Georgia’s Supreme Court Explains the Boundaries for Campus Police Jurisdiction
A defendant in a Cobb County State Court case was charged with driving under the influence (DUI), failing to maintain lane, and operating a vehicle without headlights. Kennesaw State University’s campus police stopped the man and performed an Intoxilyzer 5000 test for suspicion of DUI, but the arrest took place off campus. The trial court allowed the defendant’s motion to suppress evidence, but the prosecution appealed.
Georgia’s Court of Appeals reviewed the case and reversed the trial court’s decision, trying to apply O.C.G.A. § 17-4-23. The Supreme Court of Georgia, however, explained that the statute requires the “issuance of a citation.” This particular officer could not cite the driver because he was bound by O.C.G.A. § 20-3-72, which prescribes the boundaries of campus security of 500 yards past university property. The arrest occurred beyond that boundary.
The Supreme Court showed that the Appeals Court mistakenly reversed the trial court’s decision. As a result, the Court repaired the Appeals Court’s ruling to agree with the trial court’s ruling.