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(Click here to view the original thread on the MassCops Message Board)

Posted by: Kilvinsky

Since in one of the Threads in the Employment Section has touched on powers of arrest for college and university departments in other states, I figured I'd look up California. Man, if you think Mass. Law can be confusing, try finding something in California Law. Simple Chapter and Section isn't good enough for them. They have Titles, Sections, Parts, Articles, etc.

Anyway, here's the excerp from the California law.

830.7. The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 during the course and within the scope of their
employment, if they successfully complete a course in the exercise of
those powers pursuant to Section 832:
(b) Persons regularly employed as security officers for
independent institutions of higher education, recognized under
subdivision (b) of Section 66010 of the Education Code, if the
institution has concluded a memorandum of understanding, permitting
the exercise of that authority, with the sheriff or the chief of
police within whose jurisdiction the institution lies.

So, in other words, they aren't considered PEACE OFFICERS, but have PEACE OFFICER powers.

I've looked over NY state as well and that's an interesting one. Each institution that gets Peace Officer Status (which is LESS than Police Officer status) has it's own section in that part of the law.

Anyone know how any other states work?

Posted by: csauce777

Quote:

Originally Posted by Kilvinsky

Since in one of the Threads in the Employment Section has touched on powers of arrest for college and university departments in other states, I figured I'd look up California. Man, if you think Mass. Law can be confusing, try finding something in California Law. Simple Chapter and Section isn't good enough for them. They have Titles, Sections, Parts, Articles, etc.

Anyway, here's the excerp from the California law.

830.7. The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 during the course and within the scope of their
employment, if they successfully complete a course in the exercise of
those powers pursuant to Section 832:
(b) Persons regularly employed as security officers for
independent institutions of higher education, recognized under
subdivision (b) of Section 66010 of the Education Code, if the
institution has concluded a memorandum of understanding, permitting
the exercise of that authority, with the sheriff or the chief of
police within whose jurisdiction the institution lies.

So, in other words, they aren't considered PEACE OFFICERS, but have PEACE OFFICER powers.

I've looked over NY state as well and that's an interesting one. Each institution that gets Peace Officer Status (which is LESS than Police Officer status) has it's own section in that part of the law.

Anyone know how any other states work?

Kilvinsky,

During my time in California, I worked as an animal services officer for the second largest county in the state. During our academy (16 weeks FT), we completed the POST course you mentioned above. It's known in police circles as PC 832. It's the minimum level of training required by POST to be completed by animal services, lifeguards, transit enforcement, parking enforcement, etc, before being authorized to make an arrest using peace officer powers. The training is similar to the R/I academy here.

The way it works in California, is anyone, ANYONE, can make a private persons arrest (citizens arrest) also called a PPA, for any public offense committed in your presence. So for example, you're joe blow jogger and you see a homeless guy pissing in the street, you could detain him and wait for the police to respond. When they arrive, you would sign a complaint and they would take him into custody or give him a notice to appear. You as the citizen would then have to appear also to prosecute the case. You also face the possibility of civil law suits arising from false arrest claims.

This is different then what you mentioned above however. Private campus officers, lifeguards, transit enforcement, etc, are authorized under PC 830 to act as peace officers to effect an arrest, and therefor are protected just like peace officers from claims of false arrest, etc. For instance, a transit enforcement officer sees the same homeless guy pissing near a train. He arrests the guy or cites him and does all the paperwork himself, and doesnt require the police to respond. If the case goes south in court, as long as he had probable cause to make the arrest, he's safe from the law suit just like a police officer, and unlike the civilian who makes the same arrest.

When working for the county, we routinely answered calls from people who wanted to make a citizens arrest for something involving a dog shitting in their yard, being threatened by the dog or owner, etc. Police officers, and people acting as Peace officers are required to accept a private persons arrestee, or cite and release the offender. It was awkward telling some random dog owner that we were going to arrest/cite him/her because their neighbor said so. We also wrote affidavits for, and served our own search warrants regularly for dog fighting, cock fighting, and animal cruelty cases.

