Need Urgent Help with Traffic Case Law

[lawabiding2610]

So I was pulled over by a corrupt police officer in a small township. He said I was going 26 over which is crap because I know for a fact I was going the speed limit as I was watching my speedometer and know that this road is a speed trap. We have gone to trial and I lost to a jury, however, the judge has not signed off on the matter yet.

However, new information has come to light. The road where the officer pulled me over was not in his jurisdiction. By the law, if a officer of another jurisdiction wants to stop someone, he needs to check with that jurisdiction before taking any action. This officer did no such thing and I have video proof of this.

However, like I said, we went to trial and I lost, but this matter has not yet been signed off on. I did not have the knowledge at the time of the trial that the road was not in their jurisdiction as it was changed about 6 months before the alleged offense. I now have an official map from the city that has the jurisdiction and I am making an objection to the Findings of Fact, Conclusions of Law, and Order document that the opposing attorney provided for the judge to sign off on the matter. I made an objection and the judge hasn't ruled yet, but the opposing attorney says that my request is not proper.

However, considering the township does not have jurisdiction and in fact no legal standing in the matter due to no jurisdiction, what legal standing and case law do I have to back up my motion to have the verdict set aside and either dismissed all together or declared a mistrial and sent to the proper jurisdiction for prosecution?

This is an urgent issue and I would appreciate any help you may have to offer.

Thank You!

 

[Proserpina]

This would be something your attorney should help you with.

 

[lawabiding2610]

I am representing myself. Don't have any money for an attorney. I have a pretty good handle on the law, but just need some help.

 

[Proserpina]

Have you tried Lexis, Westlaw, etc.,?

I'm sorry - but nobody here can really walk you step by step through the process or do your research for you. If you're representing yourself you're going to be held to the same standards as an attorney.

Now, having said that would you mind answering a quick question? Is fighting a speeding ticket (and perhaps having to pay for your research) really going to be worth the possible expense in the long run?

 

[lawabiding2610]

In this case yes it is.

For the most part I have done all the research needed, but I am just looking for some case law or something to back up a claim. I am not going to lie that I am terrible with finding statutes and such. I understand that i am going to be held to the same standards. I don't expect anything less.

However, would be willing to help at all? I'd really appreciate it.

 

[mightymoose]

By the law, if a officer of another jurisdiction wants to stop someone, he needs to check with that jurisdiction before taking any action.

Wrong, and too late anyway.

 

[lawabiding2610]

I would suggest you read WI law then.

 

[Proserpina]

I would suggest you read WI law then.

I suggest you do the same.

But in the meantime, care to share the wealth?

 

[CdwJava]

I would suggest you read WI law then.

I did. And your interpretation is not quite correct ...

Chances are the agency heads have complied with this ... it is common in many states for a new agency head to provide this approval when they ascend the throne (i.e. become Chief or Sheriff).

175.40(6)
(a) A peace officer outside of his or her territorial jurisdiction may arrest a person or provide aid or assistance anywhere in the state if the criteria under subds. 1. to 3. are met:
1. The officer is on duty and on official business.
2. The officer is taking action that he or she would be authorized to take under the same circumstances in his or her territorial jurisdiction.
3. The officer is acting to respond to any of the following:
a. An emergency situation that poses a significant threat to life or of bodily harm.
b. Acts that the officer believes, on reasonable grounds, constitute a felony.
(b) A peace officer specified in par. (a) has the additional arrest and other authority under this subsection only if the peace officer's supervisory agency has adopted policies under par. (d) and the officer complies with those policies.
(c) For purposes of civil and criminal liability, any peace officer outside of his or her territorial jurisdiction acting under par. (a) is considered to be acting in an official capacity.
(d) In order to allow a peace officer to exercise authority under par. (a), the peace officer's supervisory agency must adopt and implement written policies regarding the arrest and other authority under this subsection, including at least a policy on notification to and cooperation with the law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction.​

The key will be whether or not these policies have been met or not. Chances are they have been, but, you never know. If the agency heads have been sloppy then maybe your Hail Mary shot will prevail.

 

[army judge]

Two words, res judicata.

If this has been adjudicated, your only avenue of recourse is via appellate relief.

That is often a time limited option, not before the same judge, and requires a bond to be paid.

There are versions of this process in all 50 states.

If you pled out, there is no appellate relief.

 

[mightymoose]

175.40(6)
(a) A peace officer outside of his or her territorial jurisdiction may arrest a person or provide aid or assistance anywhere in the state if the criteria under subds. 1. to 3. are met:
1. The officer is on duty and on official business.
2. The officer is taking action that he or she would be authorized to take under the same circumstances in his or her territorial jurisdiction.
3. The officer is acting to respond to any of the following:
a. An emergency situation that poses a significant threat to life or of bodily harm.
b. Acts that the officer believes, on reasonable grounds, constitute a felony.
(b) A peace officer specified in par. (a) has the additional arrest and other authority under this subsection only if the peace officer's supervisory agency has adopted policies under par. (d) and the officer complies with those policies.
(c) For purposes of civil and criminal liability, any peace officer outside of his or her territorial jurisdiction acting under par. (a) is considered to be acting in an official capacity.
(d) In order to allow a peace officer to exercise authority under par. (a), the peace officer's supervisory agency must adopt and implement written policies regarding the arrest and other authority under this subsection, including at least a policy on notification to and cooperation with the law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction.​

OP was not arrested. It was simply a traffic citation, and it sounds as if it was very near the jurisdictional borders.
It sounds as if OP likely committed the violation in jurisdiction A, but the stop was ultimately made across the line into jurisdiction B. Just speculating of course, but that is usually the argument being made in this sort of scenario.

 

[CdwJava]

The detention as a prelude to arrest is very similar to the authority in any other state. One must detain to affect the arrest.

So, if the officer viewed a violation outside his jurisdiction, but within one where his agency had the requisite permission to make an arrest pursuant to state law, then he could make the detention and arrest.

But, as you say, it is very likely that the officer observed the violation within his jurisdiction and then made the stop in a neighboring one.