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Ohio Revised Code

Ohio Rev. Code § 4513.39 (2026)

Making arrests on highways

✓ current as of May 2026
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Effective:
September 23, 2022
Latest Legislation:
House Bill 206 - 134th General Assembly
PDF:
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(A) The state highway patrol and sheriffs or their deputies shall exercise, to the exclusion of all other peace officers, except within municipal corporations and except as specified in divisions (B) and (C) of this section and division (E) of section 2935.03 of the Revised Code, the power to make arrests for violations on all state highways, of sections 4503.11, 4503.21, 4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40, 4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03 to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01, 4549.08 to 4549.12, and 4549.62 of the Revised Code.

(B) A member of the police force of a township police district created under section 505.48 of the Revised Code or of a joint police district created under section 505.482 of the Revised Code, and a township constable appointed pursuant to section 509.01 of the Revised Code, who has received a certificate from the Ohio peace officer training commission under section 109.75 of the Revised Code, shall exercise the power to make arrests for violations of those sections listed in division (A) of this section, other than sections 4513.33 and 4513.34 of the Revised Code, as follows:

(1) Except as specified in division (C) of this section, if the population of the township that created the township or joint police district served by the member's police force or the township that is served by the township constable is fifty thousand or less according to the most recent federal decennial census, the member or constable shall exercise that power on those portions of all state highways, including those highways that are part of the national highway system but that are not part of the interstate system, that are located within the township or joint police district, in the case of a member of a township or joint police district police force, or within the unincorporated territory of the township, in the case of a township constable.

(2) If the population of the township that created the township or joint police district served by the member's police force or the township that is served by the township constable is greater than fifty thousand according to the most recent federal decennial census, the member or constable shall exercise that power on those portions of all state highways, including any highway that is a part of the interstate highway system or otherwise a part of the national highway system, that are located within the township or joint police district, in the case of a member of a township or joint police district police force, or within the unincorporated territory of the township, in the case of a township constable.

(C) If the population of the township that created the township or joint police district served by the member's police force or the township that is served by the township constable is between five thousand and fifty thousand according to the most recent federal decennial census, the township board of trustees may adopt, and may subsequently rescind, a resolution authorizing a member or constable to make arrests for violations of those sections listed in division (A) of this section, other than sections 4513.33 and 4513.34 of the Revised Code, on any highway that meets all of the following conditions:

(1) The highway is a part of the interstate highway system.

(2) The highway is located within the township or joint police district, in the case of a member of a township or joint police district police force, or within the unincorporated territory of the township, in the case of a township constable.

(3)(a) There is a permanent access point on and off the highway open to the general public for the member or constable to use that is located within the township or joint police district, in the case of a member of a township or joint police district police force, or within the unincorporated territory of the township, in the case of a township constable.

(b) An access point specified by division (C)(3)(a) of this section that is available as of the effective date of this section remains an available access point for a member or constable even if the territory in which the access point is located is subsequently annexed by a municipal corporation.

