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Sam
Sam, Attorney at Law
Category: Legal
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A friend living in Pennsylvania was pulled over by police

Customer Question

A friend living in Pennsylvania was pulled over by police after the cop saw him run a stop sign. Friend ran the stop sign in the City of Erie and the police officer was from a different jurisdiction (Wesleyville) but stopped him on Bird Drive (a road that divides Erie and Wesleyville). Bird Drive is under the jurisdiction of Erie but cop told the judge that the Erie and Wesleyville police have a written agreement that they "share jurisdiction" on the road. Judge asked to see agreement- cop never produced it- judge rules in favor or Wesleyville cop. Clearly this stop was illegal- any thoughts?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

I am not permitted to tell JustAnswer.com what to do in their specific situation or list all of the legal rights that might potential apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me?

Thank you.

Customer: replied 1 year ago.
No general legal questions- thank you.
Expert:  Irwin Law replied 1 year ago.

Since you have already determined that the stop was illegal, what more do you wish to know?

Customer: replied 1 year ago.
I enjoy paying to answer my own question. Essentially- I have been reading articles claiming that Pennsylavania has become more relaxed in cases whee probable cause is the issue- especially when the defendant get a DUI (even in cases where defendant was pulled over out of jurisdiction) However my friend was pulled over initially for running a stop sign- not because the cop suspected that he was driving under the influence.I am interested in knowing how a person could proceed at this point- hypothetically-because his current lawyer keeps delaying his next trial because he currently has a lot of cases. I think he's too busy to handle the case to the best of his ability. I hope this clears up any confusion.
Customer: replied 1 year ago.
there's no need to be patronize my "astute observation" - you could have simply asked for clarification.
Expert:  Irwin Law replied 1 year ago.

Seriously, I don't believe that I have more knowledge of Pennsylvania jurisdiction issues than you do at this point. Since I cannot add to what you already know, I will opt out. I would also point out that local issues can be important and that might be why the lawyer is intentionally delaying the case.

Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard. Many small towns, counties and boroughs do in fact have what is called Memorandum of Understanding (MOU), which allows law enforcement to cross a line into another jurisdiction and handle traffic matters, sometimes even criminal matters. You can check with the Police Department or the town council and they can provide your friend a copy of that MOU.

I suggest, that if there was probable cause to stop because of a stop sign violation, at that time, if the officer suspected your friend was intoxicated, they can proceed with the road side tests and then charge a DUI if they have the probable cause to do so.

If you friend wants to proceed on their own, without their attorney, and the attorney has entered an appearance in the matter with the court, the attorney first needs to withdraw that appearance. If your friend wants to assist in helping the attorney, I suggest, he can ask the attorney what they can do to help and to cut down on the time the attorney needs to spend on the case. For instance, your friend may be able to show that there is no MOU between the boroughs simply by requesting a copy of it. And if there is no MOU, then that would mean the entire matter could be dismissed because the law enforcement was out of jurisdiction.

Please let me know if you have other questions or need more information or clarification.

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