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  1. #1
    Join Date
    Nov 2010
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    4

    Default Stopped by Border Patrol for Speeding and Public Endangerment

    My question involves a careless driving ticket from the State of: California


    I was stopped by 2 Border Patrol Agents on Southbound I-15 Just South Of SR-76 after speeding past them. The agent who approached me informed me I was stopped for "public endangerment" and asked for my license. I was advised "never to do that again" and told I was free to go after he ran my license plate and drivers license but after being told "you do realize that we have the authority to contact CHP and have you cited for this right?"

    I was not stopped in connection with any border patrol check point and was still asked questions form the Agent after informing him that I was a US Citizen.

    I was just wondering if anyone knew of any MOU on file with DHS and CHP that gives them PC for traffic stops like that. Not interested in contesting it or anything since no ticket was issued.

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Stopped by Border Patrol for Speeding

    Yes. Pursuant to PC 830.8 federal law enforcement officers may affect a detention and/or arrest for public offenses committed in their presence.

  3. #3
    Join Date
    Nov 2010
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    4

    Default Re: Stopped by Border Patrol for Speeding

    Thanks cdwjava!

  4. #4
    Join Date
    Nov 2010
    Posts
    4

    Default Re: Stopped by Border Patrol for Speeding

    How does CVC 40800(A) apply to federal law enforcement officers who have arrest/detention powers to enforce State Law but are not primarily tasked with enforcement of the vehicle code?

    CVC 40800(A): A traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 (commencing with Section 20000) or 11 (commencing with Section 21000) shall wear a full distinctive uniform, and if the officer while on duty uses a motor vehicle, it must be painted a distinctive color specified by the commissioner.

    Source: http://dmv.ca.gov/pubs/vctop/d17/vc40800.htm

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Stopped by Border Patrol for Speeding

    Quote Quoting sdcit
    View Post
    How does CVC 40800(A) apply to federal law enforcement officers who have arrest/detention powers to enforce State Law but are not primarily tasked with enforcement of the vehicle code?

    CVC 40800(A): A traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 (commencing with Section 20000) or 11 (commencing with Section 21000) shall wear a full distinctive uniform, and if the officer while on duty uses a motor vehicle, it must be painted a distinctive color specified by the commissioner.

    Source: http://dmv.ca.gov/pubs/vctop/d17/vc40800.htm
    You answered your own question in that they are NOT "traffic officers" nor are they on duty for the exclusive or main purpose of enforcing the vehicle code!

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Stopped by Border Patrol for Speeding

    Ditto That Guy's reply.

    Besides, the authority for federal officers to be considered as peace officers in CA is found in the Penal Code.

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