Another interesting thing in California, is that there are different types of peace officers. There are "full status" peace officers, and "limited status." Full status officers have police authority 24/7 on and off duty, while limited status such as reserve officers, have powers only while in uniform and on duty. Oddly enough, any police officer wishing to work side jobs doing security are required to have the proper permits issued by the state for OC and Baton just like private security officers, however they dont need them while on duty.

Anyway...enough rambling about a land far, far away...

Posted by: new guy

Good stuff guys. I believe that under California Penal Codes, officers for State Universities have full police authority on campus and up to one mile beyond. That's pretty progressive and a sensible way to allow campus PD's deal with the surrounding neighborhood issues which are usually the product of rowdy college kids without having to rely on being dual sworn.

Posted by: Kilvinsky

Thanks for that clarification csauce, I visit LOADS of department websites (I like doing the research and comparing) and find some very vague and some very precise in what they can and cannot do. I definately got the impression that, in CA, as far as the state schools go (I believe they have statewide authority) they are cutting edge, but private, it's chaotic. This confirms my impression that SOME private schools are similar in authority (stress SIMILAR) to police departments. That's great information. I'm going to add part of the job description from USF at the bottom of this.

Public Safety Officers possess Peace Office Powers of Arrest under authority of Section
830.7 of the California Penal Code. They are responsible for continuous patrol of the
University campus, initial response to all campus emergencies (including medical and
criminal), and the enforcement of University rules, regulations and applicable criminal
laws on campus. Officers enforce the California Vehicle Code on campus, arrest
offenders and provide a variety of service functions. Public Safety Officers are required
to work any shift in a 24 hour day, including holidays.

Very interesting.

So, now I've got to do some digging on other states. Thanks again csauce!

Posted by: Edmizer1

I took training class in the mid 90s when 22c Section 63 was ammended. At the time, the course said that campuses that derived their authority from it had "arrest authority" for criminal offenses and not "police authority". They basically had the power of regular police to make arrests while working as campus security officers. I know of a few cases where courts would not accept search warrant applications because of this. I also knew of at least one campus where the legal staff said that the campus officers should not be putting people in protective custody or "pink slip" because they had no authority to do so under 22C. The state came out with some CMRs that cleared up the warrant problem.

Posted by: Kilvinsky

Gee, we've served search warrants and pink slipped folks. We were told that, as "SPECIAL STATE POLICE" we were authorized to also serve any arrest warrant we had, anywhere in the Commonwealth.

Now I read that there was a kink in the system when the law was adopted. Damn, I'm glad it was cleared up and the clearing up part is why I maintain that, as bad as things might be here, we really are ahead of most states as far as private schools and hospital PDs are concerned. I don't recall any problems under the old Ch. 147 sec. 10G, I wonder why a new law would have been an issue?

The state offers this nice law but what is done with it is up to the individual institution.

Some go the whole nine yards, some sort of stick a toe on the first yard line and hope for the best.

Posted by: new guy

Quote:

Originally Posted by Kilvinsky

Thanks for that clarification csauce, I visit LOADS of department websites (I like doing the research and comparing) and find some very vague and some very precise in what they can and cannot do. I definately got the impression that, in CA, as far as the state schools go (I believe they have statewide authority) they are cutting edge, but private, it's chaotic. This confirms my impression that SOME private schools are similar in authority (stress SIMILAR) to police departments. That's great information. I'm going to add part of the job description from USF at the bottom of this.

Public Safety Officers possess Peace Office Powers of Arrest under authority of Section
830.7 of the California Penal Code. They are responsible for continuous patrol of the
University campus, initial response to all campus emergencies (including medical and
criminal), and the enforcement of University rules, regulations and applicable criminal
laws on campus. Officers enforce the California Vehicle Code on campus, arrest
offenders and provide a variety of service functions. Public Safety Officers are required
to work any shift in a 24 hour day, including holidays.

Very interesting.

