Law_Enforcement_Authority

Policy 100CSU Police Department Policy Manual Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by CSU Police DepartmentLaw Enforcement Authority - 1Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the CSU Police Department to perform their functions based on established legal authority. 100.2 POLICY It is the policy of the CSU Police Department to limit its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate the abuse of law enforcement authority. 100.3 PEACE OFFICER POWERS The statutory authority for the existence of the CSU Police Departments and involved Peace Officers is defined in the California Education and Penal Codes. Sworn members of this department are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.2(c) et seq.). Pursuant to California Penal Code § 830.2(c), a member of the California State University Police Department appointed pursuant to California Education Code § 89560 is a Peace Officer whose authority extends to any place in the State. According to the California Education Code § 89560, the Trustees may appoint one or more persons to constitute a Police Department for the headquarters and for each university of the California State University. Persons employed and compensated as members of the University Police, when so appointed and duly sworn are Peace Officers, and may exercise their powers of authority at the headquarters or upon any university of the California State University, and in an area within one mile of the exterior boundaries of each such or properties owned, operated, controlled, or administered by the California State University, or by Trustees of the State on behalf of the California State University, and as provided in California Penal Code § 830.2(c). The jurisdiction of the CSU Police Department is concurrent with that of the Municipal Police Departments and/or County Sheriff's Department within whose jurisdiction the university is physically located. The Board of Trustees of the California State University are authorized and empowered by California Education Code § 89560 to appoint Peace Officers. The Standing Orders of the Board of Trustees provides for the delegation of authority for governance of the California State University and Colleges system to the Chancellor, and for the governance of an individual university to each President. Standard law enforcement policies that must be adopted on all 23 campuses are referred to as "Systemwide" policies. Chiefs of Police are specialized managers within their particular communities of higher education and, as such, have responsibilities to their specific programs as well as to the general university CSU Police Department Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by CSU Police DepartmentLaw Enforcement Authority - 2administration. They will provide resource and expertise to their Presidents/Designees concerning technical law enforcement activities. Revisions to Systemwide policies must be approved by the Executive Vice Chancellor and Chief Financial Officer prior to adoption by the President. The Vice President for Administration, by Presidential delegation, is responsible for the development of all other general university-specific policies governing the duties and procedures of the University Police. The responsibility is carried out through the Chief of Police, whose duties include developing and implementing policies governing public safety functions on campus, investigating policy violations and issuing discipline, providing consulting services and assistance to the university community, and promoting programs and standards to improve public safety services. 100.3.1 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE CSU POLICE DEPARTMENT The arrest authority within the jurisdiction of the CSU Police Department includes (Penal Code § 830.2(c); Penal Code § 836): (a)When the officer has probable cause to believe the person has committed a felony, whether or not committed in the presence of the officer. (b)When the officer has probable cause to believe the person has committed a misdemeanor in this jurisdiction and in the presence of the officer. (c)When the officer has probable cause to believe the person has committed a public offense outside this jurisdiction, in the presence of the officer and the officer reasonably believes there is an immediate danger to person or property, or of escape. (d)When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized or required by statute even though the offense has not been committed in the presence of the officer such as certain domestic violence offenses. (e)In compliance with an arrest warrant. 100.3.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE CSU POLICE DEPARTMENT The arrest authority outside the jurisdiction of the CSU Police Department includes (Penal Code § 830.2(c); Penal Code § 836): (a)When the officer has probable cause to believe the person committed a felony. (b)When the officer has probable cause to believe the person has committed a misdemeanor in the presence of the officer and the officer reasonably believes there is immediate danger to person or property or of escape. (c)When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized even if not committed in the presence of the officer such as certain domestic violence offenses and there is immediate danger to person or property or of escape or the arrest is mandated by statute. CSU Police Department