HPD84
Member
RL1 said:As long as we are behind a car and see an infraction before they hit the limits, we can follow for however long we feel is needed. I've seen one of our guys go over a mile into the county because he saw a car fail to dim high beams and cross the center line. They went out of the city as he was catching up to them and he then followed and saw them almost stop at a green light, cross the fog line a few times, and weave. Judge said he was good to go.
I totally understand why you're saying these things.rwo978 said:But, the violation was "in" the city limits and the officer made the stop "out" of the city. See, that's fine here, do it a lot, as Farog butts right up against our east border.
The problem I had (went all the way to ND surpreme court) was a DUI stop. Called in by a motorist. Car passed thru my city on the interstate, but I observed a violation outside of the city. However, state law grants us a measly 1.5 miles ex-terratorial (sp) jurisdiction, meaning we still have jurisdiction 1.5 miles outside of the city. So, I follow guy and observe a violation about 1.2 miles outside of the city (I went out later on and measured it myself, but I knew where the 'barrier' was). I knew exactly where I saw the violation, but the prosecutor was never able to present any scientific data as to location and distance in court, kept being objected to. So, without any hard evidence, the case got tossed. Sucked, but you win some, you lose some. From that incident, and time I'm outside of my city jurisdiction, disregarding the 1.5 mile BS, I always get on the channel of the area I'm in and ask whoever if they want me to stop the car or continue to follow. If they ask me to stop, they're basically asking for mutual aid, and their jurisdiction extends to me.
And people wonder why I think DUIs are a PITA... :? :roll:
RolnCode3 said:All of these procedural issues and jurisdiction issues are complete and utter BS. The citizens of your state should be outraged that this 1.5 mile rule exists, or at least that it prevents successful prosecutions where that is the ONLY issue raised. Your State's POST and the cities and counties need to find a better way to deal with jurisdictional boundaries (or create MOU's with surrounding agencies that permit official activity beyond the 1.5mile boundary). There was no legitimate reason that those officers should have that case dropped.