Can an out-of-state cop pull a carover and search and charge someone?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an out-of-state cop pull a carover and search and charge someone?
My freind made a U turn in a NC neighborhood . A NC cop followed us to the VA border were he turned on his lights in VA . Does he have the right to search or charge anyone with anything?
Asked on August 24, 2010 under Criminal Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Here is the general rule: a police officer has no more power than a regular citizen when he or she is outside his legal jurisdiction. "Jurisdiction" is an area of authority in which a person has the right to act. In this case it is geographical. I would speak with an attorney in your area about the matter and decide a plan of action should the matter proceed. Do you have witnesses - other than you two - that it happened over the border? Will the police officer state that it happened at the state line and inside Virginia? Probably. So you need to know what your options are here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.