DUI Arrest Michigan Made Outside of Officer's Jurisdiction - Are they allowed to arrest you for a drunk driving offense?

When a client is arrested for drunk driving it Michigan, we either see the Michigan State Police, a local sheriff’s department or a local city of township government making the arrest.  Some cases have multiple police agencies involved.  The question becomes, what power does a particular police agency have to make an arrest? Here are some general guidelines for Michigan, and how certain situations could open the possibility for a motion for an illegal arrest.  

In Michigan, a police officer can make an arrest outside of its jurisdiction if they are enforcing the state laws along with the Michigan State Police or with a local police agency of that area.  For example, a Novi police officer can operate outside of Novi if they are working with the Michigan State Police, or can operate in the City of Northville if working with that agency.  

Police officers may also act outside their jurisdiction if they witness a violation of the law inside of their own jurisdiction.  So with this example, the same Novi officer witnesses someone speeding in Novi, and they drive into Northville Township; the officer can continue to pursue and make a stop and an arrest.  

The issue comes when a police officer is outside their jurisdiction to begin with, and at that point pull someone over.  If this were to be the case for one of my client’s we would file a motion moving for a dismissal of charges due to an illegal arrest and seizure by the police officer.  We would move to have any evidence suppressed as well.  

The only way this last situation could be allowed is if the officer witnesses a felony in their presence.  If a prosecutor tried to charge my client with a third offense felony DUI after this sort of stop, I would still file a motion, because at the time of the stop/pursuit, the officer has no reason to believe the driver has prior offenses, and THIS one could be a felony.  If the officer claims the offense were fleeing and eluding, which is a felony, this would be a better reason for the stop, and might hold up in court . ​