Law Enforcement Action out of Jurisdiction

I think the McAteer case plainly illustrates that the courts do not want law enforcement conducting traffic stops outside their appropriate jurisdiction.  The courts have said that municipal officers outside their jurisdictions typically have not more authority than that of a citizen.  (Request for aid and the 3-mile pursuit buffer are ok).  However, if we are no more than citizens, then we have to look at this McAteer quote:

“We hold there is no common law right to make warrantless citizen's arrests of any kind and that such rights as exist are created by statute in South Carolina”

So we have no right to stop that car.

However, if you read S.C. Code §5-7-120 it seems to say that the appropriate law enforcement agency can request your assistance in the stop, and you are granted authority and liability coverage.

(B) When law enforcement officers are sent to another municipality pursuant to this section, the jurisdiction, authority, rights, privileges, and immunities, including coverage under the workmen's compensation laws, and tort liability coverage obtained pursuant to the provisions of Chapter 78 of Title 15, which they have in the sending municipality are extended to and include the area in which like benefits, authorities, and tort liability coverage are or could be afforded to the law enforcement officers of the requesting political subdivision. When so sent they have the same authority to make arrests and to execute criminal process as is vested by law in the law enforcement officers of the requesting political subdivision, but this section does not extend the effect of the laws of the sending political subdivision.

But how do you explain to your boss that 15 cars were broken into last night, but you caught a DUI in the neighboring jurisdiction?

I would argue that no liability exists for failing to stop a suspected drunk driver.  The courts have held that law enforcement has no duty to act in these types of situations.  In 1999, a case involving Aiken Sheriff’s Office received a directed verdict in favor of law enforcement in a duty to act case.  The deputies did not arrest a guy for CDV who later killed his wife.  The courts ruled that no duty to act existed.

In that case, the court quoted from a SC Supreme Court case, Parker v. Brown 195 S.C. 35, 10 S.E.2d 625 (1940):

The law necessarily grants certain discretion to its officers in handling the public business. In one instance it may be wise for a public officer to pursue one course, in another instance, another course. Those charged with protecting the public interest should view that interest as supreme, should consider what is best for the public, and should be free at all times to prosecute the course that appears to be in the public interest. . . . It is well settled that an individual has no right of action against a public officer for breach of a duty owing to the public only, even though such individual be specially injured thereby. Where a duty is owing to the public only, an officer is not liable to an individual who may have been incidentally injured by his failure to perform it.

 

The next thing to worry about is:

S.C. Code §16-3-910 defines the offense of kidnapping as follows:  “Whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law, except when a minor is seized or taken by his parent, is guilty of a felony.  (30 year penalty)

Then if you are in uniform or carry off-duty:

16-23-490 Possession of firearm or knife during commission or attempt to commit violent crime (Five years tacked on)

 

That DUI stop is not worth 35 years of my life.

I would have to say if you are in your municpalities home county then heck yea stop the idiot. I am in a big county where HP and SO are constantly busy and i get dispatched out of my town all the time for suspicous vehicles  or possible intoxicated drivers. Mutual aid agreement. Right? Who said the arresting agency has to charge for DUI. There are plenty of other charges to make. Better to stop them than them killing yours or my family.

Hey Monster, that was a very well though out, very detailed, researched response.

I'll have to research this when I get some time (LOL) but I know I saw a recent bill filed in our State Legislature that would allow an officer out of his jurisdiction to stop somebody who was DUI.  This would clearly answer the question and at also removed the liability for an officer in a department vehicle out of his municipality or county conducting this type of traffic stop.  It probably won't pass because it makes sense. 

Originally posted by FireCop saw a recent bill filed in our State Legislature that would allow an officer out of his jurisdiction to stop somebody who was DUI.