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by srothstein
Wed Sep 06, 2017 5:51 pm
Forum: LEO Contacts & Bloopers
Topic: El Paso LEO in counter
Replies: 30
Views: 14716

Re: El Paso LEO in counter

Jusme wrote: That was one of my questions also. Under what jurisdiction, would a speeding ticket be filed. Speed limits are set by the state, and are enforced, in either the JP court, for that county's precinct, or in a municipal court. The Federal Government, should not be allowed to enforce compliance with State law, nor issue citations. especially, for speeding, since it is not an arrestable offense.
Things may have changed since I was an MP, but military police have jurisdiction over service personnel at all times and in all places. San Antonio used to have an Armed Forces Police Detachment that worked out of the basement of police headquarters and patrolled the city, especially the tourist areas, looking for military men that were causing problems or needed help. They also handled calls with us if the call was off base and involved military people (it was a great way to handle a disturbance call since they could take the military half to the barracks and keep him there for the night).

I believe the problem here is that the MP's may have concurrent jurisdiction over the road. Before 9-11, Harry Wurzbach Road was a city street that ran through the heart of Ft. Sam Houston. I would patrol it as an SAPD officer and MPs could patrol it also since it was on base. No checkpoints at all. The MPs could write tickets to military personnel that were handled by the military unit (DD Form 1408) or to anyone that was handled by a federal magistrate (DD Form 1805). SAPD wrote tickets for municipal court to anyone we felt needed it there also. I guess the county could also write tickets to JP court but I never saw them do it.

The feds got jurisdiction from a federal law called the Assimilation Act. It allows the military to assimilate state laws for traffic and other minor offenses to prevent them from having to write all new laws for those same things. This is how the drinking age used to apply on base too.

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