goofy speed question

[uoplax13]

I had a guy at work ask me this one, and am kind of curious too since I live close to the state line with Nevada.... How does it work if as you're pulling someone over they cross into another state? Can the CHP follow someone into Nevada and issue them a citation, or would they have to have NHP come out and do it, etc...?

[WannaBeaChippie]

I had a guy at work ask me this one, and am kind of curious too since I live close to the state line with Nevada.... How does it work if as you're pulling someone over they cross into another state? Can the CHP follow someone into Nevada and issue them a citation, or would they have to have NHP come out and do it, etc...?That's a good question...I never thought of that...:confused::

[chico.medic]

Why would NHP cite them? Assuming the violation occurred in California and in the presence of a California peace officer. If you get cited for speeding @ 123rd St/D St., and your stopped @ 123rd St./G St. the citation still shows the location of the violation not the stop. If you have to flip around and stop someone 250 yard inside of Nevada for a speed violation that occurred inside of California, the violator would still have to come back to a California court. JMHO

[uoplax13]

Why would NHP cite them? Assuming the violation occurred in California and in the presence of a California peace officer. If you get cited for speeding @ 123rd St/D St., and your stopped @ 123rd St./G St. the citation still shows the location of the violation not the stop. If you have to flip around and stop someone 250 yard inside of Nevada for a speed violation that occurred inside of California, the violator would still have to come back to a California court. JMHO

"Why would NHP cite them?" - I'd guess that if the person was speeding as they crossed the state line they'd still be speeding, and that would give NHP a reason to cite (the speed limit on 80 stays at 65 from CA untill you get east of Reno). Maybe my question was a little more directed towards how jurisdiction works between states...i.e. does a CHP Officer have the jurisdiction to cite someone in another state? Is there some kind of arrangment between CA and border states that covers situations like this hypothetical?

[chico.medic]

Why would NHP cite them? Assuming the violation occurred in California and in the presence of a California peace officer. If you get cited for speeding @ 123rd St/D St., and your stopped @ 123rd St./G St. the citation still shows the location of the violation not the stop. If you have to flip around and stop someone 250 yard inside of Nevada for a speed violation that occurred inside of California, the violator would still have to come back to a California court. JMHO

"Why would NHP cite them?" - I'd guess that if the person was speeding as they crossed the state line they'd still be speeding, and that would give NHP a reason to cite (the speed limit on 80 stays at 65 from CA untill you get east of Reno). Maybe my question was a little more directed towards how jurisdiction works between states...i.e. does a CHP Officer have the jurisdiction to cite someone in another state? Is there some kind of arrangment between CA and border states that covers situations like this hypothetical?

I suppose what I was saying was the odds of NHP and CHP having the same target vehicle is pretty nill. If CHP turned on a vehicle and was not able to stop them until just inside another state, they will still, and can still cite them for the violation occurring in California

[23109]

If the violation occurred in California, yes a CHP officer could still cite the offender in Nevada if that's where the stop occurred.

It works the same for counties and such as well.

[Sportbiker]

If the violation occurred in California, yes a CHP officer could still cite the offender in Nevada if that's where the stop occurred.

It works the same for counties and such as well.

you switch counties or states and they dont stop....would you have dispatch contact the local authorities to continue the chase? hmmm wait but you need to stay with them right, since youre the first "on scene" and issue the ticket?

[23109]

If the violation occurred in California, yes a CHP officer could still cite the offender in Nevada if that's where the stop occurred.

It works the same for counties and such as well.

you switch counties or states and they dont stop....would you have dispatch contact the local authorities to continue the chase? hmmm wait but you need to stay with them right, since youre the first "on scene" and issue the ticket?



If they don't stop there's more concern there than a simple citation.

[cal911gal]

Yes, I've seen CHP on stops just inside the Nevada state line before, and vice versa.

[uoplax13]

If the violation occurred in California, yes a CHP officer could still cite the offender in Nevada if that's where the stop occurred.

It works the same for counties and such as well.

I figured as much, thanks.

[ORI# 1976]

Kind of off topic...but I laugh when I see CHP units in the drive thru of In N Out Burger in Lake Havasu, Arizona. 30 Min east of the California border!

[jaybb]

The ability for a peace officer to cite out-of-state is only relatively new. I'm in law school and we read case law about it. I forget the specifics, but about ten years ago a CHP officer detained somebody in Nevada, and even searched the vehicle based on his PC. When it got to court, a judge threw it out, and the offender sued (and settled for a good sum) because the CHP had absolutely no jurisdiction out of state.

