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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Can a City of Fullerton traffic cop give me a traffic ...

Resolved Question:

Can a City of Fullerton traffic cop give me a traffic ticket for a violation which did not take place in Fullerton? The incident happened on the 91fwy in Anaheim Hills. I thinck this is the CHP''s jurisdiction.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 9 years ago.
Yes, he can. Law enforcement agencies in Orange County have entered into an agreement by which all have authority throughout the county and can make arrests anywhere in the county. A traffic citation is a technical arrest.

Any California peace officer can make an arrest anywhere in the state for an offense committed in his presence which creates a danger to public safety. California Penal Code section 830.1. This would apply to issuing a traffic citation as well, if the violation created a danger to public safety (which would include many traffic violations).

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