University Police Can Arrest for DUI

University Police Can Arrest for DUI

Burlington, Vermont - September 1, 2006

UVM Police Have the Power

A ruling by Judge Edward Cashman last year questioned the legal authority of the University of Vermont Police force.

But on Friday, the Vermont Supreme Court overturned that decision and said UVM officers do have jurisdiction off campus.

Since 1991, the UVM Police Department has functioned like any other law enforcement agency in Vermont -- running radar, responding to emergencies and making arrests on and off campus. Now the Supreme Court says rightfully so.

"I'm pleased the rule of law came out in our favor," said UVM Police Chief Gary Margolis.

The department's off campus police powers were questioned after Judge Edward Cashman threw out drunk driving charges against a Massachusetts man. He was stopped on a city street and not on the college campus. Judge Cashman said UVM was not controlled by an elected body and therefore had no authority to arrest him off campus. The Supreme Court disagreed and reversed the lower court ruling.

"I'm glad the Supreme Court has put this issue to rest for us," said Chief Margolis. "It could have reversed or had an impact on every arrest UVM police has made since its inception and that could have meant appeals and litigation for years to come."

While the court reviewed the case, UVM police continued normal operations -- including a major drug and weapons bust inside a Burlington apartment. And now with the high court's clarification, UVM officers will continue to have police powers on and off campus.

Source: http://www.wcax.com

See ruling: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=vt&vol=/supreme/&invol=2005-492