Legal Question in Criminal Law in Arkansas

police jurisdictation

I have a friend that was arrested on private property. the arressting police officer was outside city limits. They finally got around to calling in the state police. they held him there for awhile . they even brought in a drug dog without having a reason to do so. my question is is this legal for a a police officer to stop someone outside his jurisdictation on private property?. need a answer as soon as possible. thank you much


Asked on 4/07/98, 12:31 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

It might be legal!

In certain circumstances, it would be legal. One example: If the officer saw your friend committing a crime or believed he saw you friend committing a crime or believed your friend was about to commit a crime in the officer's jurisdiction, he would be able to follow him into the next jurisdiction. He could also follow him and enter onto the property ifthere were exigent circumstances. Exigent circumstances would be equal to "emergency circumstances." If your friend had been seen selling or buying drugs and the officer believed your friend would open the glassene envelopes and let the drugs blow away over the hillto, the officer wouldn't want to wait for some other officer to show up . . . and risk losing the evidence of the crime he believed he saw being committed.

For instance, I had a case where an officer stopped and frisked a man in the parking lot of a private hotel.I argued "private property" . . . and lots of other things . . . but as to the private property, the officer said that there had been lots of cars stolen in that "neighborhood" and that the hotel was in a "high crime area." The court went along with the officer even though there was no evidence except the officer's testimony that those facts were true -- or even evidence that the officer had been summoned by the hotel people. The court simply wanted to convict because the defendant did indeed have drugs (a miniscule joint) on him.

So what can you learn from this: you and your friiend shouls not commit crime or anything that can even remotely be construed as crime. And stay away from drugs! Obviously the officer believed your friend was in some way involved with drugs: hence the drug dogs to sniff out where your friend may have thrown them when he was running from the officer.Yountg man, grow up and fly straight!!

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Answered on 4/18/98, 2:38 am


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