Brother n Law got arrested by sheriff department on a warrant. The cop was from a different county than which he lived in and the cop didn't have a cop from that county is that legal?
2007-07-08 12:03:02 · 15 answers · asked by lil_stroker69 1 in Politics & Government ➔ Law Enforcement & Police
Yes - most counties have extradition/transport agreements with each other, and the deputy may have already cleared it with the local sheriffs.
2007-07-08 12:08:12 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Yes this is 100% legal. As a previous comment stated this is a common misconception of the public that a law enforcement officer has no authority outside of their jurisdiction.
Usually with a warrant from their department an officer can go to another jurisdiction and execute the warrant.
Jurisdiction can extend statewide, to adjacent jurisdictions or within a certain radius of the actual jurisdiction...depending on the state.
Some areas also permit officers to take this a step further. For example if I was an officer in "Blue County" and on my way home to "Yellow County" (as long as it was within my state) I observe a drunk driver or a domestic dispute, or a felony then I would be perfectly within my authority to make an arrest.
In other areas this extends to traffic offenses. You should also be aware that some jurisdictions have contracts or mutual aid agreements with other departments or jurisidctions granting special police powers.
This (again as someone mentioned previously) is why you often hear law enforcement officers refered to as STATE PEACE OFFICERS.
Generally, in most areas if an occurance like your brothers were to happen a courtesy call would be placed to the appropriate agency advising them of the situation and maybe even asking them to meet at the address OR the originating agency could permit the appropriate local agency or ideally the state agency handle it BUT THIS IS NOT REQUIRED.
Even if this was ILLEGAL it' wouldn't affect your brother in law's case because the warrant already says their is probable cause to make an arrest. PC has been established.
If people would spend half as much time on obeying the law as they do on trying to find loopholes we wouldn't as a society have as many problems.
2007-07-09 01:42:34 · answer #2 · answered by kcmwv03 2 · 0⤊ 0⤋
To make it short, yes he can. While the officer does have legal grounds for an arrest it may have been against his departments policy which may or may not result in a reprimand of some sort, unless it was cleared by the sheriff of the county your brother in law resided in.
2007-07-08 19:11:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sure its legal. Especially if its from the same state. Picking up someone on a warrant, especially if its a felony warrant even give some one in a small hick town 400 miles away in the same state, the right to make the arrest.
2007-07-08 20:32:39 · answer #4 · answered by zebj25 6 · 0⤊ 0⤋
This is a common fallacy most people think is true ... a Police Officer of Sheriff's authority is only valid in their city/county. In virtually every state in the United States Police Officers and Sheriff Deputies are described as State Peace Officers, therefore their scope of authority is anywhere in the state (though their focus of jurisdiction is their respective city or county).
I worked for a couple years as a Police Officer in California, and every now and then I would get one of those brilliant geniuses who would wait to pull over until they were out of the city limits, and then tell me "You can't write me a ticket here ...!" Like pulling over 30 feet outside the city limit suddenly means I can't do anything to them anymore ...
If you don't believe me you can look it up ... it doesn't matter if this Sheriff's Deputy was not in his own county. As long as its in the same state he has full authority to enforce the law.
2007-07-08 19:57:32 · answer #5 · answered by blursd2 5 · 1⤊ 0⤋
Completely legal.
Most officers' authority goes statewide. The only thing they might do in a case like that is a courtesy notification to the county they are serving the warrant in. Not required legally, but a good idea in case.
2007-07-08 19:48:31 · answer #6 · answered by Anonymous · 1⤊ 0⤋
A sheriff can arrest you in any county within the state, as long as he or she has a warrant that's valid in that county, and as long as he or she transports you to that county's jail for intake processing.
2007-07-08 19:10:55 · answer #7 · answered by Madre 5 · 0⤊ 0⤋
If you have a warrent from (for example) Chicago and are visiting Los Angeles for a few weeks and you have a warrent that was issued in Chicago and are pulled over for something as simple as a broken tail light... the LA cop will run your infomation, discover you have the Chicago warrent and haul you in. Ever hear of Extradiction?
2007-07-08 19:15:34 · answer #8 · answered by Rosie 3 · 0⤊ 0⤋
If the out of jurisdiction cop has a warrent for your arrest, he will have with him a local officer who will make the actual arrest, and turn the prisoner over once the paperwork is done.
2007-07-09 07:39:14 · answer #9 · answered by WC 7 · 0⤊ 2⤋
Yes. In Washington I have state wide arrest powers.
2007-07-09 02:40:39 · answer #10 · answered by Combatcop 5 · 0⤊ 0⤋