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Thread: Jurisdiction?

  1. Cyanide is offline Junior Member Cyanide is on a distinguished road
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    Jurisdiction?

    The other night my friend was driving myself and my other friend to his house at around midnight. We passed a cop going in the opposite direction. Hey flipped it around and got behind us (running tags, I presume) as we turned onto a new road.

    Anyway, my friend was obeying the traffic laws, so we weren't worried.

    Now, a little way down the road, the cop backed off, but continued to follow us down the two mile road, across a highway, and onto a small road.

    It's a suburban road, but my friend lives on a private drive. Public maintenance ends at this small, one car bridge, and the home-owners take care of it. There are approximately 10 homes in this little neighborhood.

    This bridge is at the end of a short public road, with houses on each side of the road.

    So, my friend turns onto this public street (on top of the street sign is a yellow sign marked no outlet, privet drive). The cop continues to follow.

    Then we get to the bridge. We go across, on to the private drive, and the cop pauses... and then follows. However, after he crosses the bridge, he parks.

    Anyway, we take the road up to his house, and a few minutes later, we see the police car slowly making its way up the street (with the spotlight on).

    About five minutes later, we see the cop drive away. This street is somewhat confusing, so I'm not positive if he was truly *done*, or just got confused and left.


    Does the officer have the right to follow us on private property? Clearly, if my friend had performed an illegal traffic maneuver, he would have pulled us over.

    The only thing I could think of would be that the officer thought we were trying to elude him... but after running the car tags, would it not have told him my friend's address?

    Long story, I apologize, and I know it's not that big of a deal, but it was a rather peculiar situation, and some clarification would definitely be appreciated.
    Last edited by Cyanide; 09-09-09 at 11:19 PM. Reason: Spelling & Grammar

  2. retdetsgt's Avatar
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    If he sees a violation, he can follow onto private property and arrest and/or issue a citation.

    Your friend's car could have possibly matched the description of a vehicle used in a crime, who knows?
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    Quote Originally Posted by Cyanide View Post
    Does the officer have the right to follow us on private property? .
    Yes

    One can only be so Open Minded before all that mind shit spills out, stains and ruins everything.

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    Well, the Cops can DO just about anything they want. Legal? Who really cares:rolleyes: They are the first line of defense, would you rather they stop and check statutes and court rulings BEFORE they react?
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    If police officers weren't allowed to go onto private property it would make their job a bit difficult don't ya think?
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    If he has made no attempt to stop you for a petty crime/misdemeanor by the time that you enter your house, he can no longer follow you, not to be confused with HAS made an attempt to stop you.
    Private drives etc. even in states like Montana with additional 4th Amendement protections, no problem there.

    Think of it from our perspective, with two people in a car, on a backroad that we don't specifically know where we are enough to tell dispatch incase we need backup, we may want to make sure backup is on scene before we do anything. you may be the nicest person in the world, you may have dead bodies and a fully loaded ak-47 in the vehicle with the intent to use it, we have no idea, and being in an unknown situation with questionable ability to get backup if things go south as a cop either scares you at least a little or your not paying attention.


    I was taught in specific curcumstances (heavily wooded areas etc.) if you are by yourself and loose visual contact with an offender, the chase is over, he or she got away, this is an extension of that logic.

    Jurisdiction is a very movie/TV overplayed thing, it's really got to do with where the crime occured, if you comitted a crime 1 foot inside a county line, a deputy sheriff (at least in Montana) has the authority to chase you all over the state if he were so inclined. if you commited a crime and a deputy sheriff got a warrant for your arrest and knew where you were in the state, he can go anywhere inside the state to get you.

    and just so someone who misunderstands this doesn't think they're being slick, if you were to FLEE across state lines while being chased, you just comitted a FEDERAL crime, whatever the hell you did that you were being chased for, just got made way way worse, no one stops chasing, your just that much more F***ed WHEN you get caught.
    Last edited by Big_Montana; 09-09-09 at 11:59 PM.
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  7. Cyanide is offline Junior Member Cyanide is on a distinguished road
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    Well I understand in the case of a warrant, and to everybody who responded stating that they can go back there in case of a violation, I fully comprehend that.

    It's not about a crime being committed though. If it was, wouldn't the officer have pulled us over? I've been pulled over before, and the officer has waited to approach me until backup arrived, but I've never just been followed.

    And if he thought this car was involved in a felony, then wouldn't he have followed us to the house, or got a warrant?

    The odd thing was the way he stopped and waited a few minutes. Perhaps he was trying to get a warrant? Even so, if he couldn't get one, he would have turned around, and if he did, he could have come to the house.

    I was taught in specific circumstances (heavily wooded areas etc.) if you are by yourself and loose visual contact with an offender, the chase is over, he or she got away, this is an extension of that logic.
    I see the point your trying to make, but this road (that he began following us on) is the same road the police station is on (about two miles away from it), so they'd be pretty familiar with it.

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    Maybe you're just paranoid.

    One can only be so Open Minded before all that mind shit spills out, stains and ruins everything.

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    Quote Originally Posted by Cyanide View Post
    Well I understand in the case of a warrant, and to everybody who responded stating that they can go back there in case of a violation, I fully comprehend that.

    It's not about a crime being committed though. If it was, wouldn't the officer have pulled us over? I've been pulled over before, and the officer has waited to approach me until backup arrived, but I've never just been followed.

    And if he thought this car was involved in a felony, then wouldn't he have followed us to the house, or got a warrant?

    The odd thing was the way he stopped and waited a few minutes. Perhaps he was trying to get a warrant? Even so, if he couldn't get one, he would have turned around, and if he did, he could have come to the house.

    I see the point your trying to make, but this road (that he began following us on) is the same road the police station is on (about two miles away from it), so they'd be pretty familiar with it.
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  10. Cyanide is offline Junior Member Cyanide is on a distinguished road
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    Well, I guess I was trying to find a logical answer as to why they were following us, other than they just saw some kids and had nothing else to do. I'm pretty sure they can't just patrol on private property, which is essentially what they were doing.

    It kind of sucks for my friend, his community is very tight-knit, so a police car driving around back there following my friend makes people question what his activities.

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    Quote Originally Posted by Cyanide View Post
    I'm pretty sure they can't just patrol on private property, which is essentially what they were doing.
    And you'd pretty much be wrong.

    Public and private property that's within the boundaries of the city can and will be patrolled by officers. If you're in the county, that'll be up to the Sheriff's Department or county police.

    We go anywhere we want to if a warrant isn't needed.

    If you don't want cops patrolling your neighborhood, go be a hermit somewhere.

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    Quote Originally Posted by Cyanide View Post
    I'm pretty sure they can't just patrol on private property, which is essentially what they were doing.
    Mall parking lots, football stadiums, inside shopping malls, parking lots....all private property, all patrolled by Police. Get over it.
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    If your property lies within my geographical area of employment then yes I can.
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