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  #1  
Old 06-08-2012, 8:50 AM
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Default Does CHP have juristiction in Nevada?

I am really bored today so what the heck.

Last time on my way to Vegas I got off at state line to gas up and there were two CHP suvs that looked to be stopping for lunch after checking the little lotto store. SO my question is if that lotto store was robbed could the Chippies chase and arrest the badguy in Nevada or do they have to stop at the border.

And if they were ever filling up and the gas station gets robbed can they do anything other then hold them since its another state?
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Old 06-08-2012, 8:52 AM
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Uh, You saw two CHP officers in front of a lotto store in California and you want to know if they have jurisdiction there? You do realize that you stopped at stateline and the lotto shop is in Ca, don't you? That said, In Northshore Tahoe, I've seen NV officers back up Ca officers and visa versa.
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Last edited by CSACANNONEER; 06-08-2012 at 9:24 AM..
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  #3  
Old 06-08-2012, 9:22 AM
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I know what I said, again bored. Just curious in a situation like that can CA officers effect and arrest for a CA crime in NV without NV officers present. Like would it be an illegal extradition, or an illegal arrest since it was not by an NV officer.

I am just hoping one of our resident retired guys is bored enough to answer. I can only read so much OT afterall.
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Old 06-08-2012, 9:26 AM
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Quote:
Originally Posted by crackerman View Post
I know what I said,
And I misread you original post. Sorry.
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Old 06-08-2012, 9:57 AM
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Below is a direct cut and paste from the California Penal Code. Nevada, Oregon and Arizona have similar wording in their appropriate codes.


830.39. (a) Any regularly employed law enforcement officer of the
Oregon State Police, the Nevada Department of Motor Vehicles and
Public Safety, or the Arizona Department of Public Safety is a peace
officer in this state if all of the following conditions are met:
(1) The officer is providing, or attempting to provide, law
enforcement services within this state on the state or county
highways and areas immediately adjacent thereto, within a distance of
up to 50 statute miles of the contiguous border of this state and
the state employing the officer.
(2) The officer is providing, or attempting to provide, law
enforcement services pursuant to either of the following:
(A) In response to a request for services initiated by a member of
the California Highway Patrol.
(B) In response to a reasonable belief that emergency law
enforcement services are necessary for the preservation of life, and
a request for services by a member of the Department of the
California Highway Patrol is impractical to obtain under the
circumstances. In those situations, the officer shall obtain
authorization as soon as practical.
(3) The officer is providing, or attempting to provide, law
enforcement services for the purpose of assisting a member of the
California Highway Patrol to provide emergency service in response to
misdemeanor or felony criminal activity, pursuant to the authority
of a peace officer as provided in subdivision (a) of Section 830.2,
or, in the event of highway-related traffic accidents, emergency
incidents or other similar public safety problems, whether or not a
member of the California Highway Patrol is present at the scene of
the event. Nothing in this section shall be construed to confer upon
the officer the authority to enforce traffic or motor vehicle
infractions.
(4) An agreement pursuant to Section 2403.5 of the Vehicle Code is
in effect between the Department of the California Highway Patrol
and the agency of the adjoining state employing the officer, the
officer acts in accordance with that agreement, and the agreement
specifies that the officer and employing agency of the adjoining
state shall be subject to the same civil immunities and liabilities
as a peace officer and his or her employing agency in this state.
(5) The officer receives no separate compensation from this state
for providing law enforcement services within this state.
(6) The adjoining state employing the officer confers similar
rights and authority upon a member of the California Highway Patrol
who renders assistance within that state.
(b) Whenever, pursuant to Nevada law, a Nevada correctional
officer is working or supervising Nevada inmates who are performing
conservation-related projects or fire suppression duties within
California, the correctional officer may maintain custody of the
inmates in California, and retake any inmate who should escape in
California, to the same extent as if the correctional officer were a
peace officer in this state and the inmate had been committed to his
or her custody in proceedings under California law.
(c) Notwithstanding any other provision of law, any person who is
acting as a peace officer in this state in the manner described in
this section shall be deemed to have met the requirements of Section
1031 of the Government Code and the selection and training standards
of the Commission on Peace Officer Standards and Training if the
officer has completed the basic training required for peace officers
in his or her state.
(d) In no case shall a peace officer of an adjoining state be
authorized to provide services within a California jurisdiction
during any period in which the regular law enforcement agency of the
jurisdiction is involved in a labor dispute.

