Yale University Police Officer Had Power to Make DUI Arrest, Says Court
by
Joseph C. Maya on Apr. 26, 2017
Other Education Criminal DUI-DWI Lawsuit & Dispute Lawsuit
Summary: Blog post on the authority of University police to make a DUI arrest.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Mahon . Commissioner of DMV, a driver appealed a decision by the Connecticut Commissioner of Motor Vehicles ordering a suspension of the driver’s operator license, claiming that the arresting officer lacked jurisdiction. In law, jurisdiction is the extent of the power with which a court, or individual acting in a legal capacity, may make legal decisions and judgments. The DMV is an administrative agency. When a court reviews the decision of an administrative agency, its judicial review of the conclusions of law reached administratively is limited. A court's ultimate duty is only to decide whether, in light of the evidence, an agency has acted unreasonably, arbitrarily, illegally, or in abuse of its discretion. The driver claims that a Yale University police officer did not have the legal authority to arrest him for driving under the influence.
In the DMV’s original hearing, it found that the Yale police officer had probable cause to arrest the driver for driving under the influence of alcohol. He refused to provide a blood, breath or urine test, which bears the penalty of immediate license suspension for six months. On appeal, the driver argued that the officer was merely a university police officer, and lacked the authority of a standard municipal officer. The court rejected this argument. In its review of the law governing officer authority, it found that lawmaker’s had specifically granted municipal police powers upon the university police. “The city of New Haven, acting through its board of police commissioners, may appoint persons designated by Yale University to act as Yale University police officers” said the court. “Such officers . . . shall have all the powers conferred upon municipal police officers for the city of New Haven. They shall be deemed for all purposes to be agents and employees of Yale University, subject to such conditions as may be mutually agreed upon by the city of New Haven, acting through its board of police commissioners, and Yale University.”
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Mahon v. Comm'r of DMV, 2001 Conn. Super. LEXIS 1566 (Conn. Super. Ct. June 8, 2001)
