UNC Police: General Order 01-04R6 - Agency Jurisdiction

Title

UNC Police: General Order 01-04R6 - Agency Jurisdiction

Document Information

Purpose

To clearly delineate the geographical boundaries of, and to specify the kinds of offenses within, the University of North Carolina at Chapel Hill Police Department’s (UNC-CH PD) jurisdiction and to provide guidance to all Police Officers of UNC-CH Police Department as to the scope, ramifications, and procedures for utilizing Extra Territorial Jurisdiction authority within the town limits of the Town of Chapel Hill as established by the Chapel Hill Town Council and the Board of Trustees of the University of North Carolina at Chapel Hill (UNC-CH). The result of this arrangement is an increased and more visible police presence in and around the central business district and an enhanced partnership between the two agencies

Policy

It is the policy of the UNC-CH Police Department that officers of the department may utilize their powers of investigation and arrest regarding agency jurisdiction, as granted under North Carolina General Statutes (N.C.G.S.) and authorized by agreements between the Town of Chapel Hill and the UNC-CH Board of Trustees, within town limits under the following narrow conditions:

1. To arrest a person at the Magistrates Office located at the Chapel Hill Police Department (CHPD), if the arresting officer has a valid arrest warrant issued by a judicial official.
2. To investigate a crime that was perpetrated on property of UNC-CH and that the investigating officer has reasonable suspicion to believe that the perpetrator is located within the town limits and/or property or evidence related to the crime is located within town limits.
3. To extend the jurisdiction of (Appendix B) UNC-CH Police Department Police Officers law enforcement powers in the designated area, except as to traffic offenses. This allows UNC-CH Police officers who witness a crime within the expanded jurisdiction area the ability to act rather than simply act as a reporting party.

Units Affected

UNC-CH Police Department Sworn and Non-Sworn Personnel

References/Forms

• North Carolina General Statue §15A-402 Territorial Jurisdiction of Officers to Make Arrests
• North Carolina General State Chapter 116 The University of North Carolina
• North Carolina General State §116-40.5 Campus Law Enforcement Agencies
• UNC-CH Police Department 04-01 Patrol Operations
• UNC-CH Police Department 11-14 Jurisdictional Maps and Emergency Phone Numbers

Definitions and Descriptions

Territorial Jurisdiction: That geographical area in which an employee may legally exercise those powers vested in his or her office.

Subject Matter Jurisdiction: All offenses against federal law or state law, or locally or University enacted ordinances which are committed within the Department's territorial jurisdiction.

Extra Territorial Jurisdiction: Territorial jurisdiction that is extended to the UNC-CH Police Department on behalf of agreements with the Town of Chapel Hill and the Board of Trustees of UNC-CH.

Procedures

I. Territorial Jurisdiction

A. Geographical Boundaries

1. N.C.G.S. §116-40.5 is the primary authority giving all police officers employed by the UNC-CH Police Department the powers of law enforcement on all property owned or leased by UNC-CH and that portion of any public road or highway that passes through and immediately adjoins such property, wherever located. The UNC-CH Police Department does not routinely exercise the degree of Territorial Jurisdiction contemplated by the statute. Various mutual aid agreements limit the Territorial Jurisdiction within which the UNC-CH Police Department regularly operates.
   
   In exigent circumstances the UNC-CH Police Department, does reserve the right to invoke the jurisdiction legally mandated to it in N.C.G.S.
2. N.C.G.S. §116, Article 1, Part 6 is the primary authority giving employees of the UNC-CH Police Department the powers of parking control on all property owned or leased by UNC-CH and that portion of any public road or highway that passes through and immediately adjoins such property, wherever located. The UNC-CH Police Department does not routinely exercise the degree of Territorial Jurisdiction contemplated by the statute. Various mutual aid agreements limit the Territorial Jurisdiction within which the UNC-CH Police Department regularly operates.
   
   In exigent circumstances the UNC-CH Police Department does reserve the right to invoke the jurisdiction legally mandated to it in N.C.G.S.
3. Current maps which illustrate the boundaries/limits of UNC-CH, as well as patrol areas, are maintained within the UNC-CH Police Department’s communications center. When a question of jurisdiction exists, police officers should request confirmation of jurisdiction boundaries from their immediate supervisor.

