Smith v. State, A--18159
| Decision Date | 31 May 1973 |
| Docket Number | No. A--18159,A--18159 |
| Citation | 510 P.2d 962,1973 OK CR 274 |
| Parties | Eddie Dean SMITH, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appeal from District Court, Cleveland County; Elvin J. Brown, Judge.
Eddie Dean Smith, appellant, was convicted for the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, his punishment was fixed at ten (10) days in the county jail and a fine of fifty dollars ($50.00), and he appeals. Judgment and sentence is reversed and remanded with instructions to dismiss.
James M. Fullerton, Norman, for appellant.
Larry Derryberry, Atty. Gen., Michael Cauthron, Asst. Atty. Gen., Charles F. Alden, III, Legal Intern, for appellee.
Appellant, Eddie Dean Smith, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Cleveland County, Case No. CRM--72--1100, for the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor. His punishment was fixed at ten (10) days in the Cleveland County Jail and a fine of fifty dollars ($50.00), and a timely appeal has been perfected to this Court.
A brief statement of the facts are that Jim Levine, a campus policeman employed by the University of Oklahoma, on September 26, 1972, was patrolling the University of Oklahoma property in and around the vicinity of Chautauqua and State Highway 9. He observed the defendant going at a high rate of speed on State Highway 9. He then pursued the defendant, overtaking him and stopping him at the vicinity of State Highway 9 and Classen Boulevard, for speeding. After stopping the defendant, Officer Levine advised the defendant he was stopped for excessive speed and by observation, determined that the defendant was intoxicated. After conducting a field sobriety test, Officer Levine took the defendant into custody and drove him to the University of Oklahoma Police Station, where he was detained for approximately ten minutes, then driven to the Cleveland County Jail, where he conducted a breathalyzer test and took movies of the defendant.
The first question to be decided by this Court is does a campus police officer, acting in that capacity have the power and authority to make arrests on property not owned by the University.
Title 74 O.S.1971 § 360.11 states in part:
'The governing or controlling board of any State Institution of Higher Education and the Board of Education in Public School Systems is hereby authorized to appoint necessary officers to be designated as campus police For the purpose of protecting all properties of such institutions wherever located in the State of Oklahoma.' (Emphasis added)
Title 74 O.S.1971 § 360.13 states:
'Any campus policeman or other officer appointed under the provisions of this act shall have all the powers vested by law in peace officers, except the serving or execution of civil process, In the protection and guarding of grounds, buildings, and equipment of the institution involved and shall direct his attention to the prevention of improper conduct and trespassing on the property of such institutions or state park or recreation area, and, if required, make arrests and take into custody persons guilty of improper conduct or trespassing.' (Emphasis added)
It is this Court's opinion that the powers of a campus policeman are limited to the protection and guarding of grounds, buildings, and...
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Simic v. State ex rel. Dps
...acting in that capacity," did not have "the power and authority to make arrests on property not owned by the University." Id. at ¶ 3, 510 P.2d at 962.3 ¶ 11 Applying the foregoing to the case at bar leads to the conclusion that the trial court erred to the extent it found that, even if Hart......
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Nickell v. State, F-85-293
...person for one act or one incident only and upon completion of the act, the power of the deputized person terminates. Smith v. State, 510 P.2d 962, 964 (Okla.Crim.App.1973). Here, the Blackwell police officer acted at the direction, and under the authority, of the Kay County Deputy Sheriff ......
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Richardson v. State
...Oklahoma. We agree. See 74 O.S. 1971, § 360.11, 74 O.S. 1971, § 360.13, and for a complete discussion of this issue, see Smith v. State, Okl.Cr., 510 P.2d 962 (1973), Case No. 18,159, which had the identical fact situation as the instant It must be noted that nothing in this decision or the......
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Courange v. State, A--18043
...Levine had no power or authority acting as a campus policeman to make the arrest in the instant case. Also, see Smith v. State, Okl.Cr., 510 P.2d 962 (1973) (A--18,159). It is therefore the order of this Court that this cause should be reversed and remanded with instructions to dismiss and ......