Can the police of a state arrest a state citizen in another state because this citizen did something (in the state where it is legal) which was illegal in one state ?

14 comments

1. No, they can’t.

2. > Can the police of a state arrest a state citizen in another state because this citizen did something (in the state where it is legal) which was illegal in one state ?

   As in Citizen A while in State A does something that’s illegal in State B so Police B from State B enter State A to arrest Citizen A?

   No.

   > Also, if someone does something legal in one state (while being in this state) but illegal in another state, would they be arrested if they then entered the state where it is illegal…

   Even if the police did know, which they wouldn’t, you didn’t commit any crime in their jurisdiction. They have nothing to arrest you on.

3. If I’m following your question correctly, no. I can’t even begin to imagine someone trying that, so the idea of police having to fend off police from another state is downright farcical. That sounds like some Sooper Trooper level comedy.

4. Nah, if you smoke weed in Washington, the Idaho police are not gonna arrest you lol. I would honestly be a lil cautious about smoking IN Idaho tho.

5. IANAL but the question depends on which jurisdiction it is and which way you’re asking. For instance, recreational marijuana is legal in New Mexico while marijuana is only legal for medicinal purposes in Texas. A Texan would not be arrested for smoking weed recreationally in New Mexico, however, a New Mexican could be(I don’t smoke but I knew people who did and they were never arrested so whether they would is a different question) when visiting Texas.

   There’s also the added wrinkle of federal law where marijuana is still illegal, however, due to a 10th Amendment doctrine known as anti-commandeering which basically says “Congress, you have to enforce your own laws. You can try to entice the states to play along with carrot and stick(a good example is the national drinking age which Congress tied to highway funding) but they don’t have to listen to you and you can’t force them to(Hawaii, for instance, for a long time ignored Congress because they valued the tourism dollars from a lower drinking age more than the highway funds.)” As a result, the feds have to use their own resources wisely and so weed is a de facto state issue, even as it technically is still illegal federally.

6. Looking at you, Las Vegas!

7. Police in Texas could not go into Louisiana and start arresting people for breaking Texas laws, state law enforcement jurisdiction generally ends at the state border. In general you cannot be punished for breaking a law in your state if you aren’t in that state – liquor cannot be sold on Sundays here in Texas, but if I go to Louisiana (where liquor can be sold on Sunday) and open a liquor store, Texas police will not arrest me.

8. The short answer is no.

   Criminal jurisdiction is based on where the crime is committed – and this is usually a local area, not just the state. State law enforcement typically only enforces laws on certain roadways and in unincorporated areas, and they otherwise often have jurisdiction over certain crimes, or crimes committed across multiple local jurisdictions. They can also usually be invited to investigate in a local jurisdiction that may not have the same resources.

   Citizenship only applies to the US. You are a “resident” of your state.

   Law enforcement from another state cannot come into a state and enforce their laws there, however, there is a process for extradition between states.

   There’s no need for police to ever have to “defend” a resident from police from another state because police from another state can’t enter a state to “catch” a fugitive.

9. Police can arrest anyone currently present in their state for doing something within that state’s borders which is illegal under that state’s laws. Without needing to get special permissions, that’s as far as their jurisdiction goes.

   And fyi you’re not a citizen of any state, just a resident.

10. Venue for a crime lies where the act was committed. Other than a conspiracy crime (and interstate conspiracies are usually prosecuted federally), the only way to commit a crime remotely is to use a telecommunications device.

    I’m a criminal defense lawyer.

11. Generally police only have power within their own jurisdiction. County sheriffs can only operate within their own county, state police only within their own state, etc. In certain rare cases, it is sometimes legal for a police officer to leave their jurisdiction if they’re in hot pursuit of a suspect, but those things don’t come up all that often.

    Generally if someone commits a crime and then flees to another state, the police of that state would arrest the suspect and send them back to their home state. There are some exceptions to this though, generally when it comes to heavily politicized topics like drugs or abortion.

12. Generally no, however if they are in hot pursuit (like in a car/foot chase) they can continue to actively pursue the suspect into another state until that state’s law enforcement can take over the pursuit.

    A lot of times they will radio ahead and coordinate with the state they are entering so someone is there right at the border to take over, but if not they don’t have to abandon the pursuit right at the state line and just let you go.

13. Police would not go into a jurisdiction that wasn’t their own and try to arrest someone for something that isn’t a crime in that jurisdiction.

    Like as an example in Maine marijuana is legal. I live by the border with NH. New Hampshire police could fine you for possession, or even arrest you if you tried to import marijuana from Maine into New Hampshire.

    But the New Hampshire police would have no authority or inclination to cross the border and try to enforce NH law in ME. There are some limited agreements between states for pursuing criminals across state lines but only for crimes both states recognize.

14. I think the best answer would be avoiding taxes.

    Technically you can go to Virginia and buy cigs with 5 cents a pack tax, and you can drive them into NY. But, if you get pulled over. The trooper is going to arrest you.

    Given bail reform, I doubt you stay long in the system though. I think they could seize your van though if you have enough cigs.

    Same if you go to NH and buy a bunch of alcohol for your bar. Totally legal in NH. They even build special stores on the border.