The Long Arm of the Law is a Bit Longer for DWIs

Published for NC Criminal Law on January 28, 2014.

Local law enforcement officers have a little bit of extra territorial jurisdiction when it comes to investigating impaired driving.  That grant of extra territorial jurisdiction (as opposed to extraterritorial jurisdiction, which city officers already had) was created by the Motor Vehicle Driver Protection Act of 2006 and codified in G.S. 20-38.2. General Rules. G.S. 15A-402 sets forth the rules that generally govern the territorial jurisdiction of such officers. County law enforcement officers. County officers may arrest persons anywhere within the county and outside of the county on any county-owned property.  They also may arrest people outside of these areas when the person has committed a criminal offense within one of these areas for which the officer could have arrested the person and the arrest is made during the person’s immediate and continuous flight from the territory. County officers also may arrest persons anywhere in North Carolina when the arrest is based upon a felony committed within the county or on county-owned property. Municipal law enforcement officers. Law enforcement officers of cities may arrest people within the city, within one mile of the corporate limits of the city, and on any city-owned property outside of the city.  They also may arrest people outside of these areas when the person has committed a criminal offense within one of these areas for which the officer could have arrested the person and the arrest is made during the person’s immediate and continuous flight from the territory. Campus police. Campus police officers may arrest people on property owned by [...]