ATLANTA — A Monday morning ruling by the Georgia Supreme Court limits police power in traffic stops outside their agency’s jurisdiction.
The decision is tied to Zilke v. The State, which outlines a 2013 DUI arrest in which a Kennesaw State police officer stopped and investigated a drunk driver in an area 10 miles from campus.
“In our case, you had a Kennesaw State police officer doing the City of Marietta Police Department’s job,” said appellate attorney David Willingham.
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Willingham’s team argued that while the stop was lawful, the officer should have held the then-suspected drunk driver until Marietta police arrived.
Instead, the ruling describes the officer doing a breath test, citing and arresting the driver. Willingham adds the officer waved city police off.
Prior to Monday’s ruling, the law was muddy regarding an officer’s ability to further investigate a situation he or she witnessed outside of their department’s jurisdiction.
Most police agencies Channel 2 spoke with on Monday, including the Atlanta Police Department, said it was already in their policy to hold suspects outside their jurisdiction until the proper agency arrived to investigate.
“We never challenged the officer’s power to pull our client over, so we think that was right, and the right thing to do,” explained Willingham. “But what the law (now) does not authorize is that officer having the power to further investigate that person, gather evidence and make a custodial arrest. That’s the difference.”
Willingham’s team also argued the civil implications of policing outside of jurisdictions in the case of a mishap like a car crash.
“Who pays? Who pays?” he asked. “So there’s all sorts of messy complications that come along with an officer patrolling and making arrests outside of his neighborhood.”
The ruling does not limit pursuits that begin within an officer’s jurisdiction and end somewhere else. In the case of university police, the proper jurisdiction should be called in for stops 500 feet or farther from campus.
On Monday afternoon, Kennesaw State officials issued a statement on the ruling.
“Kennesaw State officials respect the ruling of the Supreme Court of Georgia,” the statement read. “We are reviewing the court’s decision and will meet with the appropriate offices to ensure that we are complying with the Court’s ruling.”