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  1. #1

    Default How Far After a Violation Can You Be Cited for It

    My question involves a speeding ticket from the State of: Washington State. I had been pulled over for an unsafe lane change (totally my fault). Once pulled over the officer said he had also paced me doing 70 in a 50. The are he was referring to was almost 5 miles back. Do you know if there is a limit to how far you can be pulled over for violation? 3 miles? 4 maybe even 5? I could sure use your expertise.

  2. #2
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    Default Re: How Far After a Violation Can You Be Cited for It

    There is no "bright line" rule of law on this in any jurisdiction probably.

    I have never myself personally read any case law addressing this question as a possible Unreasonable seizure!!

  3. #3
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    Default Re: How Far After a Violation Can You Be Cited for It

    As long as the violation was committed within his "jurisdiction," he is in what is known as "hot pursuit."

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    Default Re: How Far After a Violation Can You Be Cited for It

    Quote Quoting BrendanjKeegan
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    As long as the violation was committed within his "jurisdiction," he is in what is known as "hot pursuit."
    I have to disagree here. HP is when a chase is in effect, not simply following a person.

    IF WA police do not have statewide jurisdiction, I imagine they can cross over any border if a crime was witnessed in thier jurisdiction or "borderline".

    He never said it was from one jurisdiction to another either.

  5. #5

    Default Re: How Far After a Violation Can You Be Cited for It

    I recall in drivers ed. or something like that, they were talking about how an officer cannot cite you for an infraction depending of how many miles back it was. Is this not the case?

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    Default Re: How Far After a Violation Can You Be Cited for It

    I've never heard of any such law in any state, or even a law that says the police can't issue you a ticket days later.

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    Default Re: How Far After a Violation Can You Be Cited for It

    I believe you to be mistaken.

    Unless there is a specific law addressing this, you loose.

    I have never heard of, in any state, a law that says an officer can not cite unless he pulls over the offender within so many miles or minutes? Department policy maybe for a citation, but law?

  8. #8
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    Default Re: How Far After a Violation Can You Be Cited for It

    Quote Quoting BOR
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    I have to disagree here.
    That's a rather tight application of "Hot" or "Fresh Pursuit."

    Have a look at this article from the Michigan Law Review.

    In general, hot pursuit (or fresh or immediate, have what you will) is pursuit (with or without a warrant) for the purpose of preventing the escape or effecting the arrest of any person who is suspected of committing, or having committed, any violation of the law. Fresh pursuit implies pursuit without unreasonable delay, but need not be immediate pursuit.

    When you are pulled over by an officer, this is called an arrest. And obviously, you have committed a violation of the law.

    But I do see where you come from. However, the same guidelines (generally) apply.

  9. #9
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    Default Re: How Far After a Violation Can You Be Cited for It

    I would guess that if the cop can get the plate # he'll call it in and follow you until he gets a call back with the info and this could be minutes away...but as far as time & distance requirement to pull you over? I dont think there are such regulations or law.

  10. #10
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    Default Re: How Far After a Violation Can You Be Cited for It

    Quote Quoting BrendanjKeegan
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    That's a rather tight application of "Hot" or "Fresh Pursuit."

    Have a look at this article from the Michigan Law Review.

    In general, hot pursuit (or fresh or immediate, have what you will) is pursuit (with or without a warrant) for the purpose of preventing the escape or effecting the arrest of any person who is suspected of committing, or having committed, any violation of the law. Fresh pursuit implies pursuit without unreasonable delay, but need not be immediate pursuit.

    But I do see where you come from. However, the same guidelines (generally) apply.

    I see where you are coming from also, but the article you cite is not relevant, it concerns maritime/admirality and is decades old.

    However, I will copy from the ORC (Ohio Revised Code) 2935.03, to make both our points.

    ....may pursue, arrest, and detain that person until a warrant can be obtained if all of the following apply:

    (1) The pursuit takes place without unreasonable delay after the offense is committed;

    (2) The pursuit is initiated within the limits of the political subdivision,

    et. seq;

    The ORC, at least, sure, uses the words pursue and pursuit, but also mentions arrest.

    MAINLY my point, although I was never an officer, is that if a CHASE is effected, the call will go out as a pursuit. If the officer is merely following a car he will not say he is in fresh/hot pursuit, as that connotates a chase procedure. However, as you say, it is a play on words.

    This is also not to say an officer can not leave his jurisdiction for a citation either.


    When you are pulled over by an officer, this is called an arrest.
    Not in any jurisdiction I have ever read of. It is simply called a Terry stop/ investigative detention, at that point.


    And obviously, you have committed a violation of the law.
    A Terry stop can be, but is not neccessarily based on probable cause, so a violation of law is not conclusive at that point neccessarily.

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