TexasNative wrote:
I had a somewhat similar experience many years ago, and as a LEO friend explained it to me later, what one cop knows, every cop knows, so even though we were out of the cop's jurisdiction when he pulled me over, he could have summoned a local jurisdiction LEO who could have written me that ticket for reckless driving.
True. But the ticket would be dependent on the testimony of the out-of-jurisdiction officer (OOJO) acting in the capacity of a private citizen. If the OOJO used any of the police issued equipment (vehicle, radar gun) to determine the speed at which you were traveling, you could potentially get him fired for misuse of government property.
Always ask the following question immediately upon an officer stopping you: "Sir, are you detaining me?" Even in a traffic stop. It lets the officer know that you know what is going on. Since the OOJO was acting a private citizen, he could possibly detain you and make a citizen's arrest.
If it had been reckless driving, the in-jurisdiction officer (IJO) could not have arrested you, as that must occur within the presence of the IJO.
Cite:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-81
"Such officers may also arrest without a warrant for an alleged misdemeanor not committed in their presence involving (i) shoplifting in violation of § 18.2-96 or 18.2-103 or a similar local ordinance, (ii) carrying a weapon on school property in violation of § 18.2-308.1, (iii) assault and battery, (iv) brandishing a firearm in violation of § 18.2-282, or (v) destruction of property in violation of § 18.2-137, when such property... "
And, since reckless driving is a class 1 misdemeanor, the IJO cannot issue you a summons:
Cite:
http://leg1.state.va.us/000/cod/19.2-74.HTM
" 19.2-74. Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special policemen and conservators of the peace. A. 1. Whenever any person is detained by or is in the custody of an arresting officer for any violation committed in such officer's presence which offense is a violation of any county, city or town ordinance or of any provision of this Code punishable as a Class 1 or Class 2 misdemeanor or any other misdemeanor for which he may receive a jail sentence, except as otherwise provided in Title 46.2, or § 18.2-266...."
So you could not have been arrested or been written a summons because the IJO did not witness the class 1 misdemeanor of reckless driving.
Now back to the point of the OOJO. Can the OOJO legally detain you? Under VA law, maybe. In order to effectuate a valid citizen's arrest in VA the violator MUST be committing a felony OR breaching the peace. A very similar and recent case happened in VA, where an OOJO effectuated a citizen's arrest until an IJO could arrive.
See Hudson v. Commonwealth VA:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=va&vol=1022703&invol=1
"At common law, a private citizen may arrest another for a breach of the peace committed in his presence. See Gustke, 516 S.E.2d at 291-92; see also Carroll v. United States, 267 U.S. 132, 156-57 (1925) (" 'In cases of misdemeanor, a peace officer[,] like a private person[,] has at common law no power of arresting without a warrant except when a breach of the peace has been committed in his presence . . . .' " (quoting 9 Halsbury's Laws of England 612)); accord W. Page Keeton, ed., Prosser and Keeton on the Law of Torts 26 (5th ed. 1984) ("Broadly speaking, either an officer or a private citizen may arrest without a warrant to prevent a felony or a breach of the peace which is being committed . . . in his presence.") (footnotes omitted). Despite argument on brief that he could only be the subject of a citizen's arrest for a felony, Hudson conceded at trial that "any normal citizen can pull somebody over for breach of the " peace."
Since the OOJO witnessed the violation of a misdemeanor in his presence, he may be able to legally effectuate a citizen's arrest. Anyone in the US can effectuate a citizen's arrest if it is a felony. However, states vary on misdemeanors and breaches of peace requirements, See Wikipedia. The burden would be on the citizen to prove you had breached the peace. In Hudson v. Commonwealth the violator was DUI (class 1 misdemeanor), same class misdemeanor as reckless. However, in Hudson v. Commonwealth the violator was a clear and present danger to surrounding vehicles, including the OOJO's (ran him off the road), and thus the courts deemed it was a breach of peace.
The OOJO in Hudson v. Commonwealth was also by-the-book. He merely detained the individual an gathered no evidence whatsoever. Other things came up in the case, as well, such as if an officer is acting under the "color of the uniform" when effectuating a citizen's arrest. It's a good read.
Is speeding at 80 on an interstate a breach of peace?
Hope I over-analyzed this for everyone's good.
