Can a Mississippi Highway Patrol officer use radar and ticket on city streets in larger Mississippi cities, and what other traffic offenses can they enforce?

Plain-English summary

Lauderdale County's prosecuting attorney asked ten questions about Mississippi Highway Patrol jurisdiction, focused on whether troopers can use radar in larger cities and what other traffic enforcement they can do.

The AG's answers turn on a 2021 legislative change and a longstanding interpretive line.

Radar authority (Questions 1-3): Effective July 1, 2021, Senate Bill 2788 (2020 Regular Session) removed the prohibition on the Highway Patrol setting up radar in municipalities over 15,000 population. Section 63-3-519, as amended, makes it unlawful for "any person or peace officer or law enforcement agency, except the Mississippi Highway Safety Patrol, to purchase or use or allow to be used any type of radar speed detection equipment upon any public street, road or highway of this state" (with specific exceptions for municipal officers in cities of 2,000+ on city streets, university campus police on campuses with 2,000+ students, and municipal officers in cities of 15,000+ on federally designated highways). The phrase "except the Mississippi Highway Safety Patrol" in the lead-in gives the Patrol broad radar authority statewide.

So a Highway Patrol officer can use radar on any public street, road, or highway in Mississippi, whether stationary or moving, on or off a state highway, in cities of any size including those over 15,000. To the extent that prior opinions (the AG cited Hudson, February 7, 1997) conflict with this current law, those prior opinions are modified.

Non-radar traffic enforcement (Questions 4-7): The Highway Patrol's authority depends on the offense and the location.

• Section 45-3-21(1)(a): Authority to enforce traffic laws on highways of the state highway system and the rights-of-way; pursuit can extend off the system if a chase begins there.
• Section 45-3-21(1)(f): Authority to arrest without warrant for any misdemeanor, felony, or breach of the peace in their presence or view, anywhere in the state. This is broader than the on-system authority.
• Section 45-3-3(b) defines "highway" for Title 45 purposes broadly: "every way or place of whatever nature open to the use of the public for the purpose of vehicular travel, and shall include streets of municipalities."

Combined: A Highway Patrol officer can stop and ticket for traffic violations in their presence, even within city limits, even off the state highway system. The location and on-vs.-off-highway question matters less than the in-presence requirement.

General police powers (Questions 8-10): Section 45-3-21(1)(f) provides "Nothing herein shall be construed as granting the Mississippi Highway Safety Patrol general police powers." The Mississippi Supreme Court in Smith v. Rankin County, 45 So. 2d 592 (Miss. 1950), held that "highway patrolmen are not peace officers within the sense that sheriffs, constables and policemen are such to enforce general laws of state, but act within the limited sphere of authority granted under statute defining their powers and duties."

So while the Highway Patrol can arrest for in-presence offenses, they cannot conduct general law enforcement (no warrant authority for offenses outside their statutory sphere, no general investigative authority, no proactive enforcement of all state laws). They are statutory officers with bounded authority. The 1990 Huffman opinion (the AG confirmed it remains the office's view) describes the in-presence arrest authority and is not overruled.

The AG declined to define "general police powers" exhaustively or list misdemeanors not within them. Those questions are too broad for an official opinion.

What this means for you

For Mississippi Highway Patrol officers

Your radar authority changed in mid-2021. You can now run radar on any public road, including city streets, in cities of any size. You can be stationary or moving. You are no longer restricted from cities over 15,000.

Your traffic-stop authority extends beyond radar:

• On the state highway system (and rights-of-way): full traffic-law enforcement
• In your presence anywhere in the state: arrest for any misdemeanor, felony, or breach of the peace
• In hot pursuit: continue the pursuit and apprehend regardless of where the chase goes

What you cannot do: act as a general peace officer. You do not have warrant-execution authority for non-Patrol cases, you do not investigate non-traffic crimes proactively, and you do not have the broad authority of sheriffs and city police.

For Mississippi prosecutors

The 2021 amendment to Section 63-3-519 expanded the cases you may see. Highway Patrol radar tickets in cities over 15,000 are now valid; pre-2021 prohibitions no longer apply. If a defense lawyer challenges based on the old prohibition, the response is the statutory amendment.