B. Immediate and Continuous Flight Exception

N.C.G.S. §15A-402 allows a UNC-CH Police Officer to arrest a person outside his or her Territorial Jurisdiction when the person arrested has committed a criminal offense within the territorial jurisdiction for which the officer could have arrested the person within that territory and the arrest is made during such person's immediate and continuous flight from that territory.

C. Subject Matter Jurisdiction

UNC-CH Police Officers may execute an arrest for any criminal offense that is committed within UNC-CH Police Department Territorial Jurisdiction.

D. Assistance to CHPD

Whenever a UNC-CH Police Officer is requested to assist CHPD in the performance of a law enforcement function, that officer has the same Territorial Jurisdiction as that of a CHPD Police Officer.

II. Extra Territorial Jurisdiction

A. Streets

The jurisdiction includes much of the central business district from Henderson Street on the east to Merritt Mill Road on the west. The northern boundary of this enhanced jurisdiction is Rosemary Street and the properties that face it from the north and south. The southern boundary is Cameron Avenue west of Columbia Street and the properties that face it from the north and south.

B. Granville Towers

The expanded jurisdiction (see Appendix A) also allows for UNC-CH Police Department officers to assume primary response duties, for the Granville Towers property and associated parking lots.

III. Extra Territorial Jurisdiction Authority

In consideration of their mutual interests, the Town and UNC-CH agree that the jurisdictional authority of the UNC-CH Police Department extend beyond the campus territorial jurisdictional boundaries and into non-campus areas within the corporate limits of the Town under the following circumstances:

1. UNC-CH Police Department officers may exercise all law enforcement powers, including the power of arrest, anywhere within the Town of Chapel Hill to investigate a criminal offense alleged to have been committed within the campus territorial jurisdiction as defined by N.C.G.S.§116-40.5(a). UNC-CH officers must provide notification to CHPD as soon as possible whenever exercising this Extra Territorial Jurisdiction.
2. UNC-CH Police Department officers may exercise all law enforcement powers, including the power of arrest, at the premises of CHPD headquarters, including the offices of the Orange County Magistrate.
3. UNC-CH Police Department officers may exercise all law enforcement powers, including the power of arrest, anywhere within the Town of Chapel Hill while participating in joint operations or training with CHPD so long as those activities are approved by both the Chief of CHPD and the Chief of the UNC-CH Police Department.
4. UNC-CH Police Department officers, while on duty, may exercise all law enforcement powers, including the power of arrest, relating to criminal offenses that occur in the officer’s presence, excluding traffic offenses, within an area bounded by the north side of Rosemary Street, including those properties which are immediately adjacent to the north side of Rosemary Street; the boundary between the Towns of Chapel Hill and Carrboro between Rosemary Street and Cameron Avenue; the south side of Cameron Avenue between the aforementioned boundary and Columbia Street, including those properties which are immediately adjacent to the south side of Cameron Avenue; Columbia Street between Cameron Avenue and Franklin Street, including properties adjacent to both sides of Columbia Street; Franklin Street, between Merritt Mill Road and Henderson Street; and Henderson Street between Franklin Street and Rosemary Street, including those properties which are immediately adjacent to the east side of Henderson Street (See Appendix A and Appendix B).
5. UNC-CH Police Department officers may exercise all law enforcement powers, including the power of arrest, over the following property located within the Town of Chapel Hill: (i) the buildings located at 125 West Franklin Street, as depicted in Appendix A (the buildings commonly known, as of the date of this Agreement, as “Granville Towers”), and (ii) the parking lot located in the 100 block of West Franklin Street depicted in Appendix A (the property commonly known, as the “Granville Towers” parking lot).
6. While exercising extended jurisdictional authority pursuant to this agreement, UNC-CH Police Department officers have the same powers, rights, privileges, and immunities as they normally possess.
7. Nothing in this agreement must be construed to limit the scope or extent of the authority and jurisdiction of the UNC-CH Police Department as provided by N.C.G.S §116-40.5.

