Landis

No appearance by Plaintiff and Respondent.

THE COURT. [*]

Appellant appeals his conviction of violation of Vehicle Code section 21453, subdivision (a), failure to stop for a red light. Appellant contends the trial court erroneously denied his Penal Code section 1118.1 motion, on grounds that the peace officer who cited him lacked authority to issue the citation for an infraction committed outside the political subdivision that employed the officer. [1]

This case presents an issue on which this court has found little published authority: whether a police officer may stop and cite a motorist for a minor traffic infraction committed in his or her presence but outside his or her territorial jurisdiction, pursuant to the provision in Penal Code section 830.1, subdivision (a)(3) that an officer's authority extends to any place in the state, "[a]s to any public offense committed ... in the peace officer's presence, and with respect to which there is immediate danger ... of the escape of the perpetrator of the offense."

While we conclude that a literal interpretation of the word "escape" could suggest that an officer's authority is sufficiently broad to encompass the citation at issue…