So, now I've got to do some digging on other states. Thanks again csauce!

Kilvinsky, I believe you are correct regarding state wide authority under the California penal code. I was a little confused because the education code gives authority up to one mile surrounding campus. I got this one off the Sandiego State Campus PD website. I guess Mass isn't the only confusing state.

Jurisdiction: The primary jurisdiction of the UCSD Police Department is the University campus and one mile surrounding the campus, as indicated in the California Education Code section 92600.

Posted by: mpd61

Quote:

Originally Posted by Kilvinsky

Gee, we've served search warrants and pink slipped folks. We were told that, as "SPECIAL STATE POLICE" we were authorized to also serve any arrest warrant we had, anywhere in the Commonwealth.
Damn Straight Jim! As long as you notify the proper people first. We USED to do that Massasoit too! then things changed and...
I don't recall any problems under the old Ch. 147 sec. 10G, I wonder why a new law would have been an issue?
Damn Straight Jim! As long as you remember your history. MGL CH147/s10G which granted "Special Police" powers from the DPS, was replaced by shifting responsibility for same to the Colonel of the MSP under CH22C and letting him appoint "Special State Police Officers"
.

So endeth the lesson

Posted by: Kilvinsky

Quote:

Originally Posted by mpd61

So endeth the lesson

Damn Straight Scotty!

Posted by: csauce777

Quote:

Originally Posted by new guy

Kilvinsky, I believe you are correct regarding state wide authority under the California penal code. I was a little confused because the education code gives authority up to one mile surrounding campus. I got this one off the Sandiego State Campus PD website. I guess Mass isn't the only confusing state.

Jurisdiction: The primary jurisdiction of the UCSD Police Department is the University campus and one mile surrounding the campus, as indicated in the California Education Code section 92600.

San Diego is my home town, and in fact when I lived there again in 2001/2002, I lived less than a mile from the SDSU campus. The SDSU police routinely (read: daily) assisted SDPD with calls outside the campus on El Cajon Blvd, Montezuma Rd., etc. I've seen them conduct several felony stops near my house (yes I lived in the hood

). SDSU police are VERY squared away and have all the toys and tools.

Posted by: Kilvinsky

1713.50 Private college or university may establish campus police department.

This is the Ohio law that allows the individual PRIVATE college/university board of trustees (sounds like a bunch of cons who follow the rules!) to start a PD. No need to involve the Colonel. It's a little long, but a good read.

http://codes.ohio.gov/orc/1713.50

Posted by: Kilvinsky

Here's the New Jersey Law. This law is even better than the one we've got and WAY better than Missouri. The New Jersey law even mandates a training standard. I spent over an hour and 1/2 trying to even find a MO law. There doesn't seem to be one and man, their laws are a little confusing.

18A:6-4.1. Security officers of public and nonprofit educational institutions; training courses
Upon application to, and approval by, the Superintendent of State Police security officers of public and nonprofit educational institutions of this State may be admitted to training courses conducted by the Division of State Police for State, county and municipal law enforcement officers, provided that the costs of such training as determined by the superintendent shall be paid to the State Treasurer by the private nonprofit institutions sending security officers to such training courses.

L.1968, c. 197, s. 1, eff. July 19, 1968.

18A:6-4.2. Policemen; appointment by governing body of institution of learning
The governing body of any institution of higher education, academy, school or other institution of learning may appoint such persons as the governing body may designate to act as policemen for the institution.

L.1970, c. 211, s. 1, eff. Oct. 8, 1970.

18A:6-4.3. Application by policeman; approval; issuance of commission
All applications shall, in the first instance, be made to the chief of police of the municipality in which the institution is located, except that where the municipality does not have an organized full time police department or where the institution is located within more than one municipality, application shall be made to the Superintendent of State Police. The chief of police or the superintendent, as the case may be, shall investigate and determine the character, competency, integrity and fitness of the person or persons designated in the application. If the application is approved by the chief of police or the superintendent, the approved application shall be returned to the institution which shall issue a commission to the person appointed, a copy of which shall be filed in the office of the superintendent and with the chief of police of the municipality or municipalities in which such institution is located.

