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Page v. State7/30/2001
ental unit by which he was appointed[.]" (Citations and punctuation omitted.) Hastings v. State, 211 Ga. App. 873, 874 (1) (441 SE2d 83) (1994). See OCGA § 40-13-30 ("officers of an incorporated municipality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other law"). "However, an exception to this rule is recognized in instances in which `hot pursuit' of an offender takes a municipal officer beyond his geographical limits in order to effectuate an arrest." (Citations omitted.) Poss v. State, 167 Ga. App. 86, 87 (1) (305 SE2d 884) (1983). Another exception applies specifically to moving violations: " n officer has authority to arrest a person accused of violating any law or ordinance governing the operation of a vehicle where the offense is committed in his presence regardless of territorial limitations." (Footnote and punctuation omitted.) State v. Gehris, 242 Ga. App. 384, 386 (528 SE2d 300) (2000).
As we emphasized in Poss v. State, the fact that an officer does not engage in a high speed chase in the pursuit of a driver does not necessarily mandate a finding that the stop and arrest beyond the officer's territorial limits was unauthorized under the "hot pursuit" doctrine. 167 Ga. App. at 87 (1). Nor is there any requirement that the officer activate emergency lights or a siren before leaving his jurisdictional territory. " he critical elements characterizing `hot pursuit' are the continuity and immediacy of the pursuit, rather than merely the rate of speed at which pursuit is made." Id. A pursuing officer may, and should, wait to stop and arrest a suspect "at the first opportunity for doing so which , under the circumstances, safe for all concerned -- [the suspect], the officers and other motorists." (Emphasis in original.) Id.
In this case, there is no question that, based upon Page's driving behavior in DeKalb County, the arresting officer had the legal authority to initiate a pursuit of Page, and, if necessary, to go outside of the county's geographic limits in order to effectuate an arrest.Gehris, 242 Ga. App. at 386; Hastings v. State, 211 Ga. App. at 874 (1); McLarty v. State, 176 Ga. App. at 435-36 (3); Poss v. State, 167 Ga. App. at 87-88 (1).
Judgment affirmed.
Johnson, P. J., and Ruffin, J., concur.
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