Last updated July 14, 2022 at 12:55 PM

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1985–2024 · leading case: State v. Brown, 39 N.E.3d 496 (Ohio 2015).
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State v. Brown, 39 N.E.3d 496 (Ohio 2015). · cites it 5× “{¶ 8} We accepted the state’s discretionary appeal on the following proposition of law: “A violation of R.C. 4513.39 does not rise to the level of a constitutional violation under Article I, Section 14 of the Ohio Constitution or the Fourth Amendment to the United States…”
State v. Jones, 932 N.E.2d 904 (Ohio Ct. App. 2010). · cites it 4× “{¶ 2} Though we agree that the suppression of ill-gotten evidence vindicates a deprivation of a constitutional right, specifically appellant’s right to be free from unlawful searches and seizures under the Fourth Amendment to the United States Constitution and Section 14,…”
United States v. Delano, 543 F. Supp. 2d 791 (N.D. Ohio 2008). · cites it 6× “The United States makes a belated argument that the drugs found on Johnson would have been inevitably discovered. The argument is untimely, is unsupported by the evidence and does not persuade.”
State v. Armstrong, 2016 Ohio 2627 (Ohio Ct. App. 2016). “Pursuant to R.C. 4513.39(A), the state highway patrol has exclusive jurisdiction to make arrests, “except within municipal corporations and except as specified in division (B) of this section * * *.”
State v. Darga, 506 N.E.2d 266 (Ohio Ct. App. 1985). · cites it 3× “The court erred in holding that a township constable has the power to make traffic arrests for offenses not listed in O.R.C. 4513.39 and particularly for O.R.C.”
State v. Hull, 2020 Ohio 2895 (Ohio Ct. App. 2020). “39] thus precludes township police officers who are not commissioned peace officers from enforcing these traffic laws on any state highway, and commissioned peace officers serving a township with a population of 50,000 or less may not enforce these traffic laws on state highways…”
State v. Murchison, 596 N.E.2d 547 (Ohio Ct. App. 1991). · cites it 2× “02(A), which provides, in pertinent part, as follows: “The state highway patrol shall enforce the laws of the state relating to the titling, registration, and licensing of motor vehicles; enforce on all roads and highways, notwithstanding section 4513.39 of the Revised Code, the…”
State v. Lentine, 2017 Ohio 7356 (Ohio Ct. App. 2017). · cites it 4× “Revised Code Section 4513.39(A) provides that “[t]he state highway patrol and sheriffs or their deputies shall exercise, to the exclusion of all other peace officers * * *, the power to make arrests for violations on all state highways[.”
State v. Gonzalez, 2019 Ohio 1928 (Ohio Ct. App. 2019). “03 AND R.C. 4513.39 (1) THE TOWNSHIP POLICE OFFICER WAS OUTSIDE HIS TOWNSHIP’S TERRITORIAL JURISDICTION WHEN HE APPROACHED THE PARKED MOTOR VEHICLE IN WHICH DEFENDANT-APPELLANT WAS A PASSENGER; (2) THE TOWNSHIP OFFICER DID NOT OBSERVE AND WAS NOT AWARE OF ANY TRAFFIC VIOLATIONS,…”
State v. Dawley, 2016 Ohio 2904 (Ohio Ct. App. 2016). · cites it 3× “1 The Supreme Court of Ohio has construed R.C. 4513.39 to mean, “A township 1 Specifically, the statute precludes township police officers who are not commissioned peace officers, and commissioned peace officers serving a township with a population of fifty thousand or less from…”
Maumee v. Curran, 2017 Ohio 7008 (Ohio Ct. App. 2017). · cites it 3× “It is undisputed in this case that the ODNR peace officer made a stop and detention outside his territorial jurisdiction, in violation of R.C. 4513.39, and that none of the exceptions of R.”
State v. Weemhoff, 2022 Ohio 4263 (Ohio Ct. App. 2022). “The Ohio Supreme Court held that suppression of evidence obtained from the stop was proper stating, “A traffic stop for a minor misdemeanor made outside a police officer's statutory jurisdiction or authority violates the guarantee against unreasonable searches and seizures…”
Show all 16 citing cases →
— Ohio Rev. Code § 4513.39(A) — 5 cases
State v. Brown, 39 N.E.3d 496 (Ohio 2015). “{¶ 8} We accepted the state’s discretionary appeal on the following proposition of law: “A violation of R.C. 4513.39 does not rise to the level of a constitutional violation under Article I, Section 14 of the Ohio Constitution or the Fourth Amendment to the United States…”
State v. Armstrong, 2016 Ohio 2627 (Ohio Ct. App. 2016). “Pursuant to R.C. 4513.39(A), the state highway patrol has exclusive jurisdiction to make arrests, “except within municipal corporations and except as specified in division (B) of this section * * *.”
State v. Lentine, 2017 Ohio 7356 (Ohio Ct. App. 2017). “Revised Code Section 4513.39(A) provides that “[t]he state highway patrol and sheriffs or their deputies shall exercise, to the exclusion of all other peace officers * * *, the power to make arrests for violations on all state highways[.”
State v. Dawley, 2016 Ohio 2904 (Ohio Ct. App. 2016). “1 The Supreme Court of Ohio has construed R.C. 4513.39 to mean, “A township 1 Specifically, the statute precludes township police officers who are not commissioned peace officers, and commissioned peace officers serving a township with a population of fifty thousand or less from…”
Maumee v. Curran, 2017 Ohio 7008 (Ohio Ct. App. 2017). “It is undisputed in this case that the ODNR peace officer made a stop and detention outside his territorial jurisdiction, in violation of R.C. 4513.39, and that none of the exceptions of R.”
— Ohio Rev. Code § 4513.39(B) — 1 case
State v. Brown, 39 N.E.3d 496 (Ohio 2015). “{¶ 8} We accepted the state’s discretionary appeal on the following proposition of law: “A violation of R.C. 4513.39 does not rise to the level of a constitutional violation under Article I, Section 14 of the Ohio Constitution or the Fourth Amendment to the United States…”
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