tranquility
Senior Member
I'm from California and not a peace officer and I believe I can make an arrest in Kentucky if a person is driving under the influence in my presence. Sure, I don't get the protections of probable cause, so I better be right, but I can do it.
Now as to the officer, he is not out of his jurisdiction unless he has left the county; even though he was a city officer. If the officer had pulled the OP over across county lines (As this was not an actual pursuit of a fleeing suspect under the law.) any evidence gained should be suppressed.
The key difference between the two scenarios is how the OP was "pulled over". Was it a car honking to have him pull over, or was there some color of authority claim thus forcing the following of the jurisdictional issue? If color of authority, then the next question would be if they were in the county of the city. If so, no problem. If not, problem.
Now as to the officer, he is not out of his jurisdiction unless he has left the county; even though he was a city officer. If the officer had pulled the OP over across county lines (As this was not an actual pursuit of a fleeing suspect under the law.) any evidence gained should be suppressed.
The key difference between the two scenarios is how the OP was "pulled over". Was it a car honking to have him pull over, or was there some color of authority claim thus forcing the following of the jurisdictional issue? If color of authority, then the next question would be if they were in the county of the city. If so, no problem. If not, problem.