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Main Page C22 s.63
(Click here to view the original thread on the MassCops Message Board)

Posted by: 5-0

I know that the law states that we have powers on lands, structures, etc... that are owned or occupied by the school or whatever. So, here is my question:

If a school occupies a couple offices in a building, or even a couple of floors, does your authority extend to the entire property? Or is it limited to those spaces specifically?

I am not talking about Young v. BU (I think that was the case) regarding a crime out of your jurisdiction that has a connection to your campus.

I am just wondering if there are any cases that have clarified the 'occupied' part of the law.

edit:
Chapter 22C: Section 63. Employees of colleges, universities, other educational institutions and hospitals; appointment as special officers

Section 63. The colonel may, upon such reasonable terms and conditions as may be prescribed by him, at the request of an officer of a college, university, other educational institution or hospital licensed pursuant to section fifty-one of chapter one hundred and eleven, appoint employees of such college, university, other educational institution or hospital as special state police officers. Such special state police officers shall serve for three years, subject to removal by the colonel, and they shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands or structures owned, used or occupied by such college, university, or other institution or hospital.
Each application for appointment as a special state police officer or a renewal thereof shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
The colonel may promulgate such rules and regulations as may be necessary to ensure proper standards of skill. Said rules and regulations shall conform to the provisions of chapter thirty A.

Posted by: mpd61

Strictly in the context of SSPO, you only have jurisdiction in offices or floors leased, owned etc. Of course if anything criminal begins within your jurisdiction, and you have a pursuit policy or practice, don't give up at the stairwell or front door.

Seriously though, I don't think theres been a case law on this yet. Plenty of Motor vehicle garbage out there though!

Posted by: Delta784

Quote:

Originally Posted by mpd61

Strictly in the context of SSPO, you only have jurisdiction in offices or floors leased, owned etc.

I think a good argument could be made that the sections which state "in or upon" & "owned, used or occupied" would cover the entire building.

If ABC University leases one floor of office space at a 10-story building at 123 Main Street, then the school is using and occupying space, so the campus police would have jurisdiction in the structure (building). To me, that means the whole thing.

Posted by: 5-0

I guess I'll have to find a way to push the issue...

Posted by: Edmizer1

There was a case a few years ago and I can't remember the name. It basically dealth with an arrest on a city street where basically the whole area was owned by the campus except for the public street. The judge said that if students commonly walked from one campus building to another one nearby then the city street in between would be considered "use" by the campus under 22c/63. This is my best memory of the case. It still sort of leaves it fuzzy. You'll probably be ok as long as you belong where you are patrolling. I used to work for a campus where we would get sent to calls *way* off campus where we obviously shouldn't have been. After years of fighting with the admin we eventually got sworn as sheriffs.

Posted by: The Jesters

Check your policy in regards to mutual aid with your local PD. If you have a good policy in place all it would take would be a phone call to their dispatch as you are on "patrol" of your jurisdiction when you see something and they can give you the OK to act on it.

Posted by: union1

More importantly, does your Chief say you have Jurisdiction? If He/She says you do then act on it. If they say you dont, dont risk your job on it.

Posted by: 94c

Quote:

Originally Posted by The Jesters

Check your policy in regards to mutual aid with your local PD. If you have a good policy in place all it would take would be a phone call to their dispatch as you are on "patrol" of your jurisdiction when you see something and they can give you the OK to act on it.

That's not what mutual aid is.

Sounds more like transferred authority.

Posted by: JP64

The case you're reffering to is from BU a few years back, involving an arrest on the public way outside of a daormitory. Damned if I can remember the citation though.

Mutual aid is only for municipalities and UMass Amherst, who were added to 41/98 for that specific purpose.

Posted by: Varanus224

JP the case was Young vs. Boston University and the SJC gave a broad term worded to the effect that SSPO's may have jurisdiction if it involves preserving the peace in situations with persons who use the university or college outside of their jurisdiction.

The case stemmed from BUPD getting word that Young had violated a 209A no contact order by parking on the street near a BU dorm he was subsequently pulled over and arrested for violating the order. Kind of a moot point though with most every 22c.63 agency also being sworn as deputies in there respected counties as well to fall back on.

Posted by: new guy

Quote:

Originally Posted by Varanus224

JP the case was Young vs. Boston University and the SJC gave a broad term worded to the effect that SSPO's may have jurisdiction if it involves preserving the peace in situations with persons who use the university or college outside of their jurisdiction.

The case stemmed from BUPD getting word that Young had violated a 209A no contact order by parking on the street near a BU dorm he was subsequently pulled over and arrested for violating the order. Kind of a moot point though with most every 22c.63 agency also being sworn as deputies in there respected counties as well to fall back on.

Not necessarily a moot point when you consider that not all agencies are sworn as deputies and even those that are will be subject to losing them when a new sheriff comes to town. I know that all colleges in Suffolk County were in limbo for a number of months after Rouse was replaced by Sheriff Cabral.

Posted by: 5-0

Quote:

Originally Posted by new guy

If we got sworn in as WCSD, I would have to grow a beard or goatee...

FLAME ON!!

Thanks for all the legitimate responses though.

Posted by: NEPS

I know of no appellate court case that reviews the meaning in particular of "occupied" in particular.

But more to the point of your question is "used." If the university occupies offices in a building, the university (through the people who work there or come to the office since a university can't actually "use" anything since it is a corporation that can only act through actual people) must "use" common areas, such as the lobby, halls, elevators, and the loading dock to get to the offices. In addition, such persons might be expected to use such things as restrooms, cafeterias, or vending machine areas that are available to all the persons who enter the building. Further, the parking lot and even the public sidewalk and street outside the front door are, in my view, fairly described as "used" by the university. The word "used," after all, does not imply any form of ownership or control.

But this is just one non-black-robed man's opinion.

Feel free to PM me if you want my training guide on powers of campus police.

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