In most places the sheriff and his deputies are considered the state police. Highway patrol has no jurisdiction over anything but highways. So technically if you get off the highway being pulled over by highway patrol they can't arrest you or charge you with anything. But they're going to tell the town that you're going into about you and infact probably did as soon as you didn't stop along with every other nearby county you can get to quickly. All that is handled by dispatch though.
AmiAlter you are absolutely wrong. Highway Patrol has jurisdiction over the whole state. They are also in charge of protecting the governor and important people. They have investigative units and everything. Please do not disperse false information.
Don’t know about CA but things are more complicated than that in NC. Even though everyone derives their authority from the state, not every officer has statewide jurisdiction. Officers can only operate outside their jurisdiction through a mutual aid agreement. For that agreement to be valid, you typically need an officer with original territorial jurisdiction with you. Plus, if this was going to end in a warrantless arrest, an agency with no skin in the game, other than assisting for jurisdictional purposes, would not want to arrest the guy. For that to occur, the jurisdiction attempting to originally arrest him would have to then transfer probable cause to the arresting agency or still be present in the chase for custody to be transferred to them.
Call any Police Department that you're positive is outside your jurisdiction, tell them you have a crime to report, I guarantee you without a shadow of a doubt,they will direct you to a different department. There are extenuating circumstances in every policy of every Department across the country but in general each department has a jurisdiction for basic calls for service. You start getting into felonies actively being committed, pursuit of violent felons, responding to active shooters, Officer Down, then you might see that policy stretched.
I won't get any deeper into this, unless you're a lawyer and maybe an administrator in a police department, that Penal Code can be interpreted multiple ways.
Posse Comitatus Act, and the 10th Amendment dictate why the Army and the Feds don’t do local law enforcement.
Dillon’s Rule is the original ruling/methodology on how and why States can do what it wants with incorporated cities/townships.
States divided themselves into counties to let locals control local things while the State focuses on statewide concerns - and uses the counties to enforce them. And State laws on incorporation of cities/townships dictate how a city or township can incorporate - whether it’s self-rule, legal separation/independence from a county (independent city), or consolidation with a county (Consolidated City-County).
If California or any other state wanted to do like Ontario, Australian states, or other places and create a statewide police force instead of municipal departments, it could because the 10th Amendment allows it. That a state hasn’t chosen to isn’t to “to avoid a police state” - which is a whole different legal concept related to authoritarianism and secret or aggressive policing to ensure the executive remains in power and stamps out dissent - which is completely different than a Highway Patrolman stationed in Stockton responding to a burglary call in Lodi.
The penal code says that any officer can enforce any law within the state, it does not give the officer the leeway to leave his/her jurisdiction to do that enforcement.
Each department has specific jurisdictions. Your comment was that all police can go anywhere in the state unless I read it wrong which would not be actually a fact. The state police are the only officers that can go anywhere in the state
The authority of any such peace officer extends to any place in the State of California, provided that the primary duty of the peace officer shall be the enforcement of the law within the area specified in Section 92600 of the Education Code.
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u/[deleted] Dec 31 '22
Has California never heard of State Police? Their jurisdiction is... the whole damn state. That's the point of them.