Could Campobello police enforce the law on Interstate 26 between mile markers 2 and 5?

Plain-English summary

A senator asked whether the Town of Campobello's police had law-enforcement authority on part of Interstate 26. After speaking with the town's mayor and police chief, the Attorney General said the town appeared to have authority between mile markers 2 and 5. The town had annexed the stretch from miles 3 to 5, bringing it within municipal limits. For miles 2 to 3, the town reported a contract with the Spartanburg County sheriff extending town-police jurisdiction.

The answer rested on those reported annexation and contract facts. It did not say that town police generally had authority on every stretch of the highway outside town limits.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Why did Campobello police have authority from mile markers 3 to 5? A: The town's officials told the Attorney General that the stretch had been annexed. The opinion cited municipal officers' authority within corporate limits.

Q: What supported authority from mile markers 2 to 3?
A: Town officials reported a contract with the Spartanburg County sheriff under the statute permitting agreed police protection in nearby unincorporated areas.

Q: Did the opinion decide jurisdiction outside mile markers 2 to 5? A: No. Its conclusion was limited to the reported annexed stretch and the area covered by the sheriff contract.

Background and statutory framework

The opinion quoted S.C. Code Ann. § 5-7-110 on municipal officers' powers inside municipal limits and § 5-7-30 on agreed police protection in nearby areas. Applying those provisions to the town officials' account of annexation and the sheriff agreement, it found apparent jurisdiction on the identified I-26 stretch.

Citations and references

Statutes: S.C. Code Ann. § 5-7-110; S.C. Code Ann. § 5-7-30.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-20-2009/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/reese-g-g-os-8779-5-20-09-campobello-law-enforcement-authority-i-26.pdf

Original opinion text

H EN RY M C M ASTER
ATl'ORNliY GENERAL

May 20, 2009

The Honorable Glenn G. Reese
Senator, District No. 11
P. 0. Box 142
Columbia, South Carolina 29202
Dear Senator Reese:
In a Jetter to this office you requested an opinion regarding the Jaw enforcement authority of the Town of Campobello as to areas of I-26. In reviewing your letter, I contacted the Mayor and Chief of Police of Campobello and was

informed that the Town of Campobello had in fact annexed the areas lying within the 3 mile marker to the 5 mile marker ofl-26 into the Town. Therefore, that area would be considered within the law enforcement jurisdiction of the Town police. See: S.C. Code Ann. § 5-7-110 (municipal police officers" ...shall exercise their powers on all private and public property within the corporate limits of the municipality...."). As to the areas between mile marker 2 and 3, I was also informed that the Town has entered into a contract with the Spartanburg County Sheriff pursuant to S.C. Code Ann.
§ 5-7-30 to expand the jurisdiction of the Town police. Such provision provides authority for a municipality to " ... providepoliceprotection in contiguous municipalities and in unincorporated areas located not more than three miles from the municipal limits upon the request and agreement of the governing body of such contiguous municipality or the county, including agreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officers shall has the full jurisdiction, authority, rights, privileges and immunities...which they have in the municipality...." Therefore, consistent with such understanding, in the opinion of this office, it appears that the Town of Campobello would have law enforcement authority in those areas between mile markers 2 and 5 ofI-26.

R EMBERT

c. D ENNIS B UILDING • POST OFACE Box 11549 • COLUMBIA. SC 292 11 -1549 • TELEPHONE 803-734-3970 • FACSIM ILE 803-253-6283

The Honorable Glenn G. Reese
Page2
May 20, 2009

With kind regards, I am,
Very truly yours,
Henry McMaster
Attorney General

By:

REVIEWED AND APPROVED BY:

.:i¥E,~

'R6kftD.Cook
Deputy Attorney General
cc:

The Honorable Ray Copeland
Mayor, Town of Campobello

Charles H. Richardson
Senior Assistant Attorney General