Travelers A and B are waiting in line at a border patrol checkpoint, when traveler B attempts to steal something of traveler A's. Can a Border Patrol officer intervene, or would they have to summon a state/city/county peace officer? Would the crime be prosecuted and tried under federal law or state law?
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1Why is Colorado tagged? It doesn't have a border. Are you asking about airports?– Azor Ahai -him-Jan 20, 2021 at 0:32
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@AzorAhai-him- Sure. I just tagged Colorado because it's my home state.– moonman239Jan 20, 2021 at 0:35
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1What relevance does Colorado have to the question?– user4657Jan 20, 2021 at 2:24
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1Are you asking about internal checkpoints operated by the US Border Patrol or external border ports of entry operated by Customs and Border Protection field officers?– phoogJan 20, 2021 at 4:31
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1 Answer
Can a Border Patrol officer intervene
Yes.
Would they have to summon a state/city/county peace officer?
If no federal law was violated (see below), then yes. If both federal and state laws were violated then they could still choose to let the state take the case.
Would the crime be prosecuted and tried under federal law or state law?
State law, most likely. Federal laws against theft and robbery apply only in certain specific contexts.
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@moonman239 it's not clear to me whether the Assimilative Crimes Act would apply -- it probably wouldn't to people waiting on the highway behind a USBP checkpoint, but maybe it would to those inside the checkpoint facility or to those at a port of entry. There is still concurrent jurisdiction at those places, however, so the feds could let the state take over, as mentioned in the answer. In other words, where the ACA applies it affects the analysis of the condition "if federal law was violated" but otherwise doesn't change the answer.– phoogSep 19 at 7:54