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Statewide municipal police jurisdiction - 42 Pa. Cons. Stat. § 8953Legal Research Home > Pennsylvania Statutes
§ 8953. Statewide municipal police jurisdiction.
(a) General rule.--Any duly employed municipal police
officer who is within this Commonwealth, but beyond the
territorial limits of his primary jurisdiction, shall have the
power and authority to enforce the laws of this Commonwealth or
otherwise perform the functions of that office as if enforcing
those laws or performing those functions within the territorial
limits of his primary jurisdiction in the following cases:
(1) Where the officer is acting pursuant to an order
issued by a court of record or an order issued by a district
magistrate whose magisterial district is located within the
judicial district wherein the officer's primary jurisdiction
is situated, or where the officer is otherwise acting
pursuant to the requirements of the Pennsylvania Rules of
Criminal Procedure, except that the service of an arrest or
search warrant shall require the consent of the chief law
enforcement officer, or a person authorized by him to give
consent, of the organized law enforcement agency which
regularly provides primary police services in the
municipality wherein the warrant is to be served.
(2) Where the officer is in hot pursuit of any person
for any offense which was committed, or which he has probable
cause to believe was committed, within his primary
jurisdiction and for which offense the officer continues in
fresh pursuit of the person after the commission of the
offense.
(3) Where the officer has been requested to aid or
assist any local, State or Federal law enforcement officer or
park police officer or otherwise has probable cause to
believe that the other officer is in need of aid or
assistance.
(4) Where the officer has obtained the prior consent of
the chief law enforcement officer, or a person authorized by
him to give consent, of the organized law enforcement agency
which provides primary police services to a political
subdivision which is beyond that officer's primary
jurisdiction to enter the other jurisdiction for the purpose
of conducting official duties which arise from official
matters within his primary jurisdiction.
(5) Where the officer is on official business and views
an offense, or has probable cause to believe that an offense
has been committed, and makes a reasonable effort to identify
himself as a police officer and which offense is a felony,
misdemeanor, breach of the peace or other act which presents
an immediate clear and present danger to persons or property.
(6) Where the officer views an offense which is a
felony, or has probable cause to believe that an offense
which is a felony has been committed, and makes a reasonable
effort to identify himself as a police officer.
(b) Limitation.--Nothing contained in subsection (a) shall
be deemed to extend or otherwise enlarge a municipal police
officer's power and authority to arrest any person for an
offense unless specifically authorized by law.
(c) Relinquishing authority.--Whenever a municipal police
officer exercises any power or authority over any person or
event pursuant to the provisions of subsection (a)(3), (4), (5)
or (6), the officer shall relinquish authority and control over
any such person or event upon the request of the chief law
enforcement officer, or a person authorized by him to make the
request, of the organized law enforcement agency which regularly
provides primary police services in the municipality.
(d) Immunities and benefits preserved.--Any municipal police
officer who exercises any power or authority granted under this
section, and the employing municipality of the police officer,
shall have the same immunities from liability as would be
applicable if the actions were performed within the territorial
boundaries of the officer's primary jurisdiction and the police
officer shall be entitled to the same benefits of employment as
the officer would possess if acting solely within his primary
jurisdiction. However, when any municipal police officer is
responding to a request for aid or assistance from a State law
enforcement officer pursuant to subsection (a)(3) for purposes
of workers' compensation and allocation of liability for any
death, injury or damage he may cause in the performance of his
requested duties, he shall be considered to be an employee of
the Commonwealth. All costs incurred by any municipality in the
defense of lawsuits arising from the performance of any
requested duties shall be borne by the Commonwealth. The
Commonwealth shall provide attorneys to defend any lawsuits
arising under this section. For purposes of compensation,
pension or indemnity fund rights and other rights and benefits
to which he may be entitled, the municipal officer shall be
considered to be performing his duties in his normal capacity as
a municipal law enforcement officer. Nothing in this section
shall be construed to restrict the authority of any municipality
to limit the exercise of any power or authority conferred on its
police by this section.
(e) Existing and future municipal police service agreements
preserved.--Nothing in this section shall be construed to
restrict the authority of any municipality to maintain current
or to enter into new cooperative police service agreements with
another municipality or municipalities for purposes including,
but not limited to, describing conditions of mutual aid,
assigning liability and determining appropriate costs of these
cooperative efforts.
(July 1, 1987, P.L.180, No.21, eff. imd.; Dec. 22, 1989,
P.L.730, No.100, eff. 60 days)
1989 Amendment. Act 100 amended subsec. (d).
1987 Amendment. Act 21 amended subsec. (a)(3).
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Last modified: November 27, 2007 |
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