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Old 06-28-2016, 07:39 AM
 
Location: New Braunfels, TX
6,276 posts, read 9,045,226 times
Reputation: 6380

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Quote:
Originally Posted by NBTX11 View Post
See, this is what people are not getting, and still to this moment do not get.

No one is denying that the OP broke the law. He did. What is being debated is whether it was in the officer's jurisdiction to issue a ticket. If it wasn't, the ticket is invalid...EVEN IF THE DRIVER ACTUALLY BROKE THE LAW. Why is that so hard to understand for people.

Let's say you were driving around in, say, New Braunfels, and a Selma police pulled you over and gave you a speeding ticket. THE TICKET IS INVALID. Therefore, whether you actually broke the law or not is irrelevant, it is invalid and unenforceable. How about if a Selma officer was driving around in Barrow Alaska, pulled someone over, and gave them a ticket. I know a ridiculous scenario, but a valid one, given the scenario. I don't think there is one person on earth that would think the Selma officer has the authority, or that the ticket would be valid, to give to a Barrow driver, EVEN IF HE ACTUALLY BROKE THE LAW. It's not in their jurisdiction, and therefore, invalid.

To me this is a no-brainer dismissal by the judge, provided the driver can actually prove there were lies on the ticket. I've had tickets dismissed and completely wiped out, and the judge will usually listen to reason and in many cases dismiss the ticket right away.
Depending on jurisdictional agreements, he MIGHT be able to write the citation. At very least he can detain and hold me for NBPD.

You need to study the law more - officers have jurisdiction pretty much wherever they are in their home state. In another state, no - because he's not a sworn officer in that state. Now, a purposely misrepresentation of fact on a citation is grounds for dismissal, but not an honest error - although judges will often dismiss because of them. In this instance - if he hadn't been previously cited, they'd likely dismiss if he can show proof of correction, but it's no longer guaranteed, since the judges finally woke up and realized that there were folks out there "gaming" the system to see how long they could save the annual registration/inspection fees.
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Old 06-28-2016, 10:03 AM
 
5,632 posts, read 6,450,230 times
Reputation: 3608
Quote:
Originally Posted by TexasRedneck View Post
Depending on jurisdictional agreements, he MIGHT be able to write the citation. At very least he can detain and hold me for NBPD.

officers have jurisdiction pretty much wherever they are in their home state.
Are you saying city officers can detain someone and write minor traffic related citations wherever they are in Texas?

I understand they have the power to stop a crime anywhere in Texas, especially if someone is getting hurt but we are talking minor traffic violations here.
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Old 06-28-2016, 11:37 AM
 
1,175 posts, read 1,179,454 times
Reputation: 1330
I think he was saying that they can stop, and then call in a local LEO and then attest that they saw said infraction, then local LEO would issue the citation based on the non local LEO's word, and probably affidavit.
I'm not a LEO, or a Lawyer so I don't know if that is true, but it sounds plausible.

I doubt it ever happens except under extreme circumstances though.
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Old 06-28-2016, 03:18 PM
 
Location: New Braunfels, TX
6,276 posts, read 9,045,226 times
Reputation: 6380
Exactly, prim8. That's why I always giggle when I see the "outside jurisdiction" comments. CAN they do it? Yup!! WILL they do it? Not usually, unless it's a pretty significant violation - it's just not worth the hassle.
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Old 06-28-2016, 08:56 PM
 
75 posts, read 51,305 times
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Quote:
Originally Posted by TexasRedneck View Post
Exactly, prim8. That's why I always giggle when I see the "outside jurisdiction" comments. CAN they do it? Yup!! WILL they do it? Not usually, unless it's a pretty significant violation - it's just not worth the hassle.
If this is true, then why are people stating there is a 200 yard agreement between the cities. If what you say, then this 200 yard agreement isn't needed and any officer can pull over anyone anywhere.
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Old 06-28-2016, 09:20 PM
 
Location: New Braunfels, TX
6,276 posts, read 9,045,226 times
Reputation: 6380
Quote:
Originally Posted by NBTX11 View Post
If this is true, then why are people stating there is a 200 yard agreement between the cities. If what you say, then this 200 yard agreement isn't needed and any officer can pull over anyone anywhere.
Again - they CAN do it, but generally won't. In their example, they're formalizing a support agreement, and agreeing that they can cite from their city's jurisdiction, rather than holding for the other city to come and cite.
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Old 06-29-2016, 01:18 AM
 
1,012 posts, read 1,217,501 times
Reputation: 1023
Quote:
Originally Posted by NBTX11 View Post
If this is true, then why are people stating there is a 200 yard agreement between the cities. If what you say, then this 200 yard agreement isn't needed and any officer can pull over anyone anywhere.

