Police out of jurisdiction?

Question

Several years ago, a friend got pulled over by the city police, 4 miles from town, & arrested for DUI. On the ticket, the police officer put down that he had stopped him at a different location; approx. 3 3/4 miles south; towards our town. So, there was confusion, when the next day, I went to get my friends' car, at the location on the ticket, & it wasn't there. I talked to my friend, he told me where he was actually stopped, & I got his car. We thought it was just a mistake. Could it have been, that this police officer was out of his jurisdiction, & he had to write on the ticket a different location, just to be able to justify the traffic stop? If so, is there a way for my friend to get this off of his record, or get it expunged from his record?

Answer 1

If a traffic violation occurred in the city limits and the suspect traveled outside of the city limits. The officer can go as far as they need to, to get the vehicle stoped. On the DUI you were talking about, the officer probably noticed your friend swerving or something and followed him to observe his driving. Your friend brought attention to the officer while he was still in the city limites, therefore the officer can follow him outside of the city limites to make the vehicle stop.

Answer 2

The age of the case will make it hard to prove.

Whether the officer has any authority outside his town or county is a matter of state law. In many states they have no more authority than a citizen when they are not in the town/county where they work. In my state we have full authority anywhere in the state.

But the courts do not. I have the authority to stop you for speeding in a neighboring town but my court doesn't have the authority to hear the case.

I would have to issue you a summons from the court that covers that town. I could not use my own summons book because my court has no jurisdiction beyond the town border.

Answer 3

Is the "Location" the actual place of arrest or just written in as a description of where the officer first made contact. If, in fact, the location of arrest was written wrong (3 3/4 miles south), yes I would have brought that up in court. Four years later, I don't think anything will happen; too little, too late. If you thought something was wrong then, you should have dealt with it then.

While officers do have authority to use their police powers outside of their city/county limits, the actual location may be a problem and therefore an internal department matter on it's own: the officer was not supposed to be out of the city/town limits and did so to satisfy other personal concerns. It's hard to say without knowing all of the information.

Here in Alaska, the cities are small and the officers live all over the place around the borough (county); some may drive almost an hour each way. If an officer sees a traffic offense or crime in progress going to or from work, they still have all the authority their position entails regardless of the location. If an arrest in made at the highway and 5th Avenue, the location on the ticket is "Highway and 5th Avenue", not where ever we first saw the incident, that information would be in the summary of the report.

Answer 4

The ticket is still valid, your friend was still drunk. A Police officer can be out of jurisdiction if he/she witnesses a drunk driver and any other crime.

Answer 5

Several years ago, meaning 3 to 4 years? That's a long time ago. I doubt you could argue this case in court. Lets hope your friend has stopped drinking.

Answer 6

The location that the officer writes on the ticket is the location where he/she witnessed the offense, not the location of the stop.  Jurisdictional lines, in most states, do not apply when witnessing a crime.  This goes for anything from a speeding violation to a felony.  Jurisdiction is most applicable when officers are dispatched to calls.  For example: a city officer would not be dispatched to take a call outside of the city limits unless the county units were busy or the city officer was requested.  I don't think there is a chance for your friend to get this expunged from his record either.  I hope this helps.

Answer 7

Out of jurisdiction?  No such thing.  Peace Officers are licensed by the state, meaning they have full police powers anywhere in that state, 24/7, on-duty or off-duty, in their "jurisdiction" or not.

Answer 8

Oh no, a ticket's violation can be where they first observed the violator commit their violation, or where officer was alerted to the violator (in cases of dui).  You really don't have much of a case there.  Now that jurisdictional thing...  If that were truly the case, then everyone in every small town accross the US would be eluding police and they would be in pursuit all day.  In most places, the cops authority extends throughout the state and if they are in pursuit, even accross state lines...  Sorry