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State v. Arroyos

5/23/2005

rd, who had jurisdictional authority, we conclude the district court erred in suppressing the evidence flowing from Deputy Girard's investigation, and we need not address the State's jurisdictional issue. See, e.g., Edwards v. State, 462 So. 2d 581, 582 (Fla. Dist. Ct. App. 1985) ("We cannot think of a more apt illustration of such breach of the individual and collective peace of the people . . . than to have a drunk driver at the wheel of a killing machine that is going all over the road and scaring oncoming drivers to death rather than killing them."); Molan v. State, 614 P.2d 79, 80 (Okla. Crim. App. 1980) ("This court has held that a law enforcement officer outside his jurisdiction may make a citizen's arrest."); State v. Johnson, 661 S.W.2d 854, 859 (Tenn. 1983) (acknowledging that a deputy acting outside of his territorial jurisdiction may be "limited to the authority of a private person" in making an arrest); State v. Harp, 534 P.2d 842, 844 (Wash. Ct. App. 1975) (concluding that an officer acting outside of his territorial jurisdiction could make an arrest as a private citizen could make a felony arrest upon probable cause as a private citizen). Accordingly, we hold that a law enforcement officer acting outside of his or her territorial jurisdiction has the same authority to arrest as does a private citizen.


CONCLUSION


{12} The decision of the district court is reversed, and the cause is remanded to the district court with instructions to vacate the order of dismissal, and to reinstate the cause for a trial on the merits.


{13} IT IS SO ORDERED.


IRA ROBINSON, Judge


WE CONCUR: A. JOSEPH ALARID, Judge, LYNN PICKARD, Judge.




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