Dealing with Campus Police: Part I

July 16, 2021

Abolish Campus Police?

A recent article in the widely-read Chronicle of Higher Education argues that colleges and universities should abolish campus police. The story opens with two separate accounts of armed campus officers traveling far off campus to shoot unarmed Black citizens. The article then refers to the notorious George Floyd incident. A jury convicted the involved officer, who was not a campus police officer, of Floyd’s murder. The article also alleges that over one hundred colleges have armed their campus police “to the teeth” with excess military equipment. Of all places, the article concludes, colleges and universities shouldn’t have armed police.

Here to Stay

If their prevalence is any indication, though, campus police are probably not going anywhere anytime soon, despite this prominent call for their abolition. Citing a similarly toned New York Times article, the Chronicle of Higher Education article admits that more than nine out of ten public colleges and universities have campus police. Most of those campus police carry arms. States authorize nine out of ten campus police departments to make off-campus arrests. Nearly four out of ten private colleges and universities also have campus police, and those officers report student misconduct to their universities, even if they do not pursue criminal charges

Deal With It

Rather than hoping campus police disappear, college and university students would be wiser to prepare to deal with campus police. Take these tips from LLF National Law Firm’s prominent national college and university Student Defense Team, who represents students nationwide in college and university misconduct disputes.

Recognize Campus Police

First, know when you are dealing with campus police rather than college or university staff members. Campus police are law enforcement. They’re not your curmudgeonly professor nor your friendly RA. That means your rights and responsibilities are different when you are dealing with campus cops versus other university employees.

State statutes like this one in New York authorize university boards to form campus police departments. Those campus police then enter a memorandum of understanding with the county sheriff’s department or other local police agencies to coordinate enforcement actions on and around campus. These statutes and memoranda of understanding turn campus police into state agents. That means they have the powers of public police. It also means you have constitutional rights to protect you in your dealings with them. Badge, uniform, and sidearm: know campus police when you see them.

Keep Your Distance

So how do you deal with campus police? Keeping a polite distance is a good guide. The role of campus police is in part to maintain public peace and order. But they also have the power to stop persons whom they observe acting suspiciously as if committing a crime. And they have the power to arrest on probable cause that the suspect has committed a crime. And while, in the end, there may not be a criminal violation, they will most likely report their interaction with you, and any rules violations, to your school’s student affairs department for adjudication.

Your Rights

Here, then, are specific tips to follow when a campus police officer approaches you, whether on or off campus:

  • obey if the officer indicates to stop but otherwise avoid interaction, and if you aren’t sure, ask if you are free to go and leave if they say you are;
  • comply if the officer demands a safety pat-down, but don’t voluntarily open backpacks or bags for search;
  • share your name and address if asked, but don’t volunteer other information because you have a right to remain silent; and
  • if an officer comes to your dorm or apartment, don’t let them in without a search or arrest warrant. Speak to them in the hallway or outside.

The Officer’s Responsibilities

You have constitutional rights. Know them, and use them. The campus police officer who approaches and stops you, though, also owes responsibilities to you. Know those responsibilities. Here is what you can expect from a campus police officer who stops you:

  • the officer should have a uniform, badge, identification card, or other clear indication of the officer’s school authority (plainclothes officers must present a badge or ID when exercising police authority);
  • the officer should be displaying personal identification, such as name and badge number, which you should promptly confirm and record;
  • if the officer does not display a name and badge, then the officer should tell you when you ask, which you should do in any encounter;
  • the officer may explain why they approached you if you ask, although they don’t have to answer or answer truthfully in every instance;
  • the officer must tell you whether you are free to leave;
  • the officer must not lie or mislead you in order to get you to give up your constitutional rights; and
  • the officer should let you record the encounter with your cell phone or other device, which you should do whenever in any doubt about the officer’s conduct.

Rely on Expert College and University Defense Counsel

Remember, your campus cops will report you to your school, even if they do not give you a ticket or charge you with a crime. Promptly retain our national college and university Student Defense Team and the LLF National Law Firm for your defense. You have rights, and your institution has responsibilities. Call 888-535-3686 to schedule a consultation, or use the online service.

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