09:28:00 Campus Police Authority

PURPOSE

The purpose of this general order is to establish protocol for Campus Police authority, enforcement action, and the formulation of probable cause. It is the responsibility of the Walters State Campus Police department to enforce state law and campus rules and regulations fairly, diplomatically, and impartially with due regard to the constitutional rights of all.

The Constitution of the United States guarantees every citizen certain safeguards from governmental intrusion into their lives. These safeguards have placed limitations on the authority of police. This general order defines the legally mandated authority for enforcement of laws. It establishes procedures for assuring compliance with constitutional requirements, defining the authority, guidelines, and circumstances where Campus Police and safety officers should exercise alternatives to arrest and formulating of probable cause for arrest.

POLICY

It is the policy of Walters State Community College that police authority will be granted to certify campus police officers upon satisfying certification standards of the Tennessee Police Officer Standards and Training Commission.

DEFINITIONS

1. Authority – The power or right to take specific action
2. Probable Cause – The knowledge of acquired information that would lead a reasonable and prudent person to believe that a crime has been or is being committed, or is about to be committed, and that the person to be arrested has committed or is committing the crime in question.

POLICE AUTHORITY TO ENFORCE LAWS

Section 49-7-118 of Tennessee Code Annotated gives Campus Police the authority to enforce the law and make arrests for violations of law.  Section 6-21-602 of Tennessee Code Annotated states that it is the duty of police to:

1. Preserve order.
2. Provide protection from violent crime and all criminal acts.
3. Prevent the commission of crime and violations of law.
4. Perform general police duties.

It is the duty of Campus Police to exercise police authority or arrest powers when there is no other viable alternative resolution to illegal conduct or activity on campus property.

LIMITATION OF CAMPUS POLICE AUTHORITY

The power of a Campus Police officer to make an arrest by virtue of office is subject to well-organized territorial limits. Limitations on Campus Police authority are derived from statutes (federal, state, and local), judicial interpretations of legal opinions from the TBR legal counsel, college administration, State Attorney General, District Attorney General, department policies and procedures, college rules and regulations, and the college’s administrative sanctions and rules.

A Campus Police officer may be in doubt as to when he/she should advise an individual of Miranda warnings; a proper guideline to follow would be to advise any suspect of the Miranda warning whenever they have a suspect in custody and intend to interrogate the suspect.

In some cases, the Campus Police department may conduct photo line-ups.  The photos must depict persons having physical characteristics similar to the described suspect. As a rule, a photo line-up containing six (6) photos is considered fair. Photographs shown to witnesses will not contain any identifying information that could influence the procedure. All photo line-ups must be documented as to date, time, place, photograph identification, witnesses, and the order and placement of all photographs used in the line-up. Officers or other persons may not influence the line-up process.

COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS DURING A CRIMINAL INVESTIGATION

When conducting criminal investigations, Campus Police officers will take all precautions necessary to ensure that persons involved are offered their constitutional safeguards. Campus Police officers will ensure that:

1. A suspect’s statements or confessions are of a voluntary nature and no coercion is used.
2. Applicable persons are advised of their rights in accordance with the law and with this general order.
3. If arrest is necessary, all arrested persons are taken before a judge or magistrate for formal charging when applicable, and appropriate administrative staff are informed of the prosecution.
4. All persons accused or suspected of criminal violation for which they are interrogated are offered an opportunity to consult with an attorney in compliance with applicable laws.

Campus Police officers, by nature of their office, may be involved in situations where they are required to exercise good judgment in the performance of their duties. The Walters State Campus Police department provides officers with written Tennessee Board of Regents approved disciplinary sanctions, staff and faculty policies and procedures, administrative direction and instruction, and directed patrol assignments, as well as training to aid in making decisions, which call for the use of good judgment in performing their duties. Campus rules, regulations, and department general orders give the officer factors or guidelines to consider in exercising their judgment. Individual officers must consider the situation and all relevant factors. Using previous knowledge, training, and good judgment, officers must make the appropriate decisions.

ALTERNATIVE TO ARREST

Under certain circumstances, Campus Police officers are faced with situations when an arrest will not present the most appropriate solution to a problem.  When such a situation arises, officers may elect to exercise certain alternatives, such as the issuance of a citation, referral to the vice president of Student Services if situations involve students, referral to the vice president for Academic Affairs for faculty, and referral to the vice president for Business & Finance for visitor and staff concerns.  Officers may also, in extreme circumstances where violence or threat of violence occurs, escort disruptive persons from the campus and issue a “Trespassing Notice”.  Domestic situations require by law, T.C.A. 36-3-619, referral to a social service agency.

Examples include:

1. Mentally or emotionally disturbed persons.
2. Domestic situations where referral to counseling is an alternative and where there are no additional legal requirements regarding the situation.
3. Juvenile offenders.
4. Transient persons who need shelter, food, etc.
5. Persons requiring medical attention.

USE OF WARNING AS AN ALTERNATIVE TO ARREST

The use of a warning may sometimes provide a satisfactory solution to a problem. The most common type warning occurs relative to traffic offenses, but occasionally may be applied to certain minor criminal offenses. In determining if a warning should be issued, the officer should consider the following:

1. Seriousness of the offense.
2. The likelihood that the violator will heed the warning.
3. The reputation of the violator; i.e., known repeat offender, has received previous warnings, etc.
4. When it is in the best interest of maintaining order.
5. Institutional policy and department procedure.
6. Legal requirements placed on the officer.

THE FORMULATION OF PROBABLE CAUSE FOR ARREST

Probable cause for arrest exists when an officer has acquired knowledge that would lead a reasonable and prudent person to believe that a crime has been or is being committed and that the person to be arrested has committed or is committing the crime in question. When establishing probable cause, the officer will usually consider the following items of criteria:

1. The personal, direct observation by the Campus Police officer.
2. Information received from another officer.
3. Information received from a witness.
4. Information received from the victim.
5. Information received from an informant.
6. The suspect’s response.
7. Incriminating statements.
8. Erroneous statements.
9. Contradictory statements.
10. Evasive answers.
11. The flight of the suspect.
12. Attempt to hide or avoid detection.
13. Presence at or near the crime scene.
14. Time of day and nature of the area.
15. The Campus Police officer’s knowledge of a suspect’s prior history.

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