An interesting, recent Superior Court decision that could impact many Millersville University students:
In Commonwealth v. Durso , the Superior Court, in an issue of first impression, held that the campus police of a state-owned university were not statutorily authorized to conduct a vehicle stop off of university property. The facts involved the Slippery Rock University Police who conducted a traffic stop in Slippery Rock Borough based upon a headlight malfunction. When the officers observed the violation they were in Slippery Rock Borough and the traffic stop occurred outside of campus grounds. The court found that there was a distinction in authority between campus police of state-owned universities versus campus police employed by state-related or state-aided universities. In a foot note, the opinion listed those universities in the Commonwealth designated as state-owned college and universities as follows: Bloomsburg University, California University of Pennsylvania, Cheyney University, Clarion University, East Stroudsburg University, Edinboro University, Indiana University of Pennsylvania, Kutztown University, Lock Haven University, Mansfield University, Millersville University, Slippery Rock University, Shippensburg University and West Chester University.
What this means to you? If a Millersville University police officer stops your vehicle on any non-campus roads (Frederick Street, George Street) that cut through the campus, the stop may be illegal, and the evidence obtained thereafter (results of a BAC test; observations of bloodshot eyes, odor of alcohol, slurred speech) may not be able to be used against you in Court. If this evidence cannot be used, the Commonwealth’s case would be severely impaired, and your charges would likely be dismissed.
Contact an experienced Millersville, PA DUI Attorney and Lancaster, PA Criminal Defense Attorney today to discuss your case.
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