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Reed challenged a driver's license suspension imposed after a DUI arrest by a UCF police officer off-campus. The appellate court affirmed the suspension, holding the officer had lawful territorial jurisdiction under state statute and a mutual aid agreement to enforce traffic laws based on reasonable suspicion of impaired driving.
The court held that the UCF officer had sufficient territorial jurisdiction and lawful authority to stop, detain, and arrest Reed for DUI. The stop was supported by reasonable suspicion of impaired driving and imminent danger to the public, and was authorized under Florida Statutes section 316.640(1)(a)1.b. and the mutual aid agreement between UCF Police and Orange County Sheriff.
[1] A university police officer's authority to enforce traffic laws extends to property within 1,000 feet of the university campus.
[2] Traffic laws may be enforced off-campus by university police officers when an agreement for mutual aid is in place.
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Join FLexlaw to unlock all legal intelligence“These observations were sufficient to support a finding that Furnas had reasonable suspicion that Reed was driving under the influence and constituted an imminent danger to the driving public.”
Establishes the court's finding that the officer's observations provided adequate reasonable suspicion for the stop and arrest.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceUniversity of Central Florida police officer Furnas observed Reed's vehicle approaching his patrol car at an alarming rate of speed at 3:40 AM on Orio…
The full statement of facts, procedural history, and disposition for this case are member content.
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from the Florida Department of Highway Safety and Motor Vehicles, Donna Petty, Hearing Officer. Adam B. Reiss, Esq. for Petitioner. Kimberly A. Gibbs, Assistant General Counsel, for Respondent.
Before POWELL, MCDONALD, and M. SMITH, J.J.
FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI
Reed seeks review of a final order of a hearing officer sustaining the suspension of his driver’s license after a formal review hearing. We have carefully reviewed the petition, the appendix, the Department’s response and the applicable law.
University of Central Florida police officer Furnas’ incident report, admitted in evidence, lists the “location of the occurrence” as Orion Boulevard on “campus,” and the street address of the stop of Reeds’ vehicle as “Orion Boulevard/McCulloch . There was no evidence that any part of the stop or arrest occurred anywhere else than these locations, all of which were in Orange County. The report further showed that at 3:40
We conclude that, contrary to Reed’s argument, there is sufficient competent evidence to support the hearing officer’s finding that the stop, detention and arrest of Reed for DUI was within UCF Officer Furnas’ territorial jurisdiction and was lawful based upon his incident report, the mutual aid agreement (admitted in evidence), and section 316.640 (1)(a)1.b. of the Florida Statutes1. Accordingly, it is hereby ORDERED AND ADJUDGED that Reed’s Petition for Writ of Certiorari is DENIED. DONE AND ORDERED at Orlando, Florida this _3rd____ day of _June_______, 2011.
_/S/________________________
ROM W. POWELL Senior Judge
/S/
_/S/_________________________ ROGER J. MCDONALD MAURA T. SMITH Circuit Judge Circuit Judge
1Section 316.640(1)(a)1.b. of the Florida Statutes provides in pertinent par t that all university police officers have authority to enforce all state traffic laws occurring on university property or within 1,000 feet of it, and “[T]raffic laws may also be enforced off-campus when agreed upon in accordance with the mutual aid agreement.” The Combined Operational Assistance and Voluntary Cooperation and Mutual Aid Agreement between the Orange County Sheriff, University of Central Florida Police Department and the University of Central Florida provides in pertinent part that “if a UCF police officer passing through the unincorporated county observes a driver engaging in a pattern of conduct that constitutes an imminent danger to the motoring public and reasonable suspicion of driving a vehicle while under the influence ...the officer is empowered to take such law enforcement action as is immediately necessary to protect the community from the perpetrator of said crime...” See page 2, third paragraph. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing order was furnished to Adam B. Reiss, Esq., 605 E. Robinson Street, Ste. 450, Orlando, Florida 32804; and Kimberly A. Gibbs, Assistant General Counsel, P.O. Box 570066, Orlando, Florida 32857, by mail, this __3rd__ day of __June_______________, 2011.
_/S/_______________________________
Judicial Assistant