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Jursidctions and citations

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  • Jursidctions and citations

    Hello, Ladies and Gentlemen,

    I've two small questions here:

    1) The first one is location-specific. From what I gather, the LASD enforces court decisions in the LA country and in the LA city alike. If that's correct, my question is whether the sheriffs retain their law enforcement powers in the city (simply put, can they enforce the law outside of enforcing courts' decisions?)

    2) Another one might be location-specific as well, but who knows.

    Maryland has a Uniform Traffic Citation, Uniform Criminal and Uniform Civil Citations. The question is, can local LEOs charge local offences using those forms, or they have to use county-established citation forms for this? These are technicalities I can't find the answer on my own, unfortunately.

    I'm asking this here and not in MD section because I think similar system might exist elsewhere and the more responses I get, the better.

    As always, your time and input is highly appreciated and welcomed.

  • #2
    IN the United States a Sheriff's deputy has jurisdiction in the ENTIRE county ALWAYS


    Uniform Traffic Citations are used pretty much nation wide (each state has it's own form)
    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


    • #3
      I worked for LASD and I can't count the number of arrest I have made in separate cities within LA County.. I worked a patrol station where our huge patrol area was surrounded or adjoined 7 separate cities..It was impossible to not make arrest or issue traffic tickets within one of the cities that was technically not in our patrol district. They were all still in Los Angeles County
      Retired LASD

      Comment


      • #4
        Originally posted by Iowa #1603 View Post
        IN the United States a Sheriff's deputy has jurisdiction in the ENTIRE county ALWAYS

        Uniform Traffic Citations are used pretty much nation wide (each state has it's own form)
        Thank you for the reply!

        This is true even if a town/city has its own PD, like LAPD, correct?
        Regarding the Uniform Citations (not necessarily Traffic), do I understand correctly they're used to charge all offenses, state- and county-level?

        Originally posted by Retired96 View Post
        I worked for LASD and I can't count the number of arrest I have made in separate cities within LA County.. I worked a patrol station where our huge patrol area was surrounded or adjoined 7 separate cities..It was impossible to not make arrest or issue traffic tickets within one of the cities that was technically not in our patrol district. They were all still in Los Angeles County
        Retired96, I see, thanks! On an unrelated note, were you able (as a Deputy) to enforce the town laws (code enforcement I think it's called?) as well?

        Comment


        • #5
          Is there a specific question you’re leading to? In my city, there are two Code Enforcement Offices. One deals specifically with fire related issues (Fire Marshals) and the other deals with things like building permits, tall grass, electrical and plumbing issues and the like.

          Comment


          • #6
            Is there a specific question you’re leading to? In my city, there are two Code Enforcement Offices. One deals specifically with fire related issues (Fire Marshals) and the other deals with things like building permits, tall grass, electrical and plumbing issues and the like.
            Yes, sort of. I described it a bit earlier but it all got taken down during the forum purge I guess. I got the jurisdiction thing, appreciate the replies of everyone! Regarding citations, I noticed that police officers through MD carry MD Uniform Citations Book and a County Citations Book and am trying to understand why do they need a separate county citations book. Or maybe i'm interpreting the term 'citation book' incorrectly.

            Comment


            • #7
              I am currently have problems posting but YES a sheriff's deputy has jurisdiction where the town has it's own PD..& yes a sheriff's deputy CAN enforce city codes and ordinaces.
              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


              • #8
                An international perspective, from Saskatchewan (SK) Canada (top hat for MT & ND).

                Police Officers in SK, whether employed by a Municipal PS, or as a member of the RCMP (what EVERY other PS, and Federal Law Enforcement Agency, IN THE WORLD, aspires to be, but can't!), can only enforce Municipal By-Laws (Mun B-L - non-criminal noise, parking, animal control, property beautification) for the Municipality that they are hired by, but can enforce ALL provisions of the Criminal Code of Canada (CCofC - enacted by the Federal Government, but administered and enforced by the Provinces and Municipalities), SOME sections of certain Federal Statutes (Fed Stats - criminal all illicit drug laws, VERY restricted power under our Immigration, Customs, Trademark, and Tax laws), and almost all Provincial Statues (Prov Stats - non-criminal traffic, liquor, hunting / fishing), anywhere in SK.

                Federal Border Services, and Wildlife, Officers in SK have enforcement powers under the CCofC, and their specific Fed Stats, but NO authority under Prov Stats, or Mun B-L.

                SK Prov Conservation Officers (CO), Traffic Officers (TO), Deputy Sheriffs, and Revenue Officers, have varying degrees of enforcement powers under the CCofC, NO (except for CO, and only wildlife-related) authority under Fed Stats, and FULL authority under Prov Stats, but NO authority under Mun B-L.

