Originally posted by KewlDeals
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15 miles from the city... -
Yes they can, even small town cops. The money will go to the court where the offense occurred, not the city.
Think Kenefick, Texas!Comment
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In his own county, yes. If outside the city then he has to write it in the Justice of the Peace precinct that it is in.Originally posted by BRALEYOUTDOORS View Post
There was also a new law passed in 2011 that says (if I read it correctly) that cities that border each other can sign a contract where officers from either city can issue citations in either city. I have never heard of it being done but apparently some cities must have wanted it to push for such a law.Comment
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i would say yes they can although they usually don't.. they are a sworn peace officer in the state of texasComment
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Just pull up beside them and point at your watch like you don't have time to stop.
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But peace officers in the state of Texas do not have traffic authority for the entire state of Texas.Originally posted by stickerpatch59 View PostComment
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Amazing how some are so adamant that they can, and some are so adamant that they cannot.Comment
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Yes sir they sure can.
My fathers 2nd job is Ellis county constable for precinct 3.
He can go anywhere in the state of Texas and still give you a ticket
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The Texas Code of Criminal Procedures (CCP) is generally what gives the authority to enforce and prosecute the laws of Texas. Almost any authorities of officers, investigators, DA's, judges, etc., comes from the Texas CCP.
In Texas a traffic citation is a criminal charge that authorizes an arrest for every traffic violation except speeding and open container. So the power or authority of officers is based on the authority to arrest. Chapter 14 of the Code of Criminal Procedures lists what authorities officers have to arrest "without a warrant". A citation can be issued in lieu of arrest but it is a field release with a "promise to appear" for the criminal charge.
Chapter 14 of the CCP lists what authorities peace officers have in Texas to make arrests without warrants. In a nutshell, that is the authority that is most prevalent in officers and an overwhelming majority of arrests are made without warrant. Officers cannot simply arrest anyone, anywhere and for any crime however and must go by Chapter 14 that shows when arrests can be made without a warrant, including specific sections for officers outside of their jurisdictions.
Generally speaking, a peace officer in Texas can make an arrest for ANY offense that is within his "presence or view". So if the officer witnesses a crime, he can arrest for it. It makes no mention of jurisdiction. That is in section 14.01(b). But as we will later see, there is a specific jurisdiction and authority to make arrests on traffic charges.
What is commonly overlooked in 14.01(a) which give ANYONE the authority to make arrests for for a felony or offense against the "public peace" if the offense is within the presence or view of the person. Basically it is a citizen's arrest and it does not require a person to be a peace officer.
Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or ANY OTHER PERSON, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.
Chapter 14.03(d) is for authority outside of an officer's jurisdiction for non-traffic offenses. It specifically gives authority for arrest for felonies, Penal Code chapters 42 (Disorderly Conduct) and 49 (alcohol such as PI or DWI) or breaches of the peace (which is generally but not limited to Chapter 42 PC) that the officer witnesses. Of course the officer can't bring an offender from Dallas back to Houston (as an example) for booking and if such an arrest outside of the officer's jurisdiction is made, he must immediately turn the offender over to an officer that actually is in that jurisdiction.
Art. 14.03. AUTHORITY OF PEACE OFFICERS.
(d) A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, IF the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace. A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code.
But we are talking about traffic charges and traffic charges are different. For officers outside of their jurisdiction and for minor traffic charges like running a stop sign, speeding, no turn signal, etc., (Title 7 of the Transportation Code), officers do not have such unlimited jurisdiction as with felonies and breaches of the peace. In fact Chapter 14.03 specifically mentions Title 7 of the Transportation Code when outside of an officer's jurisdiction.
In Chapter 14.03 (g)(1) is lists sheriff/deputies, constables/deputies and DA/DA investigators (seen below in 2.12 CCP under (1), (2) and (5)). It shows that they can arrest for any offense in their view OTHER THAN Title 7 of the Transportation Code. Those are the previously described minor traffic offenses. Of course all of those are county officers (Sheriff/Constable/DA) so their jurisdiction ends at their county. So sheriffs, constables and DA's can make any arrests when they see any offense OTHER THAN a minor traffic charge.
