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MMLU / A uniformed United States Park Policeman pulled over a motorist for going…

Problem

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question

A uniformed United States Park Policeman pulled over a motorist for going through a red light. The man reacted gruffly, telling the officer that he had no authority to stop him. There was a brief scuffle, and the officer issued two more charges, for disorderly conduct and failure to obey an officer. Eventually, the defendant pled guilty to the red light citation and the other two charges were dismissed. He then filed a federal court action against the park policeman in which he asserted a Bivens civil rights claim for false arrest and malicious prosecution. The first legal theory was that the park officer lacked authority to stop the plaintiff on a New York street and arrest him for a state traffic violation. He claimed that the officer was outside of his federal park land jurisdiction. Will the court likely uphold the authority of the park police under these facts?

choices

  1. The U.S. Park Police have the authority to make a warrantless arrest for a state law violation because of statutory grants of authority from the various states.
  2. All federal officers can make arrests for all criminal offenses within a state's geographical jurisdiction under the priority status of federal law and federal law officers.
  3. The federal officer was way outside his scope of authority and he clearly cannot make an arrest outside of the confines of the federal park systems.
  4. The federal officer is allowed to arrest for homicide and serious felonies but cannot make traffic arrests within a state's geographical jurisdiction.

subject

professional_law

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