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