                SK Prov Stats authorize MOST Prov Stats and Mun B-L offences to be dealt with by issuance of Summary Offence Tickets (SOT - kind-of like a Uniform or County Citation Book), except for Mun B-L parking offences, which are dealt with by way of hand-written, or hand-held data-input printed, notices.
                #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


                • #9
                  What "local" charges are you interested in? Are you talking county violations? Parking violations? What specifically, because usually local ordinances could fall under criminal charges. However, in some cases, civil citations would be issues for "local" stuff, such as dog off leash, etc.

                  Comment


                  • #10
                    My old sheriff's agency had a system where we contracted with small towns to provide law enforcement in those towns. The towns requested that when "working " in that town on contract hours we use city ordinance codes. A portion of the fines from those charges would then filter back to the town in revenue.. Most state charges had a corresponding city code and it was easy to do in most cases. If the charge was a bigger deal we always used state codes so we made sure the county attorney would be the prosecutor instead of a much "greener" city attorney.
                    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


                    • PeteBroccolo
                      PeteBroccolo commented
                      Editing a comment
                      In Saskatchewan, Provincial Statute fine revenue is payable to the jurisdiction in which the offence occurred, while Federal Statute and Criminal Code fine revenue is payable to the Province.
                      At one of my postings, the philosophy was, if you could see any building in the town, or city, from the traffic stop outside of it, then the revenue was payable to that Municipality, rather than the Province.

                    • C/O G
                      C/O G commented
                      Editing a comment
                      That's exactly how my Sheriff's office is.. We are contracted with the small towns and the City within the county. Not a single Police Department in the County, so we are to do ordinances, too.

                  • #11
                    PeteBroccolo, thank you, it is very interesting. I don't know a thing about Canadian law enforcement except that in '07 the Supreme Court ruled that police has the duty of care towards the suspect...

                    What "local" charges are you interested in? Are you talking county violations? Parking violations? What specifically, because usually local ordinances could fall under criminal charges. However, in some cases, civil citations would be issues for "local" stuff, such as dog off leash, etc.
                    Yes, I'm talking county violations, specifically those that fall under this section: http://library.amlegal.com/nxt/gateway.dll/Maryland/annearundelco_md/article9crimesciviloffensesandfines/title2civiloffensesandfines?f=templates$fn=default .htm$3.0$vid=amlegal:annearundelco_md$anc=0-0-0-1777

                    In other words, I'm trying to understand if you could issue a State Uniform Civil Citation (not a traffic citation!) for a County civil offense.

                    My old sheriff's agency had a system where we contracted with small towns to provide law enforcement in those towns. The towns requested that when "working " in that town on contract hours we use city ordinance codes. A portion of the fines from those charges would then filter back to the town in revenue.. Most state charges had a corresponding city code and it was easy to do in most cases. If the charge was a bigger deal we always used state codes so we made sure the county attorney would be the prosecutor instead of a much "greener" city attorney.
                    This is rather interesting. So a sheriff's agency by default has jurisdiction in all towns in the county, correct? And yet they still contracted your agency to enforce their own codes?

                    Another question, then: if a town did not contract your agency, could you still use their local ordinances to charge someone? I'm asking only from the theoretical standpoint to understand the system, I understand that normally you wouldn't do that.


                    On an unrelated note, I slowly understand why American lawyers are paid that much. It's a tough system to learn.

                    Comment


                    • #12
                      Originally posted by Hagen View Post



                      This is rather interesting. So a sheriff's agency by default has jurisdiction in all towns in the county, correct? And yet they still contracted your agency to enforce their own codes?
                      Yes, . The small towns didn't have police departments so they contract with the SO also they PREFERRED we use the city codes.....that didn't mean it happened

                      Originally posted by Hagen View Post
                      Another question, then: if a town did not contract your agency, could you still use their local ordinances to charge someone? I'm asking only from the theoretical standpoint to understand the system, I understand that normally you wouldn't do that.
                      You could....................

                      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


                      • #13
                        A state uniform traffic citation is just a form that is used throughout that state. Any agency can use the form to cite people for any offense.

                        In California, there was not a uniform citation, but they do have to meet criteria set by tha state judicial council. That leads to citation forms that are pretty similar from agency to agency.
                        Government is not the solution to our problem; government is the problem. - Ronald Reagan

                        I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

                        Comment


                        • #14
                          The link you provided doesn't work. But since it says "civil fines" within the link a civil cite would most likely work.

                          Comment


                          • #15
                            If a deputy is rolling through a town in which that sheriff's department doesn't contract with and said deputy see a crime occur he can and shall stop and investigate. The deputy probably would not use that towns municipal codes simply because he doesn't know them and doesn't want to take the time to look up. But he has the stack of penal codes and others to fall back on. Remember most towns didn't write their own laws. The simply copied from the state and changed a few things and added their reference numbers.
                            I'd rather be judged by 12 rather carried by 6.

                            It should be noted that any and all post that are made are based on my own thought and opinions. And are not related or implied to represent the department I work for.

                            Comment

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