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by Jusme
Thu Sep 07, 2017 9:02 am
Forum: LEO Contacts & Bloopers
Topic: El Paso LEO in counter
Replies: 30
Views: 14723

Re: El Paso LEO in counter

nightmare69 wrote:
Jusme wrote:Under that scenario, Postal inspectors, could enforce Texas traffic law. JMHO
Expect postal inspectors are not Peace Officers in Texas. I remember that from the academy.

Neither are MPs
by Jusme
Wed Sep 06, 2017 6:17 pm
Forum: LEO Contacts & Bloopers
Topic: El Paso LEO in counter
Replies: 30
Views: 14723

Re: El Paso LEO in counter

Under that scenario, Postal inspectors, could enforce Texas traffic law. JMHO
by Jusme
Wed Sep 06, 2017 6:14 pm
Forum: LEO Contacts & Bloopers
Topic: El Paso LEO in counter
Replies: 30
Views: 14723

Re: El Paso LEO in counter

srothstein wrote:
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.


That may be true, but MP are paid, by the entire country. I pay my local LEO to enforce laws in my particular City/County, and my Federal employees, to enforce Federal law. Under What Federal law, does speeding fall?
by Jusme
Wed Sep 06, 2017 2:24 pm
Forum: LEO Contacts & Bloopers
Topic: El Paso LEO in counter
Replies: 30
Views: 14723

Re: El Paso LEO in counter

Soccerdad1995 wrote:To the OP, since you mention that your son got a speeding ticket, what court is he supposed to appear in? If it is a federal or military court of some type, then it makes sense that the offense would have been committed on federal property, but if it is a state or local court, then I am guessing it is not federal property.

Of course, IANAL.

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.
by Jusme
Wed Sep 06, 2017 7:30 am
Forum: LEO Contacts & Bloopers
Topic: El Paso LEO in counter
Replies: 30
Views: 14723

Re: El Paso LEO in counter

Couple of things. Under what authority, can the MP pull over vehicles, on a State highway, and issue citations? What is a "Federal Highway? , If it is on base, there would be check points, otherwise it is not on base, and not subject to military regulations.
I also would be curious to know how they knew your son had a gun in his vehicle. Does he have his LTC, and provide it along with his DL during the stop?

I think the MP were either misinformed, or just trying to give the impression that they had more authority, than they really do. If I were your son, I would fight the citation. JMHO.

Edit to add: Welcome to the forum jbpate!! :tiphat:

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