L.1970, c. 211, s. 2, eff. Oct. 8, 1970.

18A:6-4.3a Background investigations of university police officer candidates.

1.Notwithstanding the provisions of section 2 of P.L.1970, c.211 (C.18A:6-4.3) to the contrary, a college or university with an established police agency may conduct the complete investigation of an applicant's criminal history, character, competency, integrity and fitness required by that section.

L.2005,c.322,s.1.

18A:6-4.4. Police training course
Every person so appointed and commissioned shall, within 1 year of the date of his commission, successfully complete a police training course at a school approved and authorized by the Police Training Commission; provided, however, that the Police Training Commission may, in its discretion, except from the requirements of this section any person who demonstrates to the commission's satisfaction that he has successfully completed a police training course conducted by any Federal, State or other public or private agency, the requirements of which are substantially equivalent to the requirements of that at a school approved by the commission.

L.1970, c. 211, s. 3, eff. Oct. 8, 1970.

18A:6-4.5. Police powers
4. Every person so appointed and commissioned shall possess all the powers of policemen and constables in criminal cases and offenses against the law anywhere in the State of New Jersey, pursuant to any limitations as may be imposed by the governing body of the institution which appointed and commissioned the person.

L.1970,c.211, 4; amended 1985,c.376,s.2; 1991,c.327,s.1.

18A:6-4.6. Name plate and shield
Each policeman, when on duty, except when employed as a detective, shall wear in plain view a name plate and a metallic shield or device with the word "police" and the name or style of the institution for which he is appointed inscribed thereon.

L.1970, c. 211, s. 5, eff. Oct. 8, 1970.

18A:6-4.7. Traffic and parking violations; authority; procedure on issuance of tickets
In connection with traffic and parking violations, and policemen appointed pursuant to this act shall, while on duty and within the territorial limits of the municipalities in which the respective institutions are located, and with the concurrence of the chiefs of police of such municipalities have the power to enforce the laws regulating traffic and the operation of motor vehicles. Such policemen shall have authority to issue and use traffic tickets and summonses of the type now used by the New Jersey State Police with such changes as are necessitated by reason of this act. Upon the issuance of any traffic or parking ticket or summons, the same procedure shall be followed as now prevails in connection with the use of traffic and parking violation tickets by the municipalities of this State.

L.1970, c. 211, s. 6, eff. Oct. 8, 1970.

Posted by: Kilvinsky

This is a chart I pulled up from the Syracuse University Public Safety website. It explains the differences in authority. They went from "Enhanced Authority" to "Peace Officer Status" and as you can see, it gives them some powers we don't have and doesn't give them some we do have.

I just hope it's not too small to see, but then again, your computers are equipt to enlarge things...I'm not talking about porn either. Just click on it and then magnify it.

Attachment 830

Posted by: bikecop34

Quote:

Originally Posted by Kilvinsky

I spent five years working for a large university in upstate NY. There are technically four levels by state legislation. First is civilian, then adhanced authority, then peace officer, and finally police officer. And you are correct in that each institution that has peace officer status/authority was required to have a special act entered into the state legislation...and that's pretty difficult to do.

The differences between adhanced authority and police officers are actually only slight. Officers with adhanced authority have essentially the same authority, only on campus properties and they may not arrest on warrants. Also, the chain of custody for evidence is slightly different, as well (and five years later I can't recall specifically what those differences are).

The university I work for was adhanced authority until a student, working as a pizza delivery guy, was shot in the head during a drug deal gone bad. Oh, and I forgot one key point...the murder took place two blocks from the Chancelors house! Things changed fairly quickly after that and I'm happy to say that the department was also armed at the same time as peace officer status was enacted. I find it unfortunate that it took the death of a student to bring that department up to speed. Often colleges and university operate under the impression that "that could never happen here"...until it actually does.

