Followed out of jurisdiction and ticketed

[Wes1212]

What is the name of your state? IL

A village has incorporated a 1/4 mile stretch of an interstate and a ticket was issued 2 miles out of the jurisdiction of the village without assistance from any other officer.

Can an officer follow a car out of his jurisdiction and issue a ticket without an officer of the other jurisdiction present?

 

[seniorjudge]

Q: Can an officer follow a car out of his jurisdiction and issue a ticket without an officer of the other jurisdiction present?

A: Yes.

 

[racer72]

Someone watched too much Duke of Hazzards as a kid.

 

[Zigner]

Someone watched too much Duke of Hazzards as a kid.

Or, it could have been Porky's...

 

[Orcons]

Can an officer follow a car out of his jurisdiction and issue a ticket without an officer of the other jurisdiction present?

The problem with asking a question like yours is that the answer varies by state. Maybe one of the flip answers you already got applies to IL, maybe not. It is not true that in all states your ticket would be valid. In particular, in MA a LEO can not give a ticket for a violation that occurs outside of his or her jurisdiction (i.e., city or town for local police) but that does you no good since you are not in MA.

If someone knows the answer for IL they should post it, or if one of the previous posters was sure his or her answer was correct for IL they should make that explicit, otherwise simple answers that relate to how things are in your state are not much good (unless your state happens to be IL.)

 

[Orcons]

That's not the question that was asked. The poster asked if he could be cited if the officer followed him outside of the jurisdiction. The answer is: Yes, he can. As long as the violation occurred within the officer's jurisdiction, the location of the traffic stop is irrelevant.

Jurisdictional borders are not some sort of "invisible wall" that police officers can't ever cross under any circumstance.

Well it isn't clear that is what happened. The poster said that he was followed for two miles past the village limits and the reasonable assumption would be that the violation occurred in those two miles.

In any case, your answer still does not apply to MA. Officers have to be in active pursuit of a misdemeanor or a felony (which does not include most simple traffic violations) in MA to pursue across jurisdictional boundaries. In MA, if you blow through the red light on the town border, a cop could be right behind you and not allowed to ticket you.

 

[Zigner]

In any case, your answer still does not apply to MA. Officers have to be in active pursuit of a misdemeanor or a felony (which does not include most simple traffic violations) in MA to pursue across jurisdictional boundaries. In MA, if you blow through the red light on the town border, a cop could be right behind you and not allowed to ticket you.

Ok, I'll bite...post your cite.

 

[Orcons]

That's a good thing to remember if the poster ever drives to MA.

Thanks for sharing.

No need to be snide, just be big enough to admit when you are wrong.

 

[Orcons]

Ok, I'll bite...post your cite.

Commonwealth v. Grise, 398 Mass. 247 (1986)

 

[Hey There]

Back to Square One

10-11-07

I went to the website Traffic Violation Firms.com
To paraphrase:
In order for an officer to issue a valid citation out of his jurisdiction
The violation must occur in the officer's jurisdiction
There has to be an interagency agreement allowing the officer to cite out of his jurisdiction
OR state law must allow police to cite out of their jurisdiction.
It does vary from state to state as Orcons said and the sites I've checked.

Regards, Hey There

 

[Hey There]

Back to Square One

10-11-07

I went to the website Traffic Violation Firms.com
To paraphrase:
In order for an officer to issue a valid citation out of his jurisdiction
The violation must occur in the officer's jurisdiction
There has to be an interagency agreement allowing the officer to cite out of his jurisdiction
OR state law must allow police to cite out of their jurisdiction.
It does vary from state to state as Orcons said and the sites I've checked.

Regards, Hey There

 

[Zigner]

Commonwealth v. Grise, 398 Mass. 247 (1986)

That is a Mass. case referring to a stop made by a VERMONT officer for a violation that he did NOT observe in Vermont.

 

[Orcons]

That is a Mass. case referring to a stop made by a VERMONT officer for a violation that he did NOT observe in Vermont.

No it is not. It is about a stop made by Ludlow officers in Springfield.

It is bad enough I have to explain the law to you, I am not going to debate geography.

Take care, I'm done.

 

[Zigner]

No it is not. It is about a stop made by Ludlow officers in Springfield.

It is bad enough I have to explain the law to you, I am not going to debate geography.

Take care, I'm done.

Yes, you are correct - I was multi-tasking last night and this forum got the lesser amount of attention

I am glad you are down...

Now, the case you are referring to actually refers to involves Ludlow officers who observed the violation in Springfield, not in Ludlow. They made the stop in Springfield, not in Ludlow. That is why it was not allowed.

Now, give me a cite that says that an officer who observes a violation in their own jurisdiction is not allowed to make the stop in another jurisdiction.

Oh, but I forgot, you are done...phew!