Facts about Mutual Aid and Extension of Law Enforcement Authority
A. Jurisdiction: University police officers have jurisdiction on property owned or leased by the university and adjacent street can exercise arrest powers within these areas. However, municipal police department’s authority extends one-mile zone outside their city limits.
B. Citizen arrest: North Carolina does not recognize a citizen’s arrest, but does provide for detention by private citizens, i.e. police officers outside of their jurisdiction, when a felony occurs in their presence, a breach of the peace, a crime involving physical injury to another, or a theft or destruction of property. The offense must occur in the individual’s presence where a police officer within his jurisdiction may arrest based upon probable cause.
NOTE: Under common law in North Carolina a citizen can resist an illegal arrest or detention. If an officer detains an individual illegally outside of his or her jurisdiction, a person may lawfully resist that detention. An officer could be charged with an assault during an illegal detention if physical force is used to detain.
II. North Carolina General Statute 160A-288, “Cooperation between law enforcement agencies.”
A. North Carolina General Statue 160A-288 provides that the head of any agency may temporarily provide assistance to another agency in enforcing the laws of North Carolina if so requested in writing by the head of the requesting agency.
B. Agency head means any director or chief of police of a local department, or sheriff or an officer who is delegated the authority. However, only one officer in the agency may be delegated the authority at any time.
C. For the purposes of 160A-288, campus law enforcement agencies are considered the equivalent of a municipal police department.
D. While working for the requesting agency, the assisting officer(s) is under the command of the requesting agency.
E. While working with a requesting agency an officer has the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments). He or she is entitled to workers compensation and the same benefits to the same extent as though he were functioning within the normal scope of his or her duties.
II. Extension of Law Enforcement Authority, North Carolina General Statute 116-40.5 (b)
Mutual aid agreements require a written request from the requesting agency and that written request can only come from the chief or sheriff, or his designee. In an emergency, it is permissible that for the written request be issued after the fact, but there must be a written request.
Mutual aid requests are generally for single events such as a celebration, Presidential visit, football game, etc, or for long term events such as an undercover operation or a state of emergency.
During the assistance, the assisting officer is under the command of the requesting agency. Example: The Raleigh Police chief requests NC State assistance for a celebration on Hillsborough Street. The NC State officer assigned to assist would be under the command of the Raleigh Police Commander and would assume the jurisdiction of a Raleigh Police Officer only during the event.
Mutual aid is not intended to be used for normal day-to-day activities. Example: an NC State police officer is approached by a student who reports that the has been assaulted and robbed. He identifies the suspect and the NC State officer sees the suspect two blocks off campus. The officer cannot take any action under mutual aid, unless the Raleigh Police Chief e-mails the NC State Police Chief and requests our assistance. Example: An armed robbery occurs on campus and the suspect flees off campus. No NC State police officer observes the offense, but witnesses report the suspect has fled across Gorman Street. NC State police while waiting for Raleigh Police to arrive locate the suspect in the parking lot of an apartment complex. The suspect flees in an automobile. The NC State police officer can follow, but cannot take any action or activate his blue lights unless the Raleigh police chief or his designee makes a request. If a Raleigh police officer arrives on the scene and personally requests assistance in making the arrest, the NC State police officer could assist, but would be acting as a private citizen. (GS 15A-405). Example: An NC State police officer is responding to Lake Wheeler farms for a theft and observes a drunk driver who is driving erratically. The NC State police officer can call for the nearest highway patrol officer or Wake County Deputy to stop the car, but he or she cannot take any enforcement action unless they are on an adjacent street next to the farms.
In all of the examples above the NC State police officer could take law enforcement action had he or she had an extension of arrest authority.
However, local jurisdictions have been reluctant to permit the extension of authority. Those that do have severely restricted the ability of the university police departments to protect its community. To provide additional protection to it students, East Carolina University had been asking for extension of its authority for eighteen months. Permission was not granted until two students were assaulted. Under their agreement, ECU patrols some off campus residential areas used by students and has the authority to make arrests under limited situations. UNC-Ch was granted permission by the Town of Chapel Hill to serve arrest warrants at the Orange County Magistrate’s office located at the Chapel Hill Police Department and to conduct follow-up investigations for crimes that occur on campus and the suspect is live off campus. Arrest authority is very limited and officers are prohibited from intervening in incidents they observe while traveling through the town. UNC-G through an agreement with the City of Greensboro that permits them to make arrests based upon probable cause anywhere within the corporate limits of the city. Their agreement follows the citizen detention statute closely, but arrests may be based upon probable cause and does not have to occur in their presence.