IV. Training

A. Orientation Training

UNC-CH Police Department law enforcement officers undergo training on this general order (G.O.) during orientation.

B. Annual In-Service Training

Every officer of the UNC-CH Police Department receives an annual update on this G.O. during in-service training each year, to include an update on the G.O., a description of the times and circumstances under which it has been used in the previous year, and a question and answer period dealing with the general orders.

V. Prohibitions

All areas listed below are excluded from the Extra Territorial Jurisdiction authority and are expressly prohibited by UNC-CH Police Department policy. Any violation of policy related to these matters can result in disciplinary action, up to and including dismissal.

A. Traffic Enforcement

Officers are forbidden from engaging in any traffic enforcement (speeding, reckless driving, all others) within the town limits, unless that jurisdictional authority is granted by N.C.G.S. or when participating in an approved joint operation with CHPD. Nothing in this policy allows for officers of this department to independently enforce traffic laws within town limits.

B. Random Vehicle Stops for Suspects

Officers can’t stop vehicles within town limits to look for persons identified as suspects when the only information that is available to the officer is a vehicle description and limited description of the suspect.

Stopping vehicles for suspects must be related to an ongoing criminal investigation and the immediate need to apprehend a suspect for the crime under investigation. It should only happen in circumstances where a tag number is confirmed or a positive identification has been made that the wanted person is in the vehicle.

C. Notifying CHPD

Officers utilizing this territorial jurisdictional allowance must immediately contact the department communications center and have notification to be given to the on-duty supervisor for CHPD advising the officer’s location and subject matter of the investigation.

Officers will check out of their unit by radio giving data to be entered into the computer aided dispatch (CAD) system. Upon completing the matter in question, the officer advises the communications center who will again notify the on-duty supervisor at CHPD.

D. Responding to or Intervening in In-Progress Calls

Officers are forbidden from responding to calls for service within town limits unless they are requested to do so based on current mutual aid agreements. Officers should not intervene in incidents that they observe while traveling within the town going between University properties unless those incidents fall within the jurisdiction limits set forth in Sections I, II, and III of this policy. In those situations, outside the parameters of Sections I, II, and III, officers should get pertinent information such as tag numbers, descriptions etc., and forward the information to CHPD.

VI. Process

The following process are adhered to, when utilizing Extra Territorial Jurisdiction:

1. This jurisdiction expansion is to used for the service of warrants at the Magistrate’s Office at CHPD, for the crimes UNC-CH Police officers witness and respond to in provided for in sections I, II, and III, and for the investigation of crimes occurring on University property.
2. Notifies the UNC-CH communications center of the location the officer is at or traveling to, the type of incident under investigation, and nature of inquiry (interview, arrest, etc.) prior to exiting the police unit. UNC-CH communications creates a CAD entry and notifies the on duty CHPD supervisor of the activity.
3. Notifies the UNC-CH communications center when clearing the activity so that the CAD call is completed. Communications again notifies the CHPD supervisor on-duty.
4. CAD is generated on all warrants served at the magistrate’s office.
5. Upon arrival at any location, where you are using Extra Territorial Jurisdiction for investigation purposes, immediately notify the occupants of the property in question or any vehicle that is stopped of the following:
   1. The reason that they are being contacted;
   2. The officer’s rank, name and, that they are employed by the UNC-CH Police Department;
   3. They are here under jurisdictional authority granted by the town and University; and
   4. Advise the party that they may contact their supervisor (or their designee) to discuss any issues that they have related to the officer’s inquiry.

VII. Reporting

The UNC-CH Police Department communications supervisor (or assistant supervisor) creates a Quarterly Report that is forwarded to the Chief of Police, the Patrol Services Commander, and the administrative services commander at the UNC-CH Police Department detailing the numbers of warrants served by month at the magistrate’s office, the number of investigations and/or arrests within town limits, and related circumstances of the investigation or arrest.

The report is reviewed by the administrative services commander to determine if there are any discrepancies related to this policy and places the report in accreditation files. The Chief of Police forwards a copy of the report to the Chief of Police at CHPD. The report is generated as soon as possible, within the first two weeks of the month in January, April, July, and October.