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November 18, 2017, 12:36:51 am
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Author Topic: Question for the legal folks re territorial jurisdiction  (Read 1565 times)
BKDotCom
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« on: February 22, 2016, 08:09:35 pm »

Co worker went into a rant about how he saw a country sheriff pull someone over "4 miles!" over the county line.. and the limit is 1 mile outside the county.    Sounds hinky to me.

Here's what I could find:
http://www.oklegislature.gov/osstatuestitle.html

Quote
§21-99a.  Authority of peace officers.
A.  Subject to subsections C and D of this section in addition to any other powers vested by law, a peace officer of the State of Oklahoma as used in this section may enforce the criminal laws of this state throughout the territorial bounds of this state, under the following circumstances:
1.  In response to an emergency involving an immediate threat to human life or property;
2.  Upon the prior consent of the head of a state law enforcement agency, the sheriff or the chief of police in whose investigatory or territorial jurisdiction the exercise of the powers occurs;
3.  In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of investigatory or territorial jurisdiction;
4.  In response to the request for assistance by a peace officer with investigatory or territorial jurisdiction; or
5.  While the officer is transporting a prisoner.
B.  While serving as peace officers of the State of Oklahoma and rendering assistance under the circumstances enumerated above, peace officers shall have the same powers and duties as though employed by and shall be deemed to be acting within the scope of authority of the law enforcement agency in whose or under whose investigatory or territorial jurisdiction they are serving.  Salaries, insurance and other benefits shall not be the responsibility of a law enforcement agency that is not the employing agency for the officer.
C.  A municipal peace officer may exercise authority provided by this section only if the officer acts pursuant to policies and procedures adopted by the municipal governing body.
D.  A Bureau of Indian Affairs law enforcement officer or a tribal law enforcement officer of a federally recognized Indian tribe who has been commissioned by the Federal Bureau of Indian Affairs and has been certified by the Council on Law Enforcement Education and Training shall have state police powers to enforce state laws on lands the title to which is held by the United States in trust for the benefit of either a federally recognized American Indian tribe or an enrolled citizen thereof.
...blah blah blah

There's also

Quote
§19-866.4.  Territorial jurisdiction.
The territorial jurisdiction of the municipality as respects administering and enforcing of rules and regulations as in this act provided, shall include all territory located in the municipality, and all other territorial jurisdiction for the purpose of administering and enforcing the rules and regulations as in this act provided shall be exercised by the county.
Added by Laws 1957, p. 129, § 4, emerg. eff. May 31, 1957.

§21-99a.2  seems like a big "asterisk" to me..  where can one find all these prior-consent / agreements between law-enforcement agencies?
would such an agreement state "you can only make an arrest up to 1 mile into my jurisdiction"?
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dbacksfan 2.0
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« Reply #1 on: February 22, 2016, 08:37:23 pm »

I  will just say that while living in Phoenix, there is an inter-agency statute under Arizona law that allowed an officer observing and attempting to stop someone in their jurisdiction can pursue the offender into another city or county jurisdiction as long as the next jurisdiction is notified of the event. In the suburbs of Phoenix they actually have communication between all of the dispatch centers to each other over radio frequencies, and when one city is pursuing into another city Maricopa County Sheriff has jurisdiction and the ability to take over a pursuit through multiple cities , as well as if it is a surrounding county entering into Maricopa county involved in a pursuit. There is no magical don't cross line.
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heironymouspasparagus
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« Reply #2 on: February 23, 2016, 10:40:29 am »



Maybe the co-worker should just consider not speeding anywhere, so he wouldn't have to worry about jurisdictions or who is pulling him over....?

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« Reply #3 on: February 23, 2016, 10:58:44 am »


Maybe the co-worker should just consider not speeding anywhere, so he wouldn't have to worry about jurisdictions or who is pulling him over....?


Just obey the law and you have nothing to worry about?    /insert sweep-under-the-rug emoji/ 

I think the prior consent you highlighted is the key.  Inter-agency agreements like what we have that allows Sand Springs police to do DUI roadblocks well within Tulsa city limits as long as they have a DPS entourage.  Sometimes the blade cuts the other way when cops from one agency blow the whistle on another agency for abuses.
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Breadburner
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« Reply #4 on: February 23, 2016, 11:46:51 am »

Wait till you see the Creek Nation Light-Horse patrol have someone pulled over on Riverside Dr. and tell me what you think.....
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BKDotCom
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« Reply #5 on: February 23, 2016, 12:34:10 pm »

Wait till you see the Creek Nation Light-Horse patrol have someone pulled over on Riverside Dr. and tell me what you think.....

What I think:  There aren't imaginary lines you can cross in order to evade arrest/citation.
When I said "it sounds hinky," I was referring to the junior high myth my coworker subscribes to.  That the sheriff was in violation of some statute or something stating he could only follow/pull-over up to 1 mile over a county line.

I say the burden of proof is on him to find said rule..   Apparently my in ability to find anything to the contrary supports his claim.
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swake
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« Reply #6 on: February 23, 2016, 12:51:31 pm »

Wait till you see the Creek Nation Light-Horse patrol have someone pulled over on Riverside Dr. and tell me what you think.....

They do have an agreement with TPD for that.
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heironymouspasparagus
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« Reply #7 on: February 23, 2016, 04:07:30 pm »

Just obey the law and you have nothing to worry about?    /insert sweep-under-the-rug emoji/ 




Just to be absolutely clear - and I know you understand that I don't really believe one has nothing to worry about.  There is more than ample evidence that doing nothing wrong doesn't relieve worry. 



I do believe in obeying the speed limits in town...highways - well, I drive very safely for the traffic and road conditions at all times!  As evidenced by no speeding tickets (that stood court test) my entire driving career...even though I have driven from Tulsa to Denver in about 5 1/2 hours before (many times) and other trips of similar respective times.  And only one rolling through a stop sign ticket back in the early 80's - that was bogus from a gung-ho city cop who lied - and just so happened to be outside his city limit by 3/4 mile at the time  (Broken Arrow).

The key to not getting speeding tickets is to change lanes relatively slowly and drive a 4 door sedan.  And don't drive a "write-me-a-ticket-red" car!!  Oldsmobile Light Metallic Blue is probably the best at not drawing attention to oneself.


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“When you wage war on the public schools, you're attacking the mortar that holds the community together. You're not a conservative, you're a vandal.”    - Garrison Keillor

Use it up, wear it out, make it do, or do without.

What you do speaks so loud, I cannot hear what you say.
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