Many of those agreements have to do with the jurisdiction of a court, not the officer.

A courts jurisdiction does not extend past its territorial limits (such as a city limit) While in Texas, an officers can, but he would have to file the case/citation in the court that has jurisdiction where the event happened. Lots of political subdivisions and their associated courts have agreements that overlap court jurisdiction a little.

It helps eliminate the absurdity of a cop standing at his city limits and someone standing a foot past that committing a crime and while the cop can take action, now he has to deal with a court he is unfamiliar with. It also helps with issues of jurisdiction, which can actually be a pain in the butt. It happens rather regularly. "what is the exact point of the offence" or two cops from two jurisdictions arguing over if a certain area is in who's jurisdiction. Think of a small hit and run in a parking lot that the city limits runs through.
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Old 07-02-2016, 10:49 PM
 
892 posts, read 1,597,760 times
Reputation: 557
Quote:
Originally Posted by Azure110 View Post
If there is a date and time on the ticket and the patrol car has GPS tracking, then you can prove it.

I agree with txtea on BH cops. I live very close to BH, but not in the city. Any time I drive up and down Fredericksburg in BH territory, I see people getting pulled over and searched both at least 2 times a month if not more. I have been very fortunate not to have to deal with a BH cop in that way, but then I always keep my tags updated.

I am not talking about the times I just see simple traffic violations where person is still in the car and the cop is writing a ticket. I am talking full fledged car searches where all the stuff is taken out with 4-5 cops surrounding the car.
The Target at Crossroads is pretty entertaining sometimes with cops. It even has a car constantly parked there with no one in it(have yet to figure out if it is the security person in Target) The other day they did a dramatic scene with 4 of them pull over someone in parking lot and blocked anyone parked in that area. I was waiting for my daughter to come out so I just watched

A year ago or so my husband came out(Target lol) with my 7 year old son and my daughter and I came out after them as we approached the cops were talking to my husband and as I approach they said a lady was claiming my son was her son and we kidnapped him. I was confused but she said my husband stole him in the toy section and she got scared to do anything so she followed them out and saw the cops and told them. I kind of wanted to laugh thinking this was a joke but then I got really scared and it seemed like I wasn't a factor in this only my husband and I raised my voice and was like "Who is this psychotic woman" the cops even agreed they think she is on something but they need to be sure anyways so we had to show Ids and they wanted to know if we had proof he was ours I started feeling like I wanted to see this lady I couldn't see her she was on other side of one of cop cars, it was evening starting to get dark and I explained what seemed like our whole life story to make them understand this is just crazy. My son started crying as he is already a scared kid who panics easy. Finally they said sorry for disruption and went back to attend to that lunatic lady whom I still never got a glimpse of.
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Old 07-02-2016, 11:00 PM
 
4,649 posts, read 6,487,389 times
Reputation: 5394
ANDY,,ANDY,,ANDY.. Can I write a ticket in Mount Pilot as a deputy from Mayberry?
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Old 07-02-2016, 11:14 PM
 
Location: San Antonio, Texas
4,275 posts, read 6,661,772 times
Reputation: 3910
Quote:
Originally Posted by laina1980 View Post
The Target at Crossroads is pretty entertaining sometimes with cops. It even has a car constantly parked there with no one in it(have yet to figure out if it is the security person in Target) The other day they did a dramatic scene with 4 of them pull over someone in parking lot and blocked anyone parked in that area. I was waiting for my daughter to come out so I just watched

A year ago or so my husband came out(Target lol) with my 7 year old son and my daughter and I came out after them as we approached the cops were talking to my husband and as I approach they said a lady was claiming my son was her son and we kidnapped him. I was confused but she said my husband stole him in the toy section and she got scared to do anything so she followed them out and saw the cops and told them. I kind of wanted to laugh thinking this was a joke but then I got really scared and it seemed like I wasn't a factor in this only my husband and I raised my voice and was like "Who is this psychotic woman" the cops even agreed they think she is on something but they need to be sure anyways so we had to show Ids and they wanted to know if we had proof he was ours I started feeling like I wanted to see this lady I couldn't see her she was on other side of one of cop cars, it was evening starting to get dark and I explained what seemed like our whole life story to make them understand this is just crazy. My son started crying as he is already a scared kid who panics easy. Finally they said sorry for disruption and went back to attend to that lunatic lady whom I still never got a glimpse of.
It should be possible to file charges in insane situations like this. Crap like that shouldn't go unpunished. You put a lot of stress on the parent(s) & most importantly, on the kid. As you can see, the kid in question got scared himself. Laws are there for deterrents....[mod cut: inappropriate] Sickening!

Last edited by elnina; 07-03-2016 at 12:47 AM..
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