jurisdiction question

What is the name of your state? California

2 weeks ago i got a ticket in Beverly hills, Can LAPD officer issue a ticket for speeding. Both the stop and the speeding was done in beverly hills. I am planing on fighting the ticket on jurisdiction grounds that lapd had no right to pull me over. Is my understandment of law wrong?

[CdwJava]

Originally Posted by ylen13

What is the name of your state? California

2 weeks ago i got a ticket in Beverly hills, Can LAPD officer issue a ticket for speeding. Both the stop and the speeding was done in beverly hills. I am planing on fighting the ticket on jurisdiction grounds that lapd had no right to pull me over. Is my understandment of law wrong?

Your understanding is wrong.

In CA our authority is granted by the state. My jurisdiction extends throughout the state. In fact, while I was working in southern California, I once made a traffic stop on the freeway outside of Sacramento when returning from a memorial service there. I had to call a local officer to issue the citation, but my authority to enforce the law extends throughout the state. (See CA PC 830 - 832)

Additionally, every agency chief executive in the state submits written permission to every other agency in the state granting them permission to enforce the law within their jurisdiction ... and many counties (including L.A. Conty) have compacts with all the agencies in the county further granting full access and enforcement within all member jurisdictions.

So the jurisdiction argument WILL fail.

- Carl

CdwJava your reply is intersting and suprising at the same time. I took administrative of justice class that was tought by former lapd watch commander, he said that only time the officer from another jurisdiction can legally pull me over and arrest me if he absorbes me commiting a felony, i am wanted for fellony or serious mistomeanor. Will check out the section that you posted and i think i should also get in touch with attorney.

thanks for reply.

[CdwJava]

Originally Posted by ylen13

CdwJava your reply is intersting and suprising at the same time. I took administrative of justice class that was tought by former lapd watch commander, he said that only time the officer from another jurisdiction can legally pull me over and arrest me if he absorbes me commiting a felony, i am wanted for fellony or serious mistomeanor. Will check out the section that you posted and i think i should also get in touch with attorney.

thanks for reply.

Maybe he's been off the job for too long ... avery long time. Or, you have an erroneous recollection of the information. It happens.

LAPD absolutely has the right to stop you in Beverly Hills for a violation they observed. If you want to pay for an attorney to tell you that, go right ahead.

Specifically:

830.1. (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 that 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 superior court or
county, any port warden or port police 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
that employs the peace officer or in which the peace officer serves.

(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.

In this case, either PC 830.1(a)(2) or PC 830.1(a)(3) should apply just nicely.

- Carl

thx for posting the copy of the statue. I could be remembering wrong not sure he left lapd in 97 so law could have change since then.

[CdwJava]

Originally Posted by ylen13

thx for posting the copy of the statue. I could be remembering wrong not sure he left lapd in 97 so law could have change since then.

No, it's been around for at LEAST 15 years ... and I believe it has existed for 50 or more.

Strictly speaking, it IS correct that an officer's primary jurisdiction does not extend beyond the political subdivision where he is employed. However, given that all the Chief Executives in CA grant permission for all other CA agencies to enforce the laws in their jurisdiction (in writing)m then 830.1(a)(2) applies. And considering that in the case of a suspect in any offense (including an infraction or misdemeanor), there is a likelihood of his/her escape, then PC 830.1(a)(3) would apply regardless.

- Carl

interseting, not sure why i recal it wrong.I Know for sure that guy did know his stuff he had phd bases on reports that watch commander gets, forgot what they are called. He also was one of few selected to reply to christopher reported that was issued by federal goverment after the 95 beating/riot.

[CdwJava]

Originally Posted by ylen13

interseting, not sure why i recal it wrong.I Know for sure that guy did know his stuff he had phd bases on reports that watch commander gets, forgot what they are called. He also was one of few selected to reply to christopher reported that was issued by federal goverment after the 95 beating/riot.

A "watch commander" is a position that can be held by almost anyone - typically a Lieutenant in L.A. In my previous agency (also in Southern CA) I held the position of watch commander when I was a Senior officer (a corporal). And I regularly hold that now as a sergeant.

I suspect your instructer may have held the rank of Commander or higher - especially if he was responding to the Christopher Commission.

But, this is not an iffy area - the LAPD CAN make traffic stops in Beverly Hills. So I don't know what he might have told you, or what you remember, but this is not an issue that is in question. He may have said that ABSENT these agreements or a crime occuring in an officer's presence, they cannot generally INVESTIGATE crimes that occur outside their jurisdiction, but that is different than a crime witnessed by the officer.

- Carl

thanks for all of the explanation, guess i will just pay the ticket and learn from this.