AGREEMENT FOR POLICE COOPERATION AND MUTUAL AID

 

            This agreement is between the North Carolina State University and the City of Raleigh

 

            Whereas, the University has established a law enforcement agency on the campus of North Carolina State University, pursuant to North Carolina General Statute §116-40.5(a); and General Statute 17C:

             

            Whereas, there has been a close working relationship between NC State University and the City of Raleigh in the function of law enforcement, which both wish to maintain; and

 

            Whereas, the NC State University is accredited by the Commission on Accreditation for Law Enforcement; and intends to maintain its accredited status; and

 

            Whereas, NC State University and the City of Raleigh recognize the need of the NC State University Police Department to have a limited extension of law enforcement authority beyond the boundaries of the university; and

 

            Whereas, under North Carolina General Statutes §116-40.5(b) and §160A-288, the University may enter in agreements that extend the law enforcement authority of university police officers beyond the perimeter of the campus; and

 

            Whereas, NC State University has authorized the Chief of the NC State University Police Department to enter into mutual aid agreements with heads of other law enforcement agencies, and the City of Raleigh has authorized the Chief of the Raleigh Police Department to enter into mutual aid agreements with heads of other law enforcement agencies,

 

            Therefore, in consideration of these mutual interests, NC State University and the City of Raleigh agreed that these understandings will define the working relationship between the NC State University Police Department and the Raleigh Police Department:

 

1.0       Extension of Authority of the NC State Police Department Beyond

           Campus

 

1.1       The NC State University Police Department has the primary authority for investigation of crimes on campus, although such investigation may require that officers of the department make inquiries and arrest beyond the perimeter of Campus in the following cases:

An offense committed on Campus for which the alleged perpetrator or suspect is no longer present on campus, whether or not officers are in active and immediate pursuit;

An offense alleged to have been committed by a University student in certain off-campus buildings occupied by students by virtue of their association with an organization given formal recognition by the Student Government or the University Administration.  The Chancellor of the University will send an official list of such buildings to the Chief of the Raleigh Police Department and the Chief of the NC State University Police Department.

 

1.2       When on-duty, NC State University Police Officers will have police authority beyond the university and within one mile of property owned by the university in the following cases:

·        The officer has a probable cause to believe that the person to be arrested has committed a felony, or

·        The officer has probable cause to believe that the person to be arrested has committed a misdemeanor in or out of his presence and also has probable cause to believe that one of the following conditions exists:

a.      The person to be arrested will not be apprehended unless immediately arrested or

b.      The person to be arrested may cause physical injury to himself or others unless immediately arrested, or

c.      The person to be arrested may damage property of another unless immediately arrested, or

·        The person to be arrested is subject to arrest due to an outstanding warrant, order for arrest, or other legal service requiring an arrest.

·        When appropriate, the NC State University will notify the Raleigh Police Department of intent to execute warrants and other legal papers off campus and request assistance when needed.

 

2.0       Assistance to Raleigh Police

 

Upon the request of a supervising official with the Raleigh Police Department,

NC State University Police Officers may assist the Raleigh Police Department in controlling disturbances, effecting an arrest, breach of peace, crimes involving physical injury to another person, and theft or destruction of property.  When acting upon the request of the Raleigh Police Department, NC State University Police officers shall have the same jurisdiction, powers, rights, privileges, and immunities as a Raleigh Police officer.

 

2.1       There is no assumption of liability on the part of the City for actions taken     by officers of the NC State University Police Department when those officers are acting as NC State University Law Enforcement officers pursuant to the jurisdiction extension within this agreement, nor does the University assume liability for action taken by officers of the City under this agreement.

 

3.0       Terms and Amendments

 

3.1       Effective date for this Agreement shall be the last date of signature below. It shall run continuously without necessity for renewal.

 

3.2       This Agreement shall supersede any previous Agreements concerning Police Cooperation and Mutual Aid.

 

3.3       Either party upon written notice to the other may terminate this agreement.

 

3.4       Amendments will be made to this Agreement upon the written concurrence of both parties.

 

 

 

For and on behalf of

The City of Raleigh:

 

 

 

City Manager

 

 

_____________________________     Date _______________________

 

 

For and on behalf of

North Carolina

State University

 

 

James Oblinger

Chancellor

 

 

____________________________     Date _______________________