Last edited by 003; 06-08-2012 at 10:14 AM..
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  #6  
Old 06-08-2012, 10:06 AM
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Thanks 003, no way in hell I would have ever found that. It looks like (6) basically says out of staties have all those protections if we get the same in their state. I assume NV has something similar to our code.

Add that as item number 123,323,324 to the list of things I really never want to test out firsthand.
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Old 06-08-2012, 10:43 AM
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Quote:
Originally Posted by crackerman View Post
Thanks 003, no way in hell I would have ever found that. It looks like (6) basically says out of staties have all those protections if we get the same in their state. I assume NV has something similar to our code.

Add that as item number 123,323,324 to the list of things I really never want to test out firsthand.
From 003's comment before the code secrtion:


Quote:
Below is a direct cut and paste from the California Penal Code. Nevada, Oregon and Arizona have similar wording in their appropriate codes
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Old 06-08-2012, 11:53 AM
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The idea is that the border areas of all 3 states have a LOT of territory that is the middle of nowhere. This allows officers of each state to back each other up and protect the public when they are the closes available LE, without forcing a delay while an officer from that state is called from farther away.

Even IF the CHP officer is outside that fifty mile limit, in most states any private individual can act to detain criminals and protect life. An off-duty CHP officer driving thru BFE, Nevada and finding himself in the midst of an armed robbery could act the same as any other individual in the same circumstances could.
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Old 06-08-2012, 8:56 PM
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Quote:
Originally Posted by tanksoldier View Post
The idea is that the border areas of all 3 states have a LOT of territory that is the middle of nowhere. This allows officers of each state to back each other up and protect the public when they are the closes available LE, without forcing a delay while an officer from that state is called from farther away.

Even IF the CHP officer is outside that fifty mile limit, in most states any private individual can act to detain criminals and protect life. An off-duty CHP officer driving thru BFE, Nevada and finding himself in the midst of an armed robbery could act the same as any other individual in the same circumstances could.
Not only that, you can go past the 50 miles IF the requesting agency makes a formal request. "Can you assist" or, "are you asking for my assistance?" with a "yes" response.
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Old 06-08-2012, 9:56 PM
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Yes and Yes
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  #11  
Old 06-09-2012, 4:27 PM
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How things have changed,, I remember as a kid the local PD had to get permission from the chief to cross into the next town to render assistance,,,,,
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Old 06-09-2012, 4:35 PM
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It's not like the old movies where you just have to get to the border and you are free.
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Old 06-09-2012, 5:55 PM
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this post reminds me of all the old "Smokey and The Bandit" movies where evertime Jackie Gleasons character was questioned about his jurisdiction, crossing from one state to the next, he would bellow out "we are in HOT PURSUIT"...lol...just reminded me
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Old 06-10-2012, 9:10 PM
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Quote:
Originally Posted by me109g4 View Post
How things have changed,, I remember as a kid the local PD had to get permission from the chief to cross into the next town to render assistance,,,,,
That was a local requirement by the city. I use to see that a lot by small P.D.s. Not so much anymore.
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Old 06-11-2012, 5:36 PM
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Quote:
Originally Posted by Baconator View Post
It's not like the old movies where you just have to get to the border and you are free.
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Old 06-17-2012, 12:44 PM
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Quote:
Originally Posted by crackerman View Post
I am really bored today so what the heck.

Last time on my way to Vegas I got off at state line to gas up and there were two CHP suvs that looked to be stopping for lunch after checking the little lotto store. SO my question is if that lotto store was robbed could the Chippies chase and arrest the badguy in Nevada or do they have to stop at the border.

And if they were ever filling up and the gas station gets robbed can they do anything other then hold them since its another state?
Well if you commit a felony then whether they are on or off duty, federal, state or local they are going to stop the criminal.

They aren't going to stop at some magical state line. They will call and inform the other state long before they get close and the current state will take the lead.

The only magical line anyone is stopping at is the international border so your only escape is the Mexican jail.
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