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2018 Georgia Code 20-3-72 | Car Wreck Lawyer

TITLE 20 EDUCATION

Section 3. Postsecondary Education, 20-3-1 through 20-3-660.

ARTICLE 2 BOARD OF REGENTS AND UNIVERSITY SYSTEM

20-3-72. Arrest powers of campus policemen and security personnel.

The campus policemen and other security personnel of the university system who are regular employees of the system shall have the power to make arrests for offenses committed upon any property under the jurisdiction of the board of regents and for offenses committed upon any public or private property within 500 yards of any property under the jurisdiction of the board.

(Ga. L. 1966, p. 370, § 1; Ga. L. 1974, p. 611, § 1.)

Cross references.

- Campus police generally, T. 20, C. 8.

JUDICIAL DECISIONS

Search warrant jurisdiction.

- Duly certified campus police officer has the authority to obtain a warrant to search property beyond the territorial limitation on the officer's power to make an arrest. State v. Harber, 198 Ga. App. 170, 401 S.E.2d 57 (1990), cert. denied, 198 Ga. App. 897, 401 S.E.2d 43 (1991).

Within jurisdictional limits.

- Trial court was permitted to conclude from the university police officer's testimony that the intersection, where the accident occurred that the university officer investigated, bordered the campus and that the investigation occurred within 500 yards of the campus as required by O.C.G.A. § 20-3-72. Hawkins v. State, 281 Ga. App. 852, 637 S.E.2d 422 (2006).

Arrest outside jurisdiction not permitted.

- Officer, who met the minimum requirements to be a peace officer in Georgia and was employed by a state university, had no authority to effect a custodial arrest outside the jurisdiction conferred by O.C.G.A. § 20-3-72 and, thus, the trial court properly suppressed evidence of the defendant's breath test. Zilke v. State, 299 Ga. 232, 787 S.E.2d 745 (2016).

Cited in State v. Harber, 198 Ga. App. 170, 401 S.E.2d 57 (1990).

OPINIONS OF THE ATTORNEY GENERAL

Board determines police agency which investigates crimes.

- Determination as to the police agency which is to investigate the commission of crimes on campus is a matter of administrative discretion given to the board of regents. 1970 Op. Att'y Gen. No. 70-69.

Campus security personnel considered law enforcement officers.

- Campus security personnel, being charged with enforcing the laws of this state to the extent the laws are violated on university property, should certainly be considered law enforcement officers, and the board of regents, as the agency responsible for the security personnel, is pro tanto a law enforcement agency. 1973 Op. Att'y Gen. No. 73-23.

Training and drug testing requirements.

- Campus police and other security personnel of university system institutions vested with the power to make arrests under O.C.G.A. § 20-3-72 are subject to the mandatory training requirements of the Georgia Peace Officer Standards and Training Act, O.C.G.A. § 35-8-1 et seq., and are consequently covered by the random drug testing provisions of O.C.G.A. § 45-20-90 et seq. 1990 Op. Att'y Gen. No. 90-11.

Enforcement of municipal ordinances.

- University system law enforcement officers could enforce municipal ordinances of all kinds within 500 yards of board of regents' property and could prosecute those cases in any court of this state; however, such officers were not entitled to the statutory witness stipend provided under former O.C.G.A. § 24-10-27(a) (see now O.C.G.A. § 24-13-28). 1993 Op. Att'y Gen. No. 93-20.

Municipality's consent not required for extending jurisdiction over nearby property.

- This section does not require municipality consent for the extension of university system police jurisdiction to cover offenses committed upon public or private property within 500 yards of university system property. 1974 Op. Att'y Gen. No. 74-65.

There is no legal prohibition against campus police aiding other police jurisdictions upon request; if such assistance is given, the campus police would be acting as agents of the jurisdiction requesting the assistance and the other jurisdiction would be responsible for their actions. 1967 Op. Att'y Gen. No. 67-327.

Flashing or revolving blue lights can be operated on motor vehicles belonging to campus police and security departments of the University System of Georgia; however, these vehicles must belong to the board of regents. 1973 Op. Att'y Gen. No. 73-23.

Campus police and security personnel are authorized to intervene in demonstrations conducted on campuses when the activities of the demonstrators constitute offenses against the criminal laws. 1970 Op. Att'y Gen. No. 70-69.

Individuals who have arrest powers may conduct searches.

- Individuals who have arrest powers on premises under jurisdiction of the board may conduct searches pursuant to Ga. L. 1966, p. 567, § 1 et seq. 1969 Op. Att'y Gen. No. 69-172.

Police officer may search person of arrestee and area within person's immediate control.

- In conducting a search without a warrant pursuant to a lawful arrest, the campus police officer may search the person of, and area within the immediate control of, any person over whom the officer has the authority to effect a lawful arrest. 1970 Op. Att'y Gen. No. 70-69.

Unauthorized dormitory searches.

- College may not rely absolutely on a contractual provision in a dormitory contract to conduct a search of a student's dormitory room in the absence of a valid warrant or consent. 1994 Op. Att'y Gen. No. 94-13.

RESEARCH REFERENCES

ALR.

- Search conducted by school official or teacher as violation of fourth amendment or equivalent state constitutional provision, 31 A.L.R.5th 229.

Cases Citing Georgia Code 20-3-72 From Courtlistener.com

Total Results: 2

Zilke v. State

Court: Supreme Court of Georgia | Date Filed: 2016-06-20

Citation: 299 Ga. 232, 787 S.E.2d 745, 2016 WL 3390448, 2016 Ga. LEXIS 422

Snippet: A2d 786, 788-790 (N.H. 2006). Moreover, OCGA § 20-3-72 does not speak in terms of the admission or exclusion

Brundige v. State

Court: Supreme Court of Georgia | Date Filed: 2012-10-15

Citation: 291 Ga. 677, 735 S.E.2d 583, 2012 Fulton County D. Rep. 3191, 2012 WL 4855634, 2012 Ga. LEXIS 773

Snippet: of a campus policeman pursuant to Code Section 20-3-72, the execution of such search warrant shall be