dui

What is the name of your state?

South Carolina: I was pulled over for speeding outside city limits by city police and was ttaken to jail for dui because he smelled alcohol on my breath . He never read me my rights . The officer was a very rude person . Can anything be done to help in my defense because he never read me my rights and was out of his jurisdiction???? Please help...

Two separate issues....

1) Jurisdiction: How do you know he was out of his jurisdiction?? Was he in his jurisdiction when he first attempted to stop you?? Was he in his jurisdiction when he noticed your violation??

2) Miranda rights: All of us have seen far too many TV lawyer shows. The Miranda rights are only needed when the officer is asking you questions to determine the likelihood of his suspicions. If he has you 'dead to rights', he doesn't have to mirandize you. He also doesn't have to mirandize you to give you a field sobriety (or even a breathalyzer) test. He only has to Mirandize you if he is going to ask you questions that could lead to a determination of your guilt or innocence.

I know for a fact he was out of his jurisdiction when he proceeded to pull me over . I need a good cheap lawyer around Anderson county . Three cars of Pendleton city police officers harassed me for 45 minutes . My 24 year old sister was a witness.

The question isn't jurisdiction where he pulled you over.

My questions were:
How do you know he was out of his jurisdiction?? Was he in his jurisdiction when he first attempted to stop you?? Was he in his jurisdiction when he noticed your violation??

And since you refuse to answer those simple questions, we can't help you. There is what is called the "Hot Pursuit Rule". If an officer witnesses a violation within his jurisdiction, he can pursue and stop a suspect outside of his 'normal' jurisdiction.

The officer was out of his jurisdiction from the begining. I am not aware of any city officer being able to arrest out of city limits is this correct??

crashkelli2001 said:

The officer was out of his jurisdiction from the begining. I am not aware of any city officer being able to arrest out of city limits is this correct??

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police officers do not have to be in their jurisdiction to effect an arrest. not being able to arrest someone outside of our jurisdiction is a myth. if the officer is on duty and sees a crime in progress, he can effect an arrest.

TYRIS

Tyris is correct.... a police officer can certainly make a 'citizens arrest' anywhere he sees a violation.... just like any other person.

PC§ 830.1. Peace Officers: Authority
(a) Any sheriff, undersheriff, or deputy sheriff, employed in that capacity, of a county, any chief of police of a city or chief, director, or chief executive officer of a consolidated municipal public safety agency which performs police functions, any police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city, any chief of police, or police officer of a district (including police officers of the San Diego Unified Port District Harbor Police) authorized by statute to maintain a police department,any marshal or deputy marshal of a municipal court, any port warden or special officer of the Harbor Department of the City of Los Angeles, or any inspector or investigator employed in that capacity in the office of a district attorney, is a peace officer. The authority of these peace officers extends to any place in the state, as follows:
(1) As to any public offense committed or which there is probable cause to believe has been committed within the political subdivision which employs the peace officer.
(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.

Tyris

My response:

Ummm, Tyris . . .

That's California law.

Our writer is from North Carolina. The Carolinas don't have such a law. In the Carolinas, when an officer sees the white line border across the roadway, the officer MUST come to a screeching halt and discontinue such a chase. The officer is allowed, however, to exclaim expletives and shake his fist at the escaping miscreant.

Thought you'd like to know.

IAAL

I AM ALWAYS LIABLE said:

My response:

Ummm, Tyris . . .

That's California law.

Our writer is from North Carolina. The Carolinas don't have such a law. In the Carolinas, when an officer sees the white line border across the roadway, the officer MUST come to a screeching halt and discontinue such a chase. The officer is allowed, however, to exclaim expletives and shake his fist at the escaping miscreant.

Thought you'd like to know.

IAAL

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**A: in addition, the ofiicer can take out his gun and start shooting.

I AM ALWAYS LIABLE said:

My response:
Our writer is from North Carolina. The Carolinas don't have such a law. In the Carolinas, when an officer sees the white line border across the roadway, the officer MUST come to a screeching halt and discontinue such a chase. The officer is allowed, however, to exclaim expletives and shake his fist at the escaping miscreant.

Thought you'd like to know.

IAAL

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With all due respect to IAAL:

Writer is from SOUTH Carolina, not North....

South Carolina Code of Laws:

"SECTION 17-13-40. Law enforcement officer jurisdiction when in pursuit of offender; authority, rights, privileges, and immunities extended. [SC ST SEC 17-13-40]
(A) When the police authorities of a town or city are in pursuit of an offender for a violation of a municipal ordinance or statute of this State committed within the corporate limits, the authorities may arrest the offender, with or without a warrant, at a place within the corporate limits, at a place within the county in which the town or city is located, or at a place within a radius of three miles of the corporate limits.
(B) When the police authorities of a county are in pursuit of an offender for a violation of a county ordinance or statute of this State committed within the county, the authorities may arrest the offender, with or without a warrant, at a place within the county, or at a place within an adjacent county.
(C) When a law enforcement officer's jurisdiction is expanded pursuant to this section, the authority, rights, privileges, and immunities, including coverage under the workers' compensation laws, and tort liability coverage obtained pursuant to the provisions of Chapter 78, Title 15, that are applicable to an officer within the jurisdiction in which he is employed are extended to and include the expanded areas of jurisdiction granted pursuant to this section. "
Source: http://www.lpitr.state.sc.us/code/t17c013.htm

My response:

North, South, what's the difference?

The main point of my response was to let Tyris know that he was citing California law for a State other than California.

The balance of my response was shear Tomfoolery.

But, thanks anyway, Steve.

IAAL

sorry about that IAAL. sometimes i get ahead of myself when answering a post.

TYRIS