Hypothetical... At some time, someone like me could have been riding a four-wheeler in the Tellico off-road vehicle area in the Nantahala Nat'l Forest that borders Tennessee. It might have been during a heavy snow and somebody could have decided to ride on down the road towards Tellico Plains, TN just to see the scenery (which is illegal)... one might have been on the way back to NC. and passed a Law Enforcement Officer... One might have thought that b/c one was on an atv, and the LEO was in a pickup, that he could beat the LEO to the NC line (6miles in heavy snow.) One was wrong. (A redneck in a pickup can catch you even if you are fucking flying on a gravel road in the mountains apparently.)

This dude got pulled over just short of the line... A TN wildlife officer came up and cussed this dude for a dawg for about 2 minutes. Something to the effect of "what the fuck are you doing, out here!!! You're gonna get someone killed!!! We don't want these things tearing up our roads and forests!!!!... etc..."

"We weren't hurtin' anything, we were just riding around to see the snow. We didn't think there'd be anyone else out."

"Well GODDAMNIT I'M OUT!!! Where the hell are you parked"

"At Allen Gap."

"That's in NC"

"Yeah."

"This is TENNESSEE!!!"

"Oh SNAP!!! I didn't know that, we were riding in the Tellico ORV Area."

"Well get the fuck back there!!! We don't want your kind in Tennessee. You're goddamned lucky that there isn't a forest ranger (federal officer) around, 'cuz he'd cuff you and that's a $texas fine!!!"

One wondered why the Man had bothered to pull him over in the first place... it was a risky thing to do.

My question is that one must have been in violation of a federal law, can a state officer not arrest you for that, or at least detain you until one arrives.

BTW... one had seen some pissed off cops, but this fucker took the cake, he couldn't figure out what the deal was or why he'd even chased him in the first place.

1/31/2006 3:16:54 PM

He ran from the cops. Of course he broke the law. In fact, when you add the non-licensed vehicle stuff he probably broke several. This hypothetical person should have been kissing the hypothetical cop's ass for letting him go.

1/31/2006 3:24:10 PM

this person did not "run from the cops" or "resist arrest" He saw the cops and made a break for it, but the minute the cops sounded the siren he stopped. It just took them 5 miles to catch up.

[Edited on January 31, 2006 at 4:11 PM. Reason : sp]

1/31/2006 4:09:07 PM

In Conclusion your friend could have gotten into some deep shit.

1/31/2006 5:33:19 PM

stick it to the man!

1/31/2006 5:40:25 PM

Quote :

"§ 14-43.1. Unlawful arrest by officers from other states. A law-enforcement officer of a state other than North Carolina who, knowing that he is in the State of North Carolina and purporting to act by authority of his office, arrests a person in the State of North Carolina, other than as is permitted by G.S. 15A-403, is guilty of a Class 2 misdemeanor. (1973, c. 1286, s. 10; 1993, c. 539, s. 22; 1994, Ex. Sess., c. 24, s. 14(c).)"

Quote :

"§ 15A-403. Arrest by officers from other states. (a) Any law-enforcement officer of a state contiguous to the State of North Carolina who enters this State in fresh pursuit and continues within this State in such fresh pursuit of a person who is in immediate and continuous flight from the commission of a criminal offense, has the same authority to arrest and hold in custody such person on the ground that he has committed a criminal offense in another state which is a criminal offense under the laws of the State of North Carolina as law-enforcement officers of this State have to arrest and hold in custody a person on the ground that he has committed a criminal offense in this State."

so there ya have it, dont believe the movies, they can bust you AS LONG AS THEY ARE IN IMMEDIATE AND CONTINUOUS PURSUIT from the scene of a crime. he couldnt come to your house later and arrest you, unless he had assistance from a local agency.

[Edited on January 31, 2006 at 6:20 PM. Reason : .]

1/31/2006 6:17:39 PM

So why did he not bust "my friend's" ass for violating the laws of the great state of Tenessee?

He ssems to have had the authority to....

[Edited on February 1, 2006 at 1:13 AM. Reason : sp]

2/1/2006 1:06:00 AM

prolly he just wanted an excuse to turn his lights on and drive fast in the snow, no one cares about a 4 wheeler in the snow

2/1/2006 1:30:47 AM

^gg, My friend wasn't actually doing any harm to anything... And the cop put himself in considerable jeopardy (atv vs. pickup) in trying to run my friend down. I guess it was a testosterone thing. He got off on cussing my friend out and scaring the shit out of him.

BTW Jackleg... The hypothetical situation may have taken place a number of years ago, when my friend was younger and didn't know about the "immediate pursuit" law.

^I guess the TN Wildlife Comission doesn't get so many high-speed chases.

[Edited on February 1, 2006 at 2:12 AM. Reason : more gg...]

2/1/2006 2:11:12 AM

hahaha i mean i dont know the specifics.... i just had that stature handy because of some research ive been doing lately for a different case. may or may not apply to your friends situation

2/1/2006 3:05:14 AM

As usual GG.

2/1/2006 12:18:12 PM