Jurisdiction of Police Officers

The Town of Middletown appealed the decision of the Appeals Panel vacating the trial judge’s finding that the defendant was guilty of violating R.I.G.L. 1956 § 31-14-2 (prima facie limits) where a Middletown officer observed the defendant speeding in his jurisdiction, but cited the defendant in Newport after he crossed over the border while slowing to a stop. The District Court held that the authority of a municipal officer is limited to his own jurisdiction except for “emergency situations” or when engaged in “hot pursuit.” The District Court concluded that in this case, the emergency situation exception did not apply. Furthermore, the Court held that in order for the exception of “hot pursuit” to apply, the pursuing officer must have established probable cause to arrest while still in his own jurisdiction. Therefore, because the civil violation of speeding does not subject the perpetrator to arrest, nor did the officer establish probable cause to make an arrest for another crime while in Middletown, the hot pursuit law did not authorize the officer to follow the motorist into an adjoining municipality for the purpose of issuing only a traffic citation. Lastly, the Court concluded that the agreement between Middletown and Newport to act in non-emergency situations did not authorize the officer to stop the defendant outside of his jurisdiction, in this case, because the officer did not observe the defendant commit a serious traffic violation in Newport, but only followed the defendant there after having observed him speed in Middletown. Accordingly, the Court sustained the decision of the Appeals Panel vacating the charge against the defendant. Town of Middletown v. Thomas Oliver, A.A. No. 13-26 (March 13, 2014).pdf