For non-radar tickets and arrests, the in-presence rule under Section 45-3-21(1)(f) is the key. If the Patrol officer arrested for an offense not in their presence (e.g., responding to a dispatched call about an offense), the authority is more limited. You may need to consult with the AG's office or counsel on borderline cases.

For criminal defense attorneys

If your client has a Highway Patrol ticket from a city over 15,000 issued before July 1, 2021, the old prohibition may still apply (depending on the date of the offense). Check the date carefully.

For tickets after July 1, 2021, the radar-jurisdiction defense is no longer available. Other defenses (radar calibration, line-of-sight issues, target-tracking error) remain.

For arrests by Highway Patrol for offenses outside their statutory authority, challenge under Smith v. Rankin County. The Patrol's authority is limited; arrests outside the limits may be invalid.

For municipal law enforcement

The Highway Patrol's expanded radar authority does not displace your authority. You retain primary jurisdiction within your city. The amendment lets the Patrol supplement enforcement, particularly on through-traffic and interstate routes.

For coordination, mutual-aid agreements with the Patrol can clarify roles. Some jurisdictions have established practice (Patrol focuses on through traffic, city police on local).

For drivers facing radar tickets

If a Highway Patrol officer issued you a radar ticket on a city street in a city over 15,000 after July 1, 2021, the radar use itself is now legal. Your defenses are typical traffic-court arguments: speedometer accuracy, equipment calibration, identifying the right vehicle, etc.

If your ticket is from before July 1, 2021, the old prohibition may apply, and you may have a jurisdictional defense. Consult a traffic attorney for case-specific analysis.

For state legislators

The 2021 change reflects a policy choice: extend Highway Patrol radar authority statewide. The change responds to enforcement gaps in mid-sized cities and the Patrol's mobility advantage. Future amendments could narrow or broaden this; the AG opinion documents the current state of the law.

Common questions

Q: When did the radar prohibition end?
A: July 1, 2021, when Senate Bill 2788 took effect.

Q: Can the Highway Patrol use radar on city streets in cities under 2,000?
A: Yes. The Patrol's authority is statewide (no city-size restriction). The 2,000-population threshold is for municipal officers' radar authority, not the Patrol's.

Q: Can college campus police use radar?
A: Yes, on campuses with 2,000 or more students. (Section 63-3-519(b).)

Q: Are there still places where the Patrol cannot use radar?
A: Private property, perhaps. The statute speaks of "public street, road or highway." Private roads are not covered. Otherwise, the Patrol has statewide public-road radar authority.

Q: What is "general police powers"?
A: The phrase is not precisely defined. The Smith v. Rankin County case held that the Patrol does not have the general law-enforcement authority of sheriffs, constables, and city police. This means the Patrol cannot conduct broad investigations, execute search warrants, or enforce all state laws as primary law enforcement. They can only act within their specific statutory authority (traffic enforcement on highways, in-presence arrests, etc.).

Q: Can the Patrol enforce non-traffic laws?
A: Within their statutory authority, yes. Section 45-3-21(1)(f) allows arrest for any misdemeanor, felony, or breach of the peace in their presence. So if a Patrol officer is on duty and witnesses a non-traffic crime (e.g., a fight, a drug transaction), they can make an arrest. They cannot generally investigate non-traffic crimes proactively.

Q: Can the Patrol issue citations for non-traffic violations?
A: Citations for offenses they observe and have authority to address (under Title 45 or Title 63 or in-presence arrest authority). Specific minor offenses outside this sphere may be outside their authority.

Q: Does the Patrol have authority on Indian reservations or federal lands?
A: Indian reservations have complex jurisdictional rules. Federal lands have separate enforcement. State Patrol authority on these lands depends on agreements and federal law. The 2021 opinion does not address this.

Q: Can the Patrol assist municipal police on request?
A: Yes. Mutual-aid arrangements and specific requests for assistance fall within the Patrol's authority. The Patrol can act in support of other law enforcement within the bounds of state law.

Q: What is the citizen's-arrest reference about?
A: Section 99-3-7 allows any private person to arrest for crimes committed in their presence. The Patrol's authority is independent of citizen's arrest. The AG noted this in the opinion to clarify that the Patrol's specific statutory authority is what governs, not the citizen's-arrest provisions.

