Can an out-of-state cop pull a carover and search and charge someone?

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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 10 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.


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