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State Police

Law enforcement agencies that work for the state government.

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What is meant by State Police?

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Bi-state police agencies are state-level law enforcement agencies that operate in two states. Officers of these agencies have full law enforcement powers and responsibilities in both states in which they operate. This includes the power to arrest, enforce local, state, and federal laws, conduct investigations, enforce moving violations, write traffic tickets, respond to emergencies, form mutual aid agreements, assist other agencies, testify in court, and more.

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Bi-state police authority was originally formed through an interstate compact (approved by US Congress) after the US Supreme Court ruled " that states could delegate their police power to an interstate compact commission because "the Framers of the Constitution intended the Compact Clause to allow the states to resolve interstate problems in diverse and creative ways" (Interstate Compacts: An Overview. (2025, May 28). https://www.congress.gov/crs-product/LSB10807). 

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Some bi-state police departments cite their authority as only coming from state and local laws. The legality of these departments hasn't been challenged yet, but courts are likely to rule in their favor, even without an interstate compact. This is because the Supreme Court interpreted "Congressional Consent" as only needed when compacts (and the organizations they create) increase the political power of the states while undermining federal sovereignty. Article I, Section 10, Clause 3 of the US Constitution says, "No State shall, without the Consent of Congress, ... enter into Any Agreement or Compact with another State, or with a foreign Power." 

 

*Mutual aid agreements may also grant law enforcement officers specific powers across state lines. Lookout Mountain, Georgia, and Lookout Mountain, Tennessee, police departments are examples, as each department can aid the other at any time.*

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