Quote:

Originally Posted by Kilvinsky

This is a chart I pulled up from the Syracuse University Public Safety website. It explains the differences in authority. They went from "Enhanced Authority" to "Peace Officer Status" and as you can see, it gives them some powers we don't have and doesn't give them some we do have.

I just hope it's not too small to see, but then again, your computers are equipt to enlarge things...I'm not talking about porn either. Just click on it and then magnify it.

Attachment 830

Ah Kivinsky, I didn't see your post before I submitted mine. Cats outta the bag now I guess as far as which "large university in upstate NY" I was referring to. Oh well.

Posted by: Kilvinsky

HEY, bikecop....

Was it Colgate?

Aaaaaaaaaahahaha, kidding. That department that I think we're both speaking of seems very squared away and it seemed like they were well ahead of the Peace Officer thing.

The one thing that did always confuse me and don't take this as anything other than simple confusion; One of the things that I read when the change was happening or considered was the issue of lightbars. I recall that there was grave concern that the total lack of light bars had been considered a real hazard for the officers because they often had to respond to or came across traffic accidents or other situations where on-coming traffic might not see them and the hazard lights just didn't cut it. Hence, red emergency lights were needed.

If there was a serious concern, prior to the authorization for RED lights, wouldn't yellow (or possibly green) have been a viable altenative? Better than nothing, so to speak. Did they HAVE to wait and hope for RED? Ever since I read that (I wish I could recall where and what it was) that question has buzzed around my mind.

I'm just very glad for that department (and all of those who've achieved that status*) and wish them all luck.

*It seems that the only ones I know of are Syracuse Univ., Ithica College, Canisius College, Cornell Univ. (who use the word POLICE), and CUNY. Are there more?

Posted by: galehopeful

In Georgia, everyone must have POST certification to be a law enforcement officer. To become a deputy sheriff or police officer for any agency, you must attend a POST-certified academy. The state-run regional academies last 10 weeks. Large departments and the State Patrol run their own academies (like Boston) that last longer (5-6 months), but the certification their officers get is the same as the certification someone got in the 10 week class. So, if you are an Atlanta PO or a Georgia State Trooper, you have far more training but the same certification as the local sheriff or college cop. Georgia also allows people to self-sponsor, for the sum of about 3500 bucks.

With this system, even some of the smallest colleges have full-service police departments.

College officers are allowed to enforce all laws (including traffic laws) within 500 yards of property owned, rented, or occupied by the university. At the University I work at, many of the officers are sworn as sheriff's deputies and can conceivably enforce laws anywhere in the county.

Posted by: bikecop34

Quote:

Originally Posted by Kilvinsky

HEY, bikecop....

Was it Colgate?

Aaaaaaaaaahahaha, kidding. That department that I think we're both speaking of seems very squared away and it seemed like they were well ahead of the Peace Officer thing.

The one thing that did always confuse me and don't take this as anything other than simple confusion; One of the things that I read when the change was happening or considered was the issue of lightbars. I recall that there was grave concern that the total lack of light bars had been considered a real hazard for the officers because they often had to respond to or came across traffic accidents or other situations where on-coming traffic might not see them and the hazard lights just didn't cut it. Hence, red emergency lights were needed.

If there was a serious concern, prior to the authorization for RED lights, wouldn't yellow (or possibly green) have been a viable altenative? Better than nothing, so to speak. Did they HAVE to wait and hope for RED? Ever since I read that (I wish I could recall where and what it was) that question has buzzed around my mind.

I'm just very glad for that department (and all of those who've achieved that status*) and wish them all luck.

*It seems that the only ones I know of are Syracuse Univ., Ithica College, Canisius College, Cornell Univ. (who use the word POLICE), and CUNY. Are there more?

Actually, SU does not use the word "Police". They go by the Department of Public Safety and yes, they are extremely squared away. That department is larger than any I have worked for...past or present. It really is like its own city.