Background and statutory framework

The Highway Patrol is a state law-enforcement agency with focused responsibilities on Mississippi's highways. The Patrol's authority comes from Title 45, Chapter 3 (powers and duties) and Title 63, Chapter 3 (specific traffic-law authorities including radar).

The "general police powers" exclusion has been longstanding. Smith v. Rankin County (1950) held the Patrol acts within "the limited sphere of authority granted under statute defining their powers and duties." This limited-statutory-officer characterization is repeated in many AG opinions and limits the Patrol's reach to what statutes specifically authorize.

The 1997 Hudson opinion, modified by the 2021 Horne opinion, addressed the pre-amendment radar restriction. Hudson interpreted the old language ("The Mississippi Highway Safety Patrol will not set up radar on highways within municipalities with a population in excess of fifteen thousand") as a real prohibition. The 2020 legislative session removed that prohibition. The 2021 Horne opinion brings AG guidance into line with the new statute.

The "highway" definitions in Title 45 (Section 45-3-3(b)) and Title 63 (Section 63-3-125(a) and Section 63-3-502(1)(c)) are broad and include municipal streets. So Patrol authority that turns on being on a "highway" extends to municipal streets.

The in-presence arrest authority under Section 45-3-21(1)(f) is broader than highway-specific authority. The Patrol can arrest for any misdemeanor, felony, or breach of the peace in their presence anywhere in Mississippi. The 1990 Huffman opinion confirmed this and remains the AG's view.

The combined authorities mean the Patrol is not restricted to highways, but its authority off-highway is bounded by the in-presence requirement. They cannot proactively investigate or enforce general law off-highway; they can only act on what they witness.

Citations and references

Statutes:
- Miss. Code Ann. § 45-3-3, definitions for Title 45 (including broad definition of "highway")
- Miss. Code Ann. § 45-3-21, Highway Patrol powers and duties
- Miss. Code Ann. § 63-3-125, definitions for Title 63
- Miss. Code Ann. § 63-3-502, definitions for Title 63 Chapter 3
- Miss. Code Ann. § 63-3-519, radar speed detection equipment authority and restrictions
- Miss. Code Ann. § 99-3-7, citizen's arrest authority (referenced for clarification)

Case:
- Smith v. Rankin County, 45 So. 2d 592 (Miss. 1950), Highway Patrol officers act within limited sphere of statutory authority; not general peace officers

Mississippi legislative action:
- Senate Bill 2788, 2020 Regular Session, effective July 1, 2021, amending Section 63-3-519 to remove prohibition on Highway Patrol radar in cities over 15,000

Prior AG opinions cited:
- MS AG Op., Barrett (Aug. 29, 1984), AG declines overly broad questions
- MS AG Op., Huffman (June 8, 1990), Highway Patrol may arrest for in-presence offenses anywhere in Mississippi
- MS AG Op., Hudson (Feb. 7, 1997), modified by 2021 amendment to Section 63-3-519

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2021/12/T.Horne-December-7-2021-Highway-Patrol-Jurisdiction.pdf

Original opinion text

December 7, 2021

Tommy Horne, Esq.
Lauderdale County Prosecuting Attorney
Post Office Box 1252
Meridian, Mississippi 39302

Re: Highway Patrol Jurisdiction

Dear Mr. Horne:

The Office of the Attorney General has received your request for an official opinion.

Questions Presented

In your request, you ask several questions, which are answered in sequence below.[^1]

1. Under Mississippi Code Annotated Section 63-3-519, may a Highway Patrolman ("HWP") issue a speeding ticket, premised on radar equipment, to a motorist within a city of over 15,000 while sitting stationary within said city limits on a state highway or right of way?

2. Under Section 63-3-519, may a HWP issue a speeding ticket, premised on radar equipment, to a motorist within a city of over 15,000 while sitting stationary within said city limits while NOT on a state highway but rather on a city street?

3. Under Section 63-3-519, may a HWP issue a speeding ticket, premised on radar equipment, to a motorist within a city of over 15,000 while HWP is moving/driving (not stationary) within said city limits?

4. Under Section 45-3-21, may a HWP stop a motorist and issue a non-speeding/non-radar traffic violation ticket (e.g., any Rules of the Road under Miss. Code Ann. Ch. 63-3) occurring in the HWP's presence inside a city but while NOT on a highway or right of way?

