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Thursday, February 12, 2004

Miami U. police powers contested


Lawyer contends reach is limited

By Jon Gambrell
Enquirer contributor

OXFORD - A local attorney is challenging several traffic-stop arrests by Miami University's police, saying they overstepped their authority.

Wayne Staton, also a Miami associate professor of finance, recently filed a brief in Area One Court, arguing the university's police department has no jurisdiction to make arrests on public roads.

Staton, a 28-year professor and a Miami graduate, said that while Ohio Revised Code allows for sheriff's deputies, township and city police to make arrests, there is no mention of the powers of a university police department.

"If Miami University police are making illegal arrests, it affects everyone," Staton said. "They have the right to arrest on the property, but not off of it."

After winning a recent drunken driving case by questioning the university police's jurisdiction, Staton prepared his brief on behalf of four other clients arrested in traffic stops.

The lawyer also called in a jurisdiction expert to see who "owns" U.S. 27 and Ohio 73, which both run through the campus. He hopes to file an expanded brief in the coming weeks.

The Miami University Police Department has 27 full-time officers. Patrolling the roughly three square miles of university property, the department also assists the Oxford police through a mutual aid agreement, according to Miami police Lt. Andrew Powers.

Powers said the powers of the university police were the same as any other department, though their patrol area was smaller. He said the county prosecutor's office told the department public streets surrounded by university property were under their control.

"The bottom line in all cases is that our officers removed a drunk driver from the street before they killed someone," Powers said. "Counselor Staton is looking for technicalities to help his clients."

If a judge would rule in favor of Staton, it could drastically reduce the powers of university police. Powers said if that happened, the prosecutor's office would act on their behalf to preserve the department's jurisdiction.

"It's up to the judge to decide what is relative and compelling," he said.

E-mail jgambrell@fuse.net




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