Can Local Police Stop Cars on the Freeway?

Yes. Local police can stop cars on the freeway or highway. In fact, any member of California law enforcement can generally enforce the laws anywhere in the state. This includes sheriffs, park rangers, harbor patrol, railroad police, and many other branches of law enforcement.

Why Can Police Stop Cars on the Freeway?

In California, almost all state and local law enforcement agencies have authority throughout the entire state. This means they can stop a vehicle on the freeway and can arrest persons for whom they have probable cause. For an exhaustive list, see Penal Code § 830-832.18.

Some of the better known state agencies are:1

  • California Highway Patrol
  • University of California Police
  • Cal State University Police
  • Department of Corrections and Rehabilitation
  • Department of Fish and Game
  • Department of Parks and Recreation
  • Department of Forestry and Fire Protection
  • Department of Alcoholic Beverage Control
  • California Exposition and State Fair Marshalls
  • Department of Cannabis Control

There are, however, many many more state agencies that have police authority throughout the state:

  • Department of Consumer Affairs2
  • Department of Motor Vehicles3
  • California Horse Racing Board4
  • Department of Housing and Community Development5
  • Department of Financial Protection and Innovation6
  • Department of Justice7

There are also many local agencies that have police powers anywhere in the state of California:

  • All county sheriffs and city police officers8
  • Community College Police9
  • Housing Authority Patrol Officers10
  • Municipal Security Officers11

Local agencies have some limits on their policing. Fore example, local police can only police:

  • Public offenses in their jurisdiction;
  • With permission from other law enforcement;
  • To prevent danger to person or property or escape of the perpetrator.

Three agencies from other states have limited police power to stop cars a freeway. They are the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, and the Arizona Department of Public Safety. These agencies have police powers up to 50 miles inside California if:

  • The California Highway Patrol requests their help, or
  • Law enforcement services are necessary to preserve life 12
  1. Penal Code § 830.2 ↩︎
  2. Penal Code § 830.3(a) ↩︎
  3. Penal Code § 830.3(c) ↩︎
  4. Penal Code § 830.3(d) ↩︎
  5. Penal Code § 830.3(j) ↩︎
  6. Penal Code § 830.3(l) ↩︎
  7. Penal Code § 830.1(b) ↩︎
  8. Penal Code § 830.1 ↩︎
  9. Penal Code § 830.32 ↩︎
  10. Penal Code § 830.31 ↩︎
  11. Penal Code § 830.34 ↩︎
  12. Penal Code § 830.39↩︎

Police Stops and Your Rights

tips on safely interacting with police during stops

Knowing your duties, rights, and law enforcement objectives can help you safely navigate an encounter with law enforcement. Below is a brief discussion of things to consider if the police stop you.

step 1: know your dutiespolice

police

Identify Yourself

You must identify yourself if police have probable cause to believe you committed a crime, have a warrant for your arrest, or are in violation of probation or parole.

Provide Your Driver’s License

You must provide your driver’s license if you are pulled over while driving.

Probation or Parole

You must admit that you are on probation or parole if doing so is a condition of your probation or parole.

step 2: know your rights

police

Remain Silent (5th Amendment)

Except for the duties above, you are not required to respond to questions.

Refuse Search (4th Amendment)

You do not have to allow police to search you, your possessions, or your vehicle, unless submitting to search is a condition of probation or parole.

Ask if You are Free to Leave (4th Amendment)

If you are not free to leave, law enforcement must have a reason for detaining you.

step 3: know the police

police

Authority

Authority figures do not like signs of disrespect, such as being ignored, or rude, impolite, or offensive behavior.

Crime-fighting

The modern policing focuses on crime-fighting. If police believe you are obstructing or delaying them from this objective, the could arrest you or use force against you.

Armed

Consider that most police are armed and some carry fully automatic assault weapons.

Immunity

Officers are immune to most civil lawsuit and rarely face criminal prosecution or internal discipline. Therefore, police have few if any consequences for harming you or violating your rights.

What Can I Say to Police?

  1. I respect law enforcement and the job you do.
  2. However, I am not going to consent to a search of myself, my property, or my vehicle.
  3. I will not resist you, but I will not consent to my detention, search, or seizure.
  4. Nor will I answer any questions without my lawyer present.
  5. With that being said, am I free to leave?

What Can I Do if Police Violated My Rights?

If you can prove police misconduct, the judge could dismiss your criminal case. You could also sue the law enforcement for violating your established constitutional rights.