5. Under Section 45-3-21, may a HWP stop a motorist and issue a non-speeding/non-radar traffic violation ticket (e.g., any Rules of the Road) occurring in the HWP's presence inside a city but while ON a highway or right of way?

6. Under Section 45-3-21, must there be a "pursuit" (with a fleeing offender) for a HWP to stop a motorist within the city limits (not on a highway or right of way) to issue him a ticket when the offense first occurred in the HWP's presence on a state highway or right of way?

7. Under Section 45-3-21, may a HWP stop and issue a ticket for any traffic violation committed in the HWP's presence within the city limits while neither party (suspect or HWP) ever being on a highway or right of way in the first place or at any time?

8. Where are "general police powers" defined in Mississippi law? Section 45-3-21(1)(f) expressly denies HWP of "general police powers." See also Miss. A.G. No. WL 54765 (Huffman, 1990).

9. What kind of misdemeanors does "general police powers" not encompass under Mississippi Law?

10. Is the Miss. A.G. Op. No. WL 547865 (Huffman, 1990) still valid or has it been withdrawn by your Office or superseded by any subsequent official opinion?

Brief Response

1. Yes. Pursuant to Section 63-3-519, the Mississippi Highway Patrol has authority to use radar speed detection equipment upon any public street, road or highway in the state. By legislative amendment made during the 2021 Regular Session, the Legislature removed from Section 63-3-519 the express prohibition on the Mississippi Highway Safety Patrol "sett[ing] up radar on highways within municipalities with a population in excess of fifteen thousand according to the latest federal census."

2. Yes. See Response 1.

3. Yes. See Response 1.

4. The definition of "highway" applicable to Title 45, Section 3 provides: "(t)he term 'highway' means every way or place of whatever nature open to the use of the public for the purpose of vehicular travel, and shall include streets of municipalities." Miss. Code Ann. § 45-3-3(b). This question must be answered with this broad definition of "highway" in mind. In addition to the authority granted under Section 45-3-21(1)(a), pursuant to Section 45-3-21(1)(f), a highway patrolman may also arrest a person "committing or attempting to commit any misdemeanor, felony or breach of the peace within their presence or view" regardless of whether the offense occurred on the highway or right of way. However, please note that this section also provides that: "Nothing herein shall be construed as granting the Mississippi Highway Safety Patrol general police powers." They may only act within the limited sphere of authority granted under statute defining their powers and duties. Smith v. Rankin County, 45 So. 2d 592 (Miss. 1950).

5. Yes. Please see Response 4.

6. No. Please see Response 4.

7. Please see Response 4. Municipal streets are included within the applicable definition of highway.

8. The Mississippi Supreme Court has held that highway patrolmen are not peace officers within the sense that sheriffs, constables and policemen are such to enforce general laws of state, but act within the limited sphere of authority granted under statute defining their powers and duties. Smith v. Rankin County, 45 So. 2d 592 (Miss. 1950). You may wish to contact the Department of Public Safety to further discuss the specific authority of the Mississippi Highway Safety Patrol.

9. Please see Response 8. This question is too broad to answer by official opinion. It is beyond the scope of an official opinion to attempt to list all misdemeanors that are not encompassed in general police powers.

10. According to MS AG Op., Huffman (June 8, 1990), "a highway patrol officer may make an arrest for a misdemeanor, felony or breach of the peace committed in his or her presence anywhere in the State of Mississippi" pursuant to Section 45-3-21(a)(vi). For the reasons stated in this opinion and those outlined in Huffman, this remains the opinion of this office.

Applicable Law and Discussion

With respect to your first three questions, effective July 1, 2021, Section 63-3-519, as amended by Senate Bill 2788, 2020 Regular Session, provides:

It shall be unlawful for any person or peace officer or law enforcement agency, except the Mississippi Highway Safety Patrol, to purchase or use or allow to be used any type of radar speed detection equipment upon any public street, road or highway of this state. However, such equipment may be used:

(a) By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more upon the public streets of the municipality;

(b) By any college or university campus police force within the confines of any campus wherein more than two thousand (2,000) students are enrolled;

(c) By municipal law enforcement officers in any municipality having a population in excess of fifteen thousand (15,000) according to the latest federal census on federally designated highways lying within the corporate limits.

