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NFT: Highway Speedtrap question/disagreement

Giantsfan79 : 2/27/2015 11:41 am
I just returned from a business trip with another person in my office. We didn't get pulled over and no ticket so this discussion is academic, but I'm wondering what other's think about this situation.

We were driving on the interstate and just about to cross state lines. There was a highway cop, who looked to be checking speeds with the radar gun. He was maybe a quarter-mile from the state line but he was watching traffic that was just about to cross into the next state. We both thought that it would have been real easy to get across the state line almost before the cop could even have gotten onto the highway to pursue. Here's where my coworker and I disagreed.

He thinks that if the cop tried to pull a car over but that car first crossed the state line that the cop could follow the car into the next state and conduct the stop. He also thought that the cop could radio ahead to the next state and have one of their cops conduct the stop and write a ticket.

I think if you could get over the line into the next state the cop is shit out of luck due to jurisdiction, and no the cops can't radio ahead for speeding.

Again I wasn't speeding so this is an academic discussion, and as additional info there weren't any additional cops that I could see once we crossed the state line.

I don't know about the legality of the jurisdictional question  
Mike from Ohio : 2/27/2015 11:58 am : link
but I am curious as to why you think the cop could not call ahead to the next state and tell him someone was speeding as they approached the state line? Or did you just mean they would not, since it didn't really impact them.

I don't know that this would happen, but if the cops on both sides of the state line had an agreement to do just that, they could probably help each other collect a lot of ticket revenue for people believing crossing the state line gave them some sort of immunity.
Depending on the circumstances...  
Scyber : 2/27/2015 12:04 pm : link
Quote:
Fresh pursuit is pursuit by a law enforcement officer (with or without a warrant) for the purpose of preventing the escape or effecting the arrest of any person who is suspected of committing, or having committed, a misdemeanor or felony. Fresh pursuit implies pursuit without unreasonable delay, but need not be immediate pursuit. It can also refer to chasing a suspect or escaped felon into a neighboring jurisdiction in an emergency, without time to alert law enforcement people in that area.


Depends on the exact law of the states I believe, but most uphold the general principle of Fresh Pursuit.

Note that while a simple speeding ticket is not a misdemeanor, some states considering speeding over a certain amount to be "reckless driving" and is a more serious offense. So it is possible that the officer was waiting for something more egregious then simple speeding.
http://definitions.uslegal.com/f/fresh-pursuit/ - ( New Window )
I say run. Pretty sure my references are good...  
mikeygiants : 2/27/2015 12:13 pm : link
So you believed the fake 'State Line' sign the cops put up?  
Marty in Albany : 2/27/2015 12:17 pm : link
Seriously, I think you have to give the cops credit for knowing the location of the state line and if it is appropriate to give you a speeding ticket at that location.
The states must have an agreement with one another  
bxgiants4 : 2/27/2015 12:18 pm : link
Allowing fresh pursuit

As long as it's immediately following the crime or violation, they can pursue
Don't you hear good boy?  
Jim in Fairfax : 2/27/2015 12:25 pm : link

I'm in high speed pursuit!!


And BTW  
Jim in Fairfax : 2/27/2015 12:27 pm : link

The god damn Germans got nothin' to do with it!!
I live..  
FatMan in Charlotte : 2/27/2015 12:29 pm : link
pretty much near the border of SC and NC. Both sets of law enforcement have the right to stop you on either side of the line due to an agreement with the states. If the speeder originated in either state, it becomes academic where you are actually stopped.
it is based on an agreement between the states...  
only1eli : 2/27/2015 12:44 pm : link
the fresh pursuit (hot pursuit) doctrine doesn't apply here. that doctrine relates to a potential 4th amendment violation when a suspect flees into a place that a law enforcement officer would normally have to get a warrant to enter. based on that exigent circumstance, the pursuing officer gets around the warrant requirement.
I would think you are screwed . . .  
BlueStreak : 2/27/2015 1:07 pm : link
I actually made a traffic complaint at a police station and showed up at court and had someone written a ticket for careless driving and he was convicted. So I am sure if an on-duty officer was the witness it would be a slam dunk.

Background (because I speed with the best of them so the last thing I am looking to do is fill the city's coffers from drivers pockets):
I was driving my 2 year old home at the end of a line of cars. This guy (who could have easily gotten in behind me) pulls onto the road from the intersection on the left and if not for some lucky braking and steering to catch the backend we could've either hit him or ended up off the road. Caught up to him, got a plate and drove to the station to report it.
you  
blue42 : 2/27/2015 10:45 pm : link
are better off making a run for the next state as points are lower...NJ for instance takes 6 point NY State speeding ticket and charges a NJ resident 2 points.
RE: I don't know about the legality of the jurisdictional question  
montanagiant : 2/27/2015 11:26 pm : link
In comment 12155452 Mike from Ohio said:
Quote:
but I am curious as to why you think the cop could not call ahead to the next state and tell him someone was speeding as they approached the state line? Or did you just mean they would not, since it didn't really impact them.

I don't know that this would happen, but if the cops on both sides of the state line had an agreement to do just that, they could probably help each other collect a lot of ticket revenue for people believing crossing the state line gave them some sort of immunity.

That is exactly what would happen.
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