(g)(1) A peace officer listed in Subdivision (1), (2), or (5), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, OTHER THAN a violation of Subtitle C, Title 7, Transportation Code.
In (g)(2) is talks about city cops (below in 2.12 CCP (3)). They can make arrests for Title 7 of the Transportation Code outside of their jurisdiction COMMITTED IN THE COUNTY OR COUNTIES IN WHICH THE MUNICIPALITY EMPLOYEES THE OFFICER. My city crosses two county lines so I have traffic jurisdiction under Chapter 14.03(g)(2) of the CCP in two counties. I don't see where Chapter 14 gives me any authority outside of that for those minor traffic violations.
(g)(2) A peace officer listed in Subdivision (3), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits ANY offense within the officer's presence or view, EXCEPT that an officer described in this subdivision who is outside of that officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the offense is committed in the county or counties in which the municipality employing the peace officer is located.
This section of the CCP list who the officers are in (g)(1) and (2).
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers:
(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(4) rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;
Of course there are many other peace officers in Texas but those first five listed are the typical street cops (with #4 being DPS and we know they have statewide jurisdiction). There are also Texas Medical Board officers, park rangers, Dallas County Hospital District officers, airport police, Texas Racing Commission officers and so on with over 30 kinds of "peace officers". They are all state licensed police but you likely won't see a Dallas County Hospital District cop working a beat in downtown Dallas and making family disturbances. Those cops are typically city, sheriff, constables and DA investigators (usually on follow up investigations).
So here is the way that I read the law. All Texas peace officers have arrest authority for any crime that they witness except Title 7 traffic charges even if outside of their jurisdiction OR for felonies, breaches of the peace and specifically chapters 42 and 49 if they have probable cause without the requirement to "witness" the crime. (14.03(a)(1) which I didn't cover).
For the typical beat cop that deals with street crimes every day (officers listed in 1-5) they have the authority for Title 7 traffic charges outside of their jurisdiction but it has to be in their county(s).
When the law specifically lines out jurisdiction on traffic charges (14.03 (g)(1)(2)), I don't see how people can make the claim that there is statewide jurisdiction on those charges. When looking at (g)(1) and it says any offense OTHER THAN Title 7 and (g)(2) that says Title 7 IF COMMITTED IN COUNTY OR COUNTIES, it says to me that there is a limitation. Practically any other criminal charge? Yes, statewide jurisdiction. Those Title 7 traffic charges? Not statewide jurisdiction and only in the county.
I would like to see if anyone reads this chapter differently.Comment
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Complicated issue but the officer could pull them over, detain them, and then call someone from that jurisdiction to write the citation and they could be the witness?Originally posted by tvc184 View PostComment
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That is an interesting supposition and I believe that a citation by the correct jurisdiction officer might be valid if the person agrees to sign it since an officer is generally able to receive information for probable cause from another officer with the burden being on the first officer that witnessed the PC. But what is a guy says that he won't sign? Can the officer with proper jurisdiction make such an arrest?Originally posted by Bowtechlady View Post
There might be two hangups however. First, what authority does an officer outside of his jurisdiction have to stop and detain when he has no authority to arrest?
If I am an officer from Houston and on vacation in Dallas, I can make an arrest if I witness most crimes. But can I have the authority to simply detain and question? If I am again on vacation in Dallas, can I detain a citizen to see if he is committing a crime? If he walks away, is he evading my lawful authority? I don't think that detention for investigative purposes is given to officers outside of their jurisdiction but I am not sure.
Secondly, (g)(2) specifically talks about an officers authority to make an arrest for any offense in his VIEW or PRESENCE for any crime and traffic charges in his county. If he didn't view the violation, does he have arrest authority without it being in his view or presence and can it be obtained from an officer that does not have the authority (one outside of his jurisdiction)?
It seems to me that the "view or presence" is fairly restrictive and doesn't leave a lot of room for interpretation.Comment
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