Moncrieffe v. State (4th District Court of Appeals, March 16, 2011)

Municipal police officer lacked authority to take defendant into custody outside the territorial limits of his jurisdiction, and thus defendant could not be convicted of escape arising out of his escape from officer's custody, even if officer had probable cause to arrest defendant; officer had no warrant for defendant's arrest, officer was not in fresh pursuit of defendant, and officer was acting under color of office, rather than as a private citizen, when he took defendant into custody from a different municipality's police department.

 Generally, an officer of a county or municipality has no official power to arrest an offender outside the boundaries of the officer's county or municipality.” Porter v. State,765 So.2d 76, 78 (Fla. 4th DCA 2000) (citing Huebner v. State,731 So.2d 40, 44 (Fla. 4th DCA 1999)). Exceptions to this rule apply when an officer is acting as a private citizen or is in fresh pursuit. See Phoenix v. State,455 So.2d 1024, 1025 (Fla.1984) (explaining that law enforcement officials outside their jurisdiction “should not be any less capable ... of making a felony arrest than a private citizen,” nor have a greater power; however, law enforcement officials may not make citizen's arrests under color of their office); § 901.25, Fla. Stat. (2005) (mandating that an arresting officer may arrest someone outside the officer's jurisdiction if in fresh pursuit).

NOTES:  This is just a recent discussion of the legal jurisdictional limits placed on police.  Nothing really new but a good summation.