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POWER OF ARREST ACROSS JURISDICTIONAL BOUNDARIES

NCJ Number
25268
Journal
Criminal Justice Quarterly Volume: 2 Issue: 2 Dated: (SPRING 1974) Pages: 96-104
Author(s)
W BYER JR
Date Published
1974
Length
9 pages
Annotation
THIS ARTICLE CONCERNS THE POWER OF A POLICE OFFICER TO PURSUE A CRIMINAL OFFENDER, WHO COMMITTED AN OFFENSE IN HIS JURISDICTION, ACROSS JURISDICTIONAL BOUNDARIES.
Abstract

DISTINCTIONS ARE MADE CONCERNING TOWN, COUNTY, AND STATE BOUNDARIES; FELONIES AND TRAFFIC OFFENSES; AND FRESH PURSUIT AND NORMAL CRIMINAL INVESTIGATIONS. NEW JERSEY COURT DECISIONS ARE DISCUSSED AS THEY AFFECT BOUNDARY CROSSINGS IN NEW JERSEY. THE AUTHOR STATES THAT EVEN IF THE POLICE OFFICER IS OUT OF HIS JURISDICTION, IN SOME CIRCUMSTANCES HE CAN EFFECT AN ARREST AS A PRIVATE CITIZEN. THE AUTHOR RECOMMENDS THE ADOPTION OF A RECIPROCAL UNIFORM INTRA-STATE FRESH PURSUIT ACT WHICH WOULD REQUIRE THE ARRESTING OFFICER AND HIS PRISONER TO APPEAR BEFORE A MAGISTRATE IN THE JURISDICTION IN WHICH THE ARREST TOOK PLACE TO DECIDE ON THE PROPRIETY OF THE ARREST.