Because of that case, and several similar ones, both Nevada and California have adopted "fresh pursuit" statutes. Meaning, if an offender crosses into another state while the officer is attempting to persue the suspect, he is still legally able to stop and cite the offender. He is not, however, permitted to do so if he happens to be across the state line and just happens to see an offense taking place. The same applies for Nevada officers who come into CA. If it is a criminal offense, it is a lot trickier, as the arresting officer has to bring the arestee directly before a magistrate and state his charge.

If there the offender drives into Mexico or Canada it is MUCH harder. Hence the reason that there are many local departments have direct working relationships with the Mexican and Canadian Police.

[G-Man]

The ability for a peace officer to cite out-of-state is only relatively new. I'm in law school and we read case law about it. I forget the specifics, but about ten years ago a CHP officer detained somebody in Nevada, and even searched the vehicle based on his PC. When it got to court, a judge threw it out, and the offender sued (and settled for a good sum) because the CHP had absolutely no jurisdiction out of state.

Because of that case, and several similar ones, both Nevada and California have adopted "fresh persuit" statutes. Meaning, if an offender crosses into another state while the officer is attempting to persue the suspect, he is still legally able to stop and cite the offender. He is not, however, permitted to do so if he happens to be across the state line and just happens to see an offense taking place. The same applies for Nevada officers who come into CA. If it is a criminal offense, it is a lot trickier, as the arresting officer has to bring the arestee directly before a magistrate and state his charge.

If there the offender drives into Mexico or Canada it is MUCH harder. Hence the reason that there are many local departments have direct working relationships with the Mexican and Canadian Police.

If the offense happened in CA and was observed in CA by a CA peace officer, they can take appropriate action. It is not like the cartoons where once you cross the white line on the ground you are safe.

btw... there is no "e" in "pursuit."

[jaybb]

Agreed, what I meant was simply that if you are a CA peace officer and see an offense being committed in Nevada, there's nothing you can really do besides call the NHP.

[bg17067]

Kind of off topic...but I laugh when I see CHP units in the drive thru of In N Out Burger in Lake Havasu, Arizona. 30 Min east of the California border!


They could be the Resident Post Officers for the Parker Dam RP that are authorized to live in Lake Havasu....

[dw]

Agreed, what I meant was simply that if you are a CA peace officer and see an offense being committed in Nevada, there's nothing you can really do besides call the NHP.

Private Person's Arrest.

[jaybb]

Agreed, what I meant was simply that if you are a CA peace officer and see an offense being committed in Nevada, there's nothing you can really do besides call the NHP.

Private Person's Arrest.

For a traffic violation? Not so much.

[retchp]

jaybb wrote:
The ability for a peace officer to cite out-of-state is only relatively new.

Then I guess the Academy was wrong to teach me about it in 1974? CHP have been chasing folks into Nevada, Oregon and Arizona for many many years and vice-versa.

I can cite many examples including a friend of mine who chased a car clear to the McCarran airport in Las Vegas and myself who did a PIT maneuver to end a pursuit outside Medford Oregon. The Medford Police then took my suspect into custody and booked him for me and a few days later I went up and extradited him back to CA.

Of course these examples are different than just stopping somene and citing them in another state. jaybb is correct that there is really not much you can do about it even if you are there on official business, but as DW stated, you could always make a citizen's or private person's arrest.

CHP officers are resourseful however. One thing I often did was to be sure and have my pace in CA just before the Nevada state line. When I put the lights on, many drivers would cross the line thinking "home free". Not so, since the pace happened in CA I wrote the cite based on that, as has been stated above. Now I was in Nevada and had to go all the way to the rest area about ten miles across the border to safely turn around and come back. I could usually just stop in the rest area for a minute or two and pick up a good speed to follow back to CA. Then just across the state line of CA on the return trip there is a sign saying "welcome to California". Since we were now in CA and I had been behind the oblivious driver for several miles including several hundred feet of CA highway, on came the light and another one bites the dust. I always tried to time it so the light came on as they approached that sign.
Amazingly fun then and now that I think about it it gives me a warm glow all over again.

[Chippysgt]

They were teaching the Uniform Act of Fresh Pursuit in 1966 when I went through the academy. At my age I would like to think that is new!! I mean it was only 40 years ago............................:confused:

[Chp4me]

Chippysgt, a little off topic, but I think I saw you in Merced! I should have said hi, sorry!

[Mac]

The ability for a peace officer to cite out-of-state is only relatively new.

