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by srothstein
Mon Jan 23, 2012 11:42 pm
Forum: LEO Contacts & Bloopers
Topic: Houston Police in Sealy
Replies: 24
Views: 5558

Re: Houston Police in Sealy

puma guy wrote:What jurisdiction or authority would Houston have three counties from home?
The legal question is what authority he would have. Jurisdiction is the area he has authority in.

And Texas has some interesting laws on this. A peace officer may arrest anywhere in the state for any crime committed in his presence or view, well almost. Code of Criminal Procedure Article 14.03(g) limits the authority of a some peace officers. The general authority for arrest covers the state like a blanket in Article 14.01. Then along comes 14.03(g) and a sheriff, constable, or D.A. Investigator is limited to the county they are employed in (or counties if the district is multiple counties). A municipal police officer is also limited to the counties that the city is located in. And here is the real kicker - the limit is only for offenses that are class C misdemeanors under Subtitle C of the Transportation Code. That means they cannot make regular traffic stops outside their county. But any other officer - say a school district officer or DPS trooper - may make the traffic stop anywhere in the state.

And, when applied to the case under discussion, it means a Houston officer can make an arrest for a chase anywhere in the state since that is a felony. But the traffic stop can only legally be made in a county that Houston has annexed part of. No interlocal agreements are needed and there is doubt about the legality of any trying to extend authority.

The court case that caused this to be modified last is the Kurtz case. An officer from Plano made a traffic stop and ended up arresting Mathew Kurtz for DWI. But the middle of the street was the border between Plano and Frisco. The court said that the officer was outside of his jurisdiction and could not make the arrest. And to get to that, this is the case that says a traffic stop is an arrest. I strongly recommend people read the actual court ruling on this for themselves.

The history of the authority and jurisdiction question is a long one. There is no definition of an officer's jurisdiction (as it applies to geographical area) in the Penal Code or Code of Criminal Procedure. Back in the 1987 there was a court case (Angel) that said an officer's jurisdiction was the county he was commissioned in. this stood for years. In 1995, article 14.03(g) was added and limited an officer to his jurisdiction - which was still not defined. In 2004, Kurtz was decided as above, so the wording of the law was changed to add the county as an area of authority.

So, I cannot explain a Houston officer stopping a truck in Sealy, but running code to help in a chase is legal.

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