The thing with the lights was an issue when I was there. From what I remember, it was a wait/all or nothing situation. Only police and fire are authorized by NY Penal Law to possess or use red lights. Here's the funny part...SU has its own "Fire Department", which had the state given authority to use red lights. They could have granted authority to the Dept of Public Safety, but felt that might jam them up should anything ever go wrong. It was weird, I admit, being in a pursuit at the request of/and assisting the city cops while having to rapidly flash your high beams to warn traffic (true story). In hindsight, it was stupid! But then again, we were often asked to do stupid things beyond what we should have been doing. On more than one occasion, officers (including myself) were instructed to conduct motor vehicle stops WITHOUT lights or firearms. But we did what we did because we knew the situations dictated that we had to...it wasn't us just running around like idiots...it was in emergency situations only. Though even having lights of any kind for motor vehicle accidents (which are frequent in upstate NY) would have been nice. Imagine being out there in five feet of snow, middle of the night, and no emergency lighting. Good times I tell ya! But please don't get me wrong...I loved working there and sometimes even miss it (just not the weather!)

Posted by: Kilvinsky

Bikecop, I just re-read your post. Man, I fully understand about doing ‘stupid stuff.’ We’ve all done it when it seemed warranted and we’ll all do it again at some point, I’m sure. Sometimes you find yourself in a corner and don’t have a lot of choice or worse, you’re TOLD to do it, but since it’s not in writing so if anything goes horribly wrong….

My family has friends who used to live up there in Fayetteville and I know all about how the weather is. Brrrrrrrrrrrrrrrr, even in July!

Posted by: Kilvinsky

Texas has one of the best laws on the books that I've read. People always talk about how progressive California is but it doesn't come close to Texas.

Here's the the link if anyone wants to read the law. It's just a bit too long to simply post here and there's lots of extras.

http://tlo2.tlc.state.tx.us/statutes....htm#51.212.00

Posted by: bikecop34

Quote:

Originally Posted by Kilvinsky

Bikecop, I just re-read your post. Man, I fully understand about doing ‘stupid stuff.’ We’ve all done it when it seemed warranted and we’ll all do it again at some point, I’m sure. Sometimes you find yourself in a corner and don’t have a lot of choice or worse, you’re TOLD to do it, but since it’s not in writing so if anything goes horribly wrong….

My family has friends who used to live up there in Fayetteville and I know all about how the weather is. Brrrrrrrrrrrrrrrr, even in July!

Kilvinsky...

You are absolutely right. We do what we do, not for the fun of it or the glory, but because we know we have to! How could you not act, when you know morally you should, and then live with yourself after? At least those were the thoughts in my head whenever those "gray area" situations came up.

You wanna talk about insane weather? True story...it once snowed on the 4th of July in Syracuse. I believe it was in 1992 maybe...before my time though. Everyone should spend a winter in upstate NY...makes you appreciate how mild New England weather is!

Posted by: Kilvinsky

Quote:

Originally Posted by bikecop34

You wanna talk about insane weather? True story...it once snowed on the 4th of July in Syracuse. I believe it was in 1992 maybe...before my time though. Everyone should spend a winter in upstate NY...makes you appreciate how mild New England weather is!

In 2002, my son and I took a trip to NYC for April Vacation. We packed and dressed for April vacation, mild weather clothing. We baked like lobsters it was so damn hot the three days we were there. The ONLY time it was comfortable was on the boat to Liberty and Ellis Islands.

Two years ago, my wife and I took my daughter and a friend of hers to Niagara Falls for April Vacation and we packed and dressed for April Vacation. We froze our asses off. Good time over all, but man, I will NEVER visit New York again in April! I'd rather go to Maine!

Now I know why you moved down here. You did move down here, right? lol

Posted by: Kilvinsky

Rhode Island has a very nice simple law covering private college/university police that is somewhat similar to Mass. I find it odd that Brown University is the ONLY Private university with a PD even though this law is apparently open to anyone.

http://www.rilin.state.ri.us/Statute...-2.1/INDEX.HTM

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