Jurisdiction question

OhOneSnake

Let it melt......
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So, me and the wife are in her Cherokee coming back from daily errands, when we see a silver Impala with Virginia tags (we're in Maryland) going about 85, being followed by another car who was going faster then him, and is now behind him. The impala flashes his lights for a second (unmarked take-home car I guess). Well, the guy behind him passes him, at which point the Impala hit the lights and speeds after him. The other car floors it, dissapears in traffic, and is never seen again. I admit, I sped up a little so I could watch, but in my slow SUV, all I saw after a few seconds was the impala waiting for another slow SUV to move out of his way.

My question is: Is it evading if the LEO is off-duty in a takehome out of his jurisdiction? I dont know for sure what agency the impala worked for, but for Virginia tags, he was at least an hour out of zone. Thats just a guess cause I've been pulled over by an offduty Lt. in his malibu before, who just wanted to chew me out for going 75-50.

Apart from the obvious speeding and reckless driving (big penalties in Virginia, not so much in Maryland), was there a crime here? They never covered this in FLETC
 

Lawfficer

Just a dude with a car
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OhOneSnake said:
My question is: Is it evading if the LEO is off-duty in a takehome out of his jurisdiction? I dont know for sure what agency the impala worked for, but for Virginia tags, he was at least an hour out of zone. Thats just a guess cause I've been pulled over by an offduty Lt. in his malibu before, who just wanted to chew me out for going 75-50.


Not a smart idea for the officer. First of all, unless he is Deputized in Maryland, and Virgina, he is going to havea hard time writing a ticket for anything. You have to be in your jurisdiction inorder to enforce the laws there. However, that is obviously trumped by your obligation to act should you see something that is threating life of a great amout of property.

As far as I know, it would still be evading(Eluding) an officer due to the fact that the person is being given audible and visual signals to stop. But again, if he's out of his jurisdiction, he's not in an "authorized" emergency vehicle.

The only thing I can think of is a Unmarked Virgina State Patrol Car with a Trooper who was also Deputized in Maryland. Than everything would be Okay. I know the officers in Marinette WI are deputiezed in Menominee MI due to the fact they are connected and vice versa...
 

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