Crossing jurisdictions in TX

[TX-XD]

Question for the current and former LEs on the board.

Can you describe the circumstances when a TX LE can go outside their
realms to enforce the law?

Example when can an Austin PD officer arrest someone outside of the city limits,
but still in in Travis CO? In Hays county, say Travis deputy, in Hays?

Just curious, nothing outstanding at the present.

Thanks

 

[Texan2]

they can arrest for any criminal offense that occurs in their presence and serve an arrest warrant anywhere in Texas. they can enforce traffic law anywhere in the county in which their city resides.

 

[TX-XD]

So what about non-exigent circumstances such as a traffic stop?

 

[Texan2]

So what about non-exigent circumstances such as a traffic stop?

Read chapter 14 of the Texas Code of Criminal Procedure. Not going to be able to give you accurate info without knowing all of the facts, and rarely are all the facts given on these forums, but warrantless arrests stemming from traffic stops is very common.

 

[robin303]

I have seen the DPS setting up radar traps in Austin streets like on William Cannon Dr. I thought that was odd. I would think it would be more fun to be on I 35.
Wonder what the APD think about that.

 

[Texan2]

I have seen the DPS setting up radar traps in Austin streets like on William Cannon Dr. I thought that was odd. I would think it would be more fun to be on I 35.
Wonder what the APD think about that.

DPS has a unit attached to the Capitol Building that works that area. What is a "radar trap"? Is that where they work radar and if you exceed the speed limit you might get a citation?

 

[txinvestigator]

I wonder what kind of bait APD uses for their traps.

 

[Texan2]

I wonder what kind of bait APD uses for their traps.

hippie paraphernalia...

 

[Charlie]

hippie paraphernalia...

 

[Charlie]

DPS has a unit attached to the Capitol Building that works that area. What is a "radar trap"? Is that where they work radar and if you exceed the speed limit you might get a citation?

I also would like to know what constitutes a "trap". I've heard the term for years but never quite knew what the definition was. The folks that I've heard talking about a "trap" are usually just pissed off 'cause the were speeding and got caught.

 

[willygene]

speed limit signs because nobody thinks they have follow what they say.

 

[Charlie]

Just thought of a situation one might call a "trap". We had a new extension of a Farm-to-Market Rd. put through near here that was up and down hills and it was 45 mph until one section that went by a stadium changed to 30 mph just over a hill. One had to break very hard to slow down going down the other side. Fortunately, the law enforcement around here understood and they didn't stop many people unless they were haulin' butt. And believe it or not, the county changed it from 30 up to 40 (wonders will never cease) once they realized what they'd done.

 

[cuate]

I beat radar and speed traps every time I come across one. All that modern electronics and human planning, hiding so that you are on one before you know it, and
even with Motorcycle Leo down there with the speeder's auto description and License plate number, to grab you. So how I do this ? Drive below the posted speed.
and certainly not above it.

 

[Charlie]

Works every time!

 

[MR Redneck]

So what about non-exigent circumstances such as a traffic stop?

If a city cop pulls you over in the county you can request a deputy Sheriff to show up or a DPS.
City police operate under the licensing of the Sheriff.

 

[Bithabus]

they can arrest for any criminal offense that occurs in their presence and serve an arrest warrant anywhere in Texas. they can enforce traffic law anywhere in the county in which their city resides.

That's not exactly true, and it depends on the type of peace officer. Here's what the CCP says:

Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant:
(1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code (violation of Protective Order), or by Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is not committed in the presence of the peace officer;
(4) persons who the peace officer has probable cause to believe have committed an offense involving family violence;
(5) persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer; or
(6) a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony.
(b) A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), or Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is committed in the presence of the peace officer.
(c) If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.
(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.

(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.
(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.

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;

 

[Randman]

hippie paraphernalia...

LMAO...


Definition: From Urban Dictionary: Speed Trap:
Area of road, usually where speed limit drops, where multiple or one determined cop sit majority of the day busting unsuspecting speeders with radar to get money for the department.

I love that part....Unsuspecting Speeders...LMAO...

Reminds me of when my goofy teenagers tell me that a teacher failed them on a test...Holy Cow...Damn Teacher...LOL

 

[txinvestigator]

That's not exactly true, and it depends on the type of peace officer. Here's what the CCP says:

You cut the list of peace officers short

 

[Y2bad4U]

If a city cop pulls you over in the county you can request a deputy Sheriff to show up or a DPS.
City police operate under the licensing of the Sheriff.

They don't operate under licensing of the sheriff. People call them speed traps because they got caught speeding. To the original poster, why do you ask? Its not a cut and dry answer. Several variables can account for what we can do and where. But anywhere in Texas we can arrest on a warrant and a felony.

 

[Y2bad4U]

You cut the list of peace officers short

Missing about 30 more.