Police Department Policy

UCSF_01.01.04_-_Legally_Mandated_Authority_263358

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 1.1 Law Enforcement Role and Authority: Law Enforcement Agency Role 1.1.4 Legally Mandated Authority (Revised: 1/22/20) A. The Constitution of the United States of America, California Constitution and California Statutes define the scope and limits of law enforcement authority as it pertains to the enforcement of laws, statutes and ordinances. B. California Penal Code (PC) § 830.2(b) establishes that University of California police officers are duly sworn peace officers whose authority extends to any place in the state provided that their primary duty shall be the enforcement of law within the area specified in § 92600 of the California Education Code. C. Section 92600 of the California Education Code states that sworn members of the University of California Police Department may exercise their power or authority: 1. Upon the campuses of the University of California and in an area within one mile of the exterior boundaries of each . 2. In or about other grounds of properties own ed, operated, controlled or administered by the Regents of the University of California, and 3. As provided in § 830.2 of the PC. D. UCSF police officers are granted the authority to: 1. Enforce all state laws 2. Enforce all city ordinances 3. Serve and e xecute warrants 4. Exercise powers of arrest 5. Enforce all traffic laws 6. Preserve public peace and safety within the University of California and the State of California 7. Carry and use Police Department -approved weapons in the performance of their duties and to use that amount of force which is necessary according to PC § 835(a) and as defined in General Order 4.3, “Use of Force.” E. When to Take Police Action Under California law, both on - and off -duty sworn police officers have statewide peace officer authority as to any crime committed in their presence. 1. Responsibility of On -duty Officers: a. Within UCSF jurisdiction: to take all steps reasonably necessary and consistent with their assignment to effect the enforcement of the penal provisions of the campus, city, state and nation and to protect life and property. b. Outside UCSF jurisdiction: In situations requiring police action, officers shall report the situation to the agency of jurisdiction. Officers should then University of California, San Francisco Police Department General Orders 2 act only a fter consideration of the tactical situation and the immediacy of the threat to public safety. Officers exercising police authority granted by their employment with UCSF in this manner shall notify the Department on-duty Watch Commander at their earliest o pportunity during or after an incident. 2. Responsibility of Off -duty Officers a. Off-duty officers, both inside and outside of UCSF jurisdiction, shall refer enforcement/police action to the law enforcement agency having local jurisdiction. When off -duty, officers should act in their official capacity as a police officer only when there is an immediate and serious threat to public safety. b. Officers shall also consider their possible liability and the possible liability of UCSF should they take action whi le off -duty. Officers exercising police authority granted by their employment with UCSF in this manner shall notify the on -duty Watch Commander at their earliest opportunity during or after an incident. c. Off-duty officers will give first consideration to causing the appropriate action to be effected by on -duty officers from the law enforcement agency in which the activity occurs. Additionally, the Department recognizes that off-duty officers cannot rely on the immediate assistance or application of police resources in the same capacity as while on duty. Thus, officers are not expected to jeopardize themselves or others by taking police action while off duty. However, when action is considered necessary consistent with the tactical situation, offense involv ed or other factors as articulated by the involved officer, any police action taken will be governed by the same policies, procedures, rules and regulations that apply to on -duty officers in a similar situation. d. All enforcement of the law or police acti ons taken while off duty shall be reported to the law enforcement agency with jurisdiction. 3. Peace Officer Authority ‒ Out -of-State a. Peace officer powers of UCSF police officers do not extend beyond California, except as provided for in the Uniform Act on Fresh Pursuit, PC § 852.2. Officers who are outside the boundaries of California for extradition or other matters of direct concern to UCSF shall not engage in police activities unless necessary in the performance of their duties as an agent of UCSF an d then only if there is an immediate need to protect the public. 4. Members shall not use their position with the Department as a means of forcing or intimidating persons with whom they are involved in civil matters. 5. Nothing in this section shall preclu de an officer of the Department from exercising their rights as a citizen; however, such action is not considered within the scope of employment for liability and compensation purposes.

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