Maney v. Montana

Petitioner, Patrick F. Maney, appeals from the Twelfth Judicial District Court, Hill County, order denying reinstatement of his driver’s license. We affirm.

The issues on appeal are:

1. Whether in making a lawfiil citizen’s arrest, a peace officer acting outside the officer’s territorial jurisdiction must transfer custody to another officer who has jurisdiction.

2. Whether the implied consent statutes apply when the arresting officer makes a lawful citizen’s arrest outside the officer’s territorial jurisdiction.

On October 11, 1991, Chinook City Police Officer Tim Gomke saw an approaching vehicle…