Such an officer shall have the same power to arrest and detain such a person outside his or her jurisdiction, subject to the restrictions set forth below, as any authorized officer of the State, district or municipality of that State shall arrest and detain a person who has not been arrested in a new prosecution. Immediate prosecution of an alleged offender by a law enforcement officer, in this situation, the officer can arrest the suspect without a warrant. It may also involve prosecuting an escaped suspect or criminal in a nearby jurisdiction in an emergency, rather than entering another jurisdiction with time to alert law enforcement agencies in that area. For example, if a Montgomery County deputy sheriff pursues a car driven in Baltimore County by a suspected bank robber (where he usually does not have law enforcement authority), the doctrine of a new prosecution allows him to make the arrest. It is also called hot persecution. However, failure by an official to comply with this provision does not necessarily affect the lawfulness of the arrest. Espin v. State, 953 So.2d 781 (Fla. 4th DCA 2007). In Staat v.
Phoenix, 428 So. 2d 262, 265 (Fla. 4th DCA 1982), the court concluded that “[t]he power to arrest after further prosecution presupposes that officers had sufficient legal grounds to detain or detain before leaving their jurisdiction.” (3) In determining whether persecution meets the elements of new persecution, the tribunal shall apply the requirements of the common law definition of new persecution relating to those elements. YES – The officer`s reasonable suspicion that the truck was travelling too fast justified an extraterritorial stop under the new persecution theory. The reasonable suspicion was made while the officer was in his area of responsibility in Hialeah that the driver was speeding. The officer was able to stop the driver based on his acoustic and visual perception. As a result, the officer chased him and lawfully arrested him in Hialeah Gardens. (2) Any duly authorized state, county or municipal arrest officer shall have the power to arrest a person outside his or her jurisdiction if he or she is subjected to further persecution.
The new persecution is also known as immediate pursuit or immediate prosecution and means that police officers have the right to conduct a continuous pursuit outside their own jurisdiction to arrest a suspect. The municipal officer of Hialeah, in his area of responsibility at an intersection, observes the trucks driving in front of him at high speed. He then accelerates at high speed to catch up with the truck. The officer follows the truck and enters Hialeah Gardens. He timed the truck and noticed that the truck driver was driving too fast. The officer stops the truck, orders the driver. The driver eventually gets out. The officer observed a staggering driver, slurred speech, a reddened face, bloodshot, glassy eyes, and the smell of alcohol from his breath.
After the confrontation, the officer stops the driver for assault on the law enforcement officer, DUI, and resists arrest by force. Problems with the legality of the stop can also arise if contraband, including narcotics or firearms, are discovered during a traffic stop. It also includes prosecuting a person who has violated a county or municipality order or Chapter 316 or who has committed a misdemeanor. Pursuant to Section 901.25 of the Laws of Florida, these circumstances may include the prosecution of a person who has committed a felony or is reasonably suspected of having committed a crime, or who has violated a county or municipal order, Chapter 316, or has committed a misdemeanor. Lawyers at Sammis Law Firm fight criminal cases by filing motions challenging the lawfulness of the arrest or detention. Questions about the legality of stopping often arise in cases of impaired driving or other crimes. NO – While the first officer pursued the driver again and therefore had the authority to arrest him, the substitute officer did not. Since the substitute officer was not himself being persecuted again against the driver, he could not invoke the “co-workers” rule as the legal basis for the arrest. YES – The “new prosecution” doctrine may be combined with the “co-worker” rule to allow a second officer to make an arrest or arrest outside the jurisdiction of the first officer if the first officer has raised an issue outside his or her own jurisdiction, even if the second officer has no direct knowledge of a reason for the stop or arrest. This provision applies even if the second official comes from the same jurisdiction as the first; Neither officer needs to be from the area of responsibility in which the arrest is taking place. If your case involves an official acting outside their jurisdiction and then invokes the new persecution doctrine, contact an experienced criminal defense attorney.
It also refers to the Fourth Amendment clause that allows police officers to conduct warrantless searches and arrests while pursuing a fugitive suspect. Re-persecution may also be a person`s right to use reasonable force to recover property that has just been taken. What happens if an officer makes an arrest for a crime that is outside his or her jurisdiction? Under Section 901.25 of the Florida Statutes, an arrest made outside the officer`s jurisdiction may be validated under the concept of reprosecution. It also includes the prosecution of a person suspected of having committed an alleged crime when in fact no crime has actually been committed, if there are reasonable grounds to believe that a crime has been committed. (c) A law enforcement officer may initiate further proceedings against a person who: Re-persecution has been defined as requiring the following: (a) This section applies to a law enforcement officer of a jurisdiction of the State who prosecutes a person again in that State. YES – An off-duty officer had the same power to make an arrest as if he were on duty. The officer was involved in a new prosecution after first observing the driver driving dangerously in his jurisdiction, which likely gave him reason to believe it violated Chapter 316. In addition, the “fellow officer” rule applied to the second officer who responded to the call for assistance from the first officer and could therefore rely on the first officer`s observations of the driver. After receiving the information by radio, the second officer began his new pursuit in his jurisdiction, which ended outside his jurisdiction when he stopped the driver. (1) The term “new persecution” as used in this Act includes a new prosecution under the common law and a prosecution of a person who has committed a crime or who has reasonable grounds to suspect that the person has committed a crime.
(b) (1) A new persecution is persecution that continues without undue delay. A Mangonia Park official observes the trucks for half the length of the vehicle via stop bars at traffic lights, then drives unpredictably. The officer eventually followed the driver to West Palm Beach, with lights and sirens. He stops the driver in West Palm Beach and seconds later, a replacement officer arrives from Mangonia Park. The officer explains to the safety officer why he stopped the driver and smelled alcohol in the driver`s breath. The officer asks the substitute officer to conduct an investigation into impaired driving. The driver refused to perform field sobriety tests at the request of the substitute officer, who then arrested him. Section 901.25(3) of the Florida Statutes requires the following: In order for an officer to prosecute a suspect outside his or her jurisdiction under the New Prosecution Doctrine, certain conditions must be met, including: Disclaimer: These codes may not be the latest version.
Maryland may have more up-to-date or accurate information. We make no warranty as to the accuracy, completeness or suitability of the information contained on this website or the information linked to the government website. Please check the official sources. (2) return the person to the jurisdiction where a court has the appropriate place for the offence committed by the person. The bailiff, together with the arresting officer, shall, without undue delay, bring the arrested person before a trial judge of the district where the arrest was made. The off-duty officer observes people who drive very poorly. The officer followed the vehicle as it passed through several jurisdictions. The officer noticed various traffic violations committed by the driver. The officer radioed for assistance from a duty officer in his department. The second officer in the first officer`s area of responsibility, who did not observe poor driving styles, stopped the driver. The driver was eventually arrested and agreed not to challenge the drunk driving.
City of Lantana officials patrol the town of Hypoloxo (due to an agreement between Lantana and Hypoloxo) and observe that the driver does not stop a single lane. The officer followed the driver to Boynton Beach and approached him. After stopping, the officer observed signs of impairment by the driver and called a Lantana officer for an investigation into impaired driving. Lantana`s second agent arrives, investigates and takes the driver into custody. (1) in the jurisdiction in which the law enforcement officer has the power to arrest, has committed a criminal offence or where it is reasonable to believe that he has committed a criminal offence; or The 2019 training material for Hearing Officers presented each of the following scenarios.
