If a CHP officer is out of his jurisdiction, not in pursuit, can they give you a speeding ticket?

Question

My brother got a speeding ticket in my car on a residential road nowhere near a highway. The officer was CHP, and thus I would assume out of his jurisdiction. Can he get out of a ticket on those grounds?

Answer 1

No. CHP has domain over all California roads.

Answer 2

Look at the "name" of the police officer that gave the ticket, it states: California Highway Patrol, that means the officer is a certified Police Officer in the entire state of California! Not just on highways.

Any certified Police Officer has the right to enforce the laws in his jurisdiction, what you need to remember is that the Police Officer was not a "city" or a "county sheriff" so the jurisdiction that the Officer's certification covers is much wider "State". Even when these "other" Officers are not within their own jurisdictions, they are quite often granted the right to assist officers from other neighboring jurisdictions in the enforcement of the law, (such as in high speed pursuits).

Sorry, but your brother will probably have to pay his ticket.

Answer 3

CHP is a state organization whose primary mission is to patrol the states highways and unincorporated areas within the state. CHP is also called upon to assist allied agencies within their respective jurisdiction on an as needed basis as seen currently in Oakland. CHP has no limits to what they can an cannot do as far as enforcing laws are concerned within the state. They are not only limited to the freeways, the officers have completed a strenuous 27 week live in academy addressing all aspects of law preparing them to be able to handle all situations thrown at them on their "average" day. If you dial 911 from a cell phone it goes to the CHP dispatch center that is local to the cell site you call from and the CHP sends the appropriate response, where it be state (CHP), county (Sheriff), or local (city police ex LAPD, SFPD, or SDPD) or even fire response.
Bottom line, if you see a CHP cruiser or motor officer, make sure you obey the law, they can pull you over anywhere or assist you anywhere you need them.

Answer 4

CALIFORNIA highway patrol, right?

You need to first understand the definition of a highway per the California Vehicle Code.

CVC 360. "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

If it was in California, and it was on a publicly maintained way or place, the CHP has jurisdiction.

He can not get out of the ticket on those grounds.

Answer 5

CHP jurisdiction is any public road in the state.

Pay the ticket.

Answer 6

A CHP officer can go anywhere in the state of California.

Answer 7

He should pay the ticket and avoid court costs being added on. Florida does the same thing. FHP actually patrols sideroads and neighborhoods. It is considered part of the State and thats who they work for. If it was a local policeman on a State highway, he could probably get out of it. I have seen that happen.

Answer 8

The key word here is that you assume.... CHP are sworn state law enforcement officers, and they generally have a very clear concept of what they can and cannot do.

Answer 9

Simply put, "jurisdiction" is a matter of etiquette between departments. If your brother was wrong, have him pay the fine, otherwise, invest in a Lawyer if he's right.

Answer 10

a chp can patrol un developed areas it is in their jurisdiction.