Arrested Outside of Jurisdiction for Misdemeaner Offense

My question involves criminal law for the state of: Tennessee

I wanted to know what Tennessee's laws are regarding police jurisdiction for city based agencies? I was arrested for disorderly conduct for holding a bat up in the middle of the street. The officer arresting me did not have consent from the city I was in and was not in hot pursuit. He had no grounds for even acitizen arrest. I want to know if his charges can be thrown out or dismissed..

The warrantless arrest statute in Title 40 was silent on territorial jurisidiction, so I had to search for some case law. This should explain it, and yes, it is treated as a citizens arrest.

http://openjurist.org/110/f3d/64/sis...unty-tennessee

The citizens arrest statute:

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Quoting Tennessee Code, Sec. 40-7-109. Arrest by private person — Grounds.

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(a) A private person may arrest another:

(1) For a public offense committed in the arresting person's presence;

(2) When the person arrested has committed a felony, although not in the arresting person's presence; or

(3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.

(b) A private person who makes an arrest of another pursuant to the provisions of §§ 40-7-109 — 40-7-115 shall receive no arrest fee or compensation for the arrest.

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Consistent with the previously cited case, this case suggests that the term "public offense" encompasses both felonies and misdemeanors, perhaps more.

If it is a citizens arrest; the cop leaves himself open for a civil suit.

Quote:

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Quoting BOR

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The warrantless arrest statute in Title 40 was silent on territorial jurisidiction, so I had to search for some case law. This should explain it, and yes, it is treated as a citizens arrest.

http://openjurist.org/110/f3d/64/sis...unty-tennessee

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im not exactly sure thatshead on but I will respond with what I learned from that.

"(1) For a public offense committed in his presence;
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(2) When the person arrested has committed a felony, although not in his presence; or
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(3) When a felony has been committed, and he has reasonable cause to believe that the person arrested committed it."

The question comes down to public offense and felony acts. I did not commit a felony act because they did not charge me with felony acts or entertain those claims by the people i was arguing with. What is a public offense? I am alowed to have a bat and I am alowed to cross a road.. None of this occured in thepresence of an officer of the law, the only acts that were grounds for arrest they refused to entertain. Felony vandalism.. So when they observed me from the city limits simply with a baseball bat at that moment they had no grounds even for a citizens arrest. The "public 'offense'" i had could only come with failure to comply with officers who already had invalidated their own grounds to even make a citizens arrest.

pls get back to meguys

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Quoting Another Demise

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The question comes down to public offense and felony acts. I did not commit a felony act because they did not charge me with felony acts or entertain those claims by the people i was arguing with. What is a public offense?

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Re-read Mr. Knowitall's post... Specifically the part:

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Quoting Mr. Knowitall

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the term "public offense" encompasses both felonies and misdemeanors, perhaps more.

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okay i read the first link, I see Mr Know's and it says the Tennessee Law on jurisdictions gives them the right to enforce laws one mile outside of jurisdiction.

"The police authority of all incorporated towns and cities shall extend to a distance of one (1) mile from the lawful corporate limits thereof, for the suppression of all disorderly acts and practices forbidden by the general laws of the state; provided, that such jurisdiction of an incorporated town or city shall not be hereby extended beyond the limits of the county in which any part of such town is situated, or so as to come within one (1) mile of any other incorporated town or city."
I am thinking that means they can enforce the laws outside of their jurisdiction but the law implies ONLY under certain circumstances. What I did was not forbidden by state law..

Under Tennessee law, a person commits disorderly conduct who, in a public place and with intent to cause public annoyance or alarm:

• Engages in fighting or in violent or threatening behavior;
If I was engaged in fighting were are the fighting charges? How can I be a threat to anyone when I am half a footbal field away and by myself? If they aren't willing to entertain violence or fighting allegations in theory then the violence or fighting never occured..

• Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
None of those conditions..

• Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. Tenn. Code Ann. § 39-17-305 (2007).
How was I A hazard when I was by myself. What thehel is a "physically offensive condition"? Like a warzone or something?

"A person also commits disorderly conduct who makes unreasonable noise that prevents others from carrying on lawful activities."

I was silent.

But LOTS of cities and counties have Memoranda of Understanding (MOU) that allow for cross-jurisdictional arrest. You'd need to know if THIS particular municipality has such an MOU in place. (Similarly, in some jurisdictions, city officers can also be deputized within their county which negates the jurisdiction issue. You'd need to know such status of the particular officer involved.)

Okay, so you say that the elements of the offense were not met. Has the court thrown the case out, yet? Has the DA filed?

In the meantime, stay silent and consult legal counsel.

demise, if you read the cases carefully, you will see if the officer is out of his territorial jurisdiction, he then asserts the status of a citizen, therefore effects a citizens arrest.

As far as the defintion of "public offense", I could not find one statutorily, but no doubt one is ingrained in the common law.

Rules of statutory construction call for the general everyday ordinary meaning of a word when it is not defined.

PUBLIC means just that, outside the parameters of a private area, such as a home, hotel room, etc.

As you note in the disorderly conduct statute:

Under Tennessee law, a person commits disorderly conduct who, in a public place and with intent to cause public annoyance or alarm:

A Home, as I mentioned would NOT be a public place.