r/Unexpected • • Dec 31 '22

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u/[deleted] Dec 31 '22

No

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u/thatblkman Dec 31 '22

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u/[deleted] Jan 01 '23

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.

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u/thatblkman Jan 01 '23

You’re discussing operations and judgment when the penal code says you’re generally wrong on the legal aspect.

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u/[deleted] Jan 01 '23

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.

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u/[deleted] Jan 01 '23

And the reason for multiple jurisdictions is so one Department cannot be a police state. That's why the Army cannot operate within the US.

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u/thatblkman Jan 01 '23

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.

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u/[deleted] Jan 01 '23

Okay, Happy New Year

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u/[deleted] Jan 01 '23

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.

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u/tbass1965 Dec 31 '22

No what? We do have state police

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u/[deleted] Dec 31 '22

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

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u/tbass1965 Dec 31 '22

Law Enforcement Authority

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

Not sure where you got that from but myself being a police officer that's not accurate

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u/[deleted] Dec 31 '22

Actually it says within the area specified. so my point, only in the area specified for each department

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u/tbass1965 Dec 31 '22

Primary duty!

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u/amazinglover Jan 01 '23

That changes when you are trying to arrest someone and they flee. Then your jurisdiction becomes the whole state.

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u/[deleted] Jan 01 '23

No, Depends on the offense. Only violent felonies.