The Mississippi Highway Safety Patrol shall be immediately notified by municipal law enforcement of any road blockages or emergencies occurring on any federally designated limited-access highways lying within the corporate limits.[^2]

Plainly, the Mississippi Highway Patrol has authority to use radar speed detection equipment upon any public street, road or highway in the state.[^3] Notably, the above cited statute specifically limits the "use" of radar equipment by municipal law enforcement and college or university campus police. However, with respect to the Mississippi Highway Safety Patrol, following the amendment to Section 63-3-519 during the 2021 Regular Legislative Session, the statute provides no such restriction. To the extent that prior opinions of this office, including MS AG Op., Hudson (February 7, 1997), conflict with current law and this opinion, such prior opinions are hereby modified accordingly.

Turning to your fourth, fifth, sixth, and seventh questions, with respect to Title 45, Chapter 3, "[t]he term 'highway' means every way or place of whatever nature open to the use of the public for the purpose of vehicular travel, and shall include streets of municipalities." Miss. Code Ann. Section 45-3-3(b). Similarly, Section 63-3-502(1)(c) provides that "street or highway" means "the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic." Notably, municipal streets are included in both definitions of "highway."

Section 45-3-21(1) specifically grants the Highway Safety Patrol the following power:

(a) To enforce all of the traffic laws, rules and regulations of the State of Mississippi upon all highways of the state highway system and the rights-of-way of such highways; provided, however, that if any person commits an offense upon the state highway system and be pursued by a member of the Highway Safety Patrol, such patrol officer may pursue and apprehend such offender upon any of the highways or public roads of this state, or to any other place to which such offender may flee.

. . .

(f) To arrest without warrant any person or persons committing or attempting to commit any misdemeanor, felony or breach of the peace within their presence or view, and to pursue and so arrest any person committing such an offense to and at any place in the State of Mississippi where he may go or be. Nothing herein shall be construed as granting the Mississippi Highway Safety Patrol general police powers.

Your eighth question seeks a definition of the term "general police powers," noting that Section 45-3-21(1)(f) expressly denies a highway patrolman of such powers. We find no precise definition of this term. However, the Mississippi Supreme Court has held that highway patrolmen are not peace officers within the sense that sheriffs, constables and policemen are such to enforce general laws of state, but act within the limited sphere of authority granted under statute defining their powers and duties. Smith v. Rankin County, 45 So. 2d 592 (Miss. 1950). You may wish to contact the Department of Public Safety to further discuss the specific authority of the Mississippi Highway Safety Patrol.

Your ninth question asks this office to identify any kind of misdemeanors not encompassed by the term "general police powers." This question is too broad to answer by official opinion. See MS AG Op., Barrett at *1 (Aug. 29, 1984) (refusing to respond by official opinion on the basis that the question posed was overly broad). It is beyond the scope of an official opinion to attempt to list all misdemeanors that are not encompassed in general police powers.

Your tenth question relates to our opinion in MS AG Op., Huffman (June 8, 1990), which opined, in part, that "a highway patrol officer may make an arrest for a misdemeanor, felony or breach of the peace committed in his or her presence anywhere in the State of Mississippi," pursuant to Section 45-3-21(a)(vi). For the reasons stated in this opinion and those outlined in Huffman, this remains the opinion of this office.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General

[^1]: In your request, you reference Section 99-3-7, which provides, in part, for "citizen's arrest". However, any authority that a highway patrolman would have to make a citizen's arrest would be as a private person and is separate and independent from his role as a highway patrolman. A highway patrolman's authority as a law enforcement officer under the statutes discussed in this opinion is neither expanded nor limited by Section 99-3-7. This opinion addresses a highway patrolman's authority pursuant to Title 63, Chapter 3 and Title 45, Chapter 3. Any further discussion of citizen's arrest is outside the scope of this opinion.

[^2]: Prior to the enactment of Senate Bill 2788, this provision read: "The Mississippi Highway Safety Patrol will not set up radar on highways within municipalities with a population in excess of fifteen thousand (15,000) according to the latest federal census."

[^3]: The definition of "highway" applicable to Title 63, Chapter 3 is "the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic." Miss. Code Ann. § 63-3-125(a).