give a subtle hint to knock it off, but if it's really bad I'll stop it and can issue a traffic infraction anywhere in the state. Depending on the circumstances I would address a crime in progress or notify the appropriate agency. If we're specifically going to another jurisdiction to take enforcement action we'll give that jurisdiction a courtesy notification. I work in Washington State. Technically we need the permission of the local jurisdiction, but all the department heads got together years ago and gave everyone permission to in effect have statewide authority.
                        "Respect is earned. Honesty is appreciated. Trust is gained. Loyalty is returned."

                        Comment


                        • #15
                          Originally posted by ArmyVet View Post
                          I frequently drive outside my jurisdiction. Most often for transports, but also for follow-ups to investigations or training. Always in a marked vehicle. I ignore most minor infractions I see, sometimes try to give a subtle hint to knock it off, but if it's really bad I'll stop it and can issue a traffic infraction anywhere in the state. Depending on the circumstances I would address a crime in progress or notify the appropriate agency. If we're specifically going to another jurisdiction to take enforcement action we'll give that jurisdiction a courtesy notification. I work in Washington State. Technically we need the permission of the local jurisdiction, but all the department heads got together years ago and gave everyone permission to in effect have statewide authority.
                          Thanks. I appreciate your answer.

                          Comment

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