Then I guess the Academy was wrong to teach me about it in 1974? CHP have been chasing folks into Nevada, Oregon and Arizona for many many years and vice-versa.

...They were teaching the Uniform Act of Fresh Pursuit in 1966 when I went through the academy. At my age I would like to think that is new!! I mean it was only 40 years ago............................

I seem to remember learning somethin' about that 20-some years ago when I went through the Academy too.





Guess it goes to show that book learnin' don't always match up to real life. :badgrin:

[mrcorporate]

I have a "goofy speed question"...When I was in traffic school, the CHP officer tat ran it, told us, that 4 miles over you will be pulled over and SHOULD be ticketed...7 you are pulled over and you SHALL be ticketed? Is that nessicarily true? or is it just like preference or something...

[Tom]

I have a "goofy speed question"...When I was in traffic school, the CHP officer tat ran it, told us, that 4 miles over you will be pulled over and SHOULD be ticketed...7 you are pulled over and you SHALL be ticketed? Is that nessicarily true? or is it just like preference or something...

I could tell you but then I would have to kill you......Something to that effect is in policy.

[mrcorporate]

I have a "goofy speed question"...When I was in traffic school, the CHP officer tat ran it, told us, that 4 miles over you will be pulled over and SHOULD be ticketed...7 you are pulled over and you SHALL be ticketed? Is that nessicarily true? or is it just like preference or something...

I could tell you but then I would have to kill you......Something to that effect is in policy.


Oh I'm sorry. Don't want to go there then. Besides that, I couldn't handle it if you killed me. Well I don't think I could handle anything for that matter.

[Tom]

I was obviously kidding....but it is in policy.:biggrin:

[5-0]

hmmm, i don't know what law school jaybb goes to but back in 78 we had several pusuits into arizona from blythe and after they tc'd or got rammed by arizona dps we always brought them back to california. what significance is the state line, if a crime is committed in the presence of a peace officer. san diego had a pursuit recently that went into mexico and they brought the looser back to california....jaybb it is not difficult at all, state lines or countries.

[jaybb]

Well, if you are a California Peace Officer, and are IN Mexico or out of state, when you see the violation, this does not constitute "fresh pursuit" and there is no authority to detain the individual, except a PPA. However, if you see a violation in CA and trail that person out of state, then you are in "fresh pursuit" can take whatever means necessary to detain the individual. Perhaps I'm missing something, but that is what was discussed in my crim law class.

There was a case not too long ago where this happened, I can find the case if need be, but a local CA Sheriff's deputy detained somebody out of state for a violation committed out of state. There was PC for a search, found a small amount of cocaine, where he then arrested the person. The trial judge threw out the entire case as the stop/search was illegal.

[rollie pollie]

I had a guy at work ask me this one, and am kind of curious too since I live close to the state line with Nevada.... How does it work if as you're pulling someone over they cross into another state? Can the CHP follow someone into Nevada and issue them a citation, or would they have to have NHP come out and do it, etc...?
eh! jaybbi, read the first post very, very, very slowly....maybe 4 or 5 times over and over and ask yourself, why am i talknig about citing or pulling someone over in a different state. the first post says it all, and i will repeat it, "How does it work if as you're pulling someone over they cross into another state? " nowhere does it say in the post that the violation occured out of state. the case law your are talking about has nothing to do with crossing the state lines, the officer failed to properly articulate his pc to search the veh. thats' why it was thown out. if you can, look it up and post it here.

[RoadDog4Life]

They were teaching the Uniform Act of Fresh Pursuit in 1966 when I went through the academy. At my age I would like to think that is new!! I mean it was only 40 years ago............................:confused:
TRUE!!!! where does jybb get this info about "just recently", is 40 years considered "just recently".
The answer to uoplax13's post is"it works just like any other stop", you contact the driver, inform of the reason, ask for his/her dl/ins/reg go back and write your pink. wala....next!

[Mac]

Well, if you are a California Peace Officer, and are IN Mexico or out of state, when you see the violation, this does not constitute "fresh pursuit" and there is no authority to detain the individual, except a PPA. However, if you see a violation in CA and trail that person out of state, then you are in "fresh pursuit" can take whatever means necessary to detain the individual. Perhaps I'm missing something, but that is what was discussed in my crim law class.
Ask your professor if he is aware of standing reciprocity agreements between California and neighboring states.

Once again - it just goes to show that book learnin' don't always match up to real life.

[5-0]

he can't, i think he is on one of those on-line courses where they mail you a certificate, you know, the one you see advertised on late night tv:lol: just kidding jbb, but seriously, post the FACTS!