onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Statewide municipal police jurisdiction - 42 Pa. Cons. Stat. § 8953

Legal 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).
Section:  Previous  8924  8931  8932  8933  8934  8951  8952  8953  8954  9101  9102  9103  9104  9105  9106  Next

Last modified: November 27, 2007