What is an Extraterritorial Arrest for OVI?
When a law enforcement officers detains and arrests a person outside of the officer’s jurisdiction, this is known as an Extraterritorial Arrest. Ohio Revised Code Section 2935.03 provides that if a law enforcement officer is authorized to detain and arrest an offender within their territorial limits, they may also do so outside their territorial limits under certain circumstances. Typically, this arises when they are in hot pursuit of a felon, first or second degree misdemeanant, or a person committing a traffic offense for which points are chargeable.
What happens if the police officer violates this statute? Unfortunately, the statute itself does not provide a remedy for such a violation. However, an arrest by an officer outside of his territorial limits can be challenged as a violation of the person’s constitutional right to be free from illegal searches and seizures under the Fourth Amendment to the United States Constitution. This is done through a pretrial motion to suppress evidence.
Courts have found that extraterritorial arrests for minor traffic violations that were not first observed within an officer’s jurisdiction violate the constitution. If the arrest violated the constitution, the evidence stemming from the arrest cannot be used by the prosecution at trial. However, if the person was driving in a manner that endangers others, such as reckless operation, the stop of such a person is likely to be upheld even if the driving was observed outside the officer’s jurisdiction.
If you were stopped by a police officer outside the officer’s jurisdiction and arrested for OVI, it is in your interest to contact a OVI Defense Lawyer in Columbus to begin preparing your defense and to evaluate whether you’re constitutional rights were violated.Related Posts