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Show FRIDAY, DECEMBER 1, 1972 THE DAILY RECORD PAGE SEVEN Office of Attorney General OPINION NO. November Dr. Walter D. REQUESTED BY: to do so by school officials. They further have the power and duty to upon school property, unsummoned by school officials, if have a reasonable suspicion that the law Is being violate. In either they case, the police response should be reasonable and taken with due regard for preserving the educational environment. Any police Involvement In the schools should be limited to actual, necessary police work and the public and general specific control of the schools should.be left exclusively In the hands of school upon enter 72-0- 54 28, 1972 Talbot, State Superintendent of Public State Board of Education officials. Utah Instruction, 3 The power of police officers Is limited by Sec. U.C.A. 1953, quoted above. The authority to enforce mere school regulations would not fall within this grant of power nor would the powers of sheriffs granted U.C.A. 1953, Include such. The by Sec. for enforcing responsibility school regulations rests on the school officials. Such officials are not, however, left to the mercy of their students. Police help Is available to enforce state and local laws which students might violate, Including traffic laws, as well as to "preserve the public peace, prevent crime, . .suppress 16-6-- Vernon B. Romney, PREPARED BY: Attorney General Nelson, Assistant Attorney General Frank V. i 17-72- -2, 1. May a police officer perform specific and general police duties on public school grounds and buildings QUESTIONS: when called upon to do so by school 2. May he do so In the absence by school officials? 66, officials? of a specific request persons or property." The scholastic training of the students Is the responsibility of the schools, whereas the enforcement of laws and ordinances and the keeping of the peace are the duty and responsibility of the police. riots, protect 3. May a school call upon a police officer to enforce school regulations concerning traffic and other matters? The authority to enforce certain school regulations by the Issuance of legally enforceable citations has been granted by specific statutory authority to state Institutions of higher education (Sections -5 through U.C.A. 1953). Absent such specific citations can not be authority, Issued to enforce public school regulations, traffic or otherwise. 4. May a police officer enforcing school regulations Issue citations enforceable In the local courts? 53-45- 53-45- -9, See CONCLUSIONS: opinion. 2. The duties and responsibilities of county sheriffs and municipal police departments were detailed In the recent Attorney General Opinion 6, No. dated August 19, 1972. The basic law enforcement duty of a sheriff Is to N. . .preserve the peace. . .(2)make all lawful arrests. . ." U.C.A. 1953), and as the chief law enforcement officer of the (Sec. county, his jurisdiction Is coextensive with the county. Sheriffs are basically police officers charged with enforcing the law throughout the entire county. A sheriff can generally assume that the law enforcement duties within municipal boundaries will be performed by the municipal police forces which are charged by statute with the duty to ". . .preserve the public peace, 1 & 72-03- 77-13- -3, prevent crime, detect and arrest offenders, suppress riots, protect persons property. . .enforce every law relating to the suppression of offenses U.C.A. 1953). The jurisdiction of municipal police ." (Sec. forces Is coextensive with the boundaries of the municipality. and . . Cooperation between schools and cities or counties can be facilitated through existing state law. See Sec. and Sec. et seq. It should also be noted that police officers are required to perform "all duties U.C.A. 1953). It Is possible enjoined on them by ordinance" (Sec. that municipalities could be persuaded to pass ordinances which would more directly Involve their policemen In the school process. 53-4-- every public school In the state Is located within the jurisdiction of either a municipal police department or a sheriff's department or both. In the case of a city school. It Is clear that Local boards of education have been characterized by the Utah Supreme Court as public municipal corporations (Chamberlin y. Walters, et al., 37 P. 566, Bertagnoll v. Baker, 215 P.2d 626). While public schools are not, strict- ly speaking, state property, control of such property is not generally within the power of municipalities. ", . .the control of our public school system remains with the legislature except where such control Is ex- 'pressly or by necessary implication conferred on some other power." Salt Lake City v. Board of Education, 175 P. 654, Mortgages 225 The police 258 260 291 of cities over school property Is therefore limited officers may is 177 188 enter public or private property Several Attorney General opinions have affirmed the fact that It Is In police work on state appropriate for city police or sheriffs to participate university campuses when there existed Mooney etux to Newspaper Bn. Cr. $l26l. John H Janice R. Smith to John E. Runyan etux. for assistance by university officials. 70-02- 69-0- 62 Simpson 668 & Sec. Title, Tr. to J 226 First Sec. St. Daryl M. Bank to etux. 261 St. 363 290 A to Loan Warren 711 Am. 713 Walker Bank to Keith Gustaves on etux. 728 Am. Nat. Inv. Heilman etux. to to Nat. Inv. LeLonde Thompson 716 ' Fredrickson etux. .Granite Inv. to 01 af T. Jensen etux. St. Sav. A Loan Roger B. I. Lei and Jr. etux to Willis J. Petersen etux. 755 759 Utah St. Em. Cr. to Maurice C. Barnett etux. to Dry Dock Sav. Bank Richard L. Justesen etux. to Stanley J. Pettingill etux. Sav. to 702 761 Met. Sav. Bank Inv. to Reed Lake View 685 McCarty etux. Benef. Life Ins. to Milton Peter Nezos Jr. etux.. Dean R. Cantwell etal Richard G, Fiarboum. A K to Linford Maxfield etux. Univ. Utah Em. Cr. D. 676 & K to John Loan Sorenson Que Davis etux. 809 Met, Life to Sav, First Sec. Purple Hills Dev. to Lafe B. Brown etux. Zions 1st Nat. Bank to Robert B. Nixon etux. 811 Occidental Life Ins, to Bardsley etux. Purple Hills Dev. to Lafe B. Brown etux. 815 McGhie Land Greater Sav. Bank New Title, Tr. to Melbourne T. Yergensen lxk Lawrence Owen Smith 816 (Attorney 625 Central Sav. Bank to jpwey 53-6-- 20, Is not. and In conclusion, police and sheriff officers have both the power an Prevent the to peace, preserve the duty to enter upon school property called occurred If has which a crime already Imminent crime, or Investigate 823 Central Sav. Bank to Jams e)ux. 615 Sec. Life A Acc. to Don L Jacobson etux. 877 Garden St. Nat. Bank to Joseph F. Helm etux. 895 Mutual Benef. Life to Richleigh etux. Heav Gllliat to Edna Blank- 91 1 Chevron West Cr . G. Bale etux. 911 Comm. N. enship. Sav, A Loan to Yemon Romney Washington Height Fed. Sav. to Harry Zierold 2192 653 Nat. Fin. etal. , Tr. Yergen- etux. Dean P. Cant well etal to Richard G. Fairbourn St, Title sen etux. 635 First Sec. Bank to Held on L. Jensen etux. 656 McGhie Land Tr. to etux. to Melbourne T. F. Loving etux. 638 Title, Royal-V- . Fackrell etux. do 72-03- 5), 817 J. Gill etux. 626 St. Sav. Bank to 627 McGhie Land R. L. Yergensen etux. 2.) 4) St. Sav. to declaring that cities recent Attorney General Opinion and traffic parking on public school grounds not have the right to regulate Ti to be distinguished on the ground that such regulation on school ProPrtY U.C.A. 1953, Is within the scope of school board authority (Sec. whereas law enforcement (police) authority Attorney General Opinion (72-00- Inc. to J Cox etux. must There being no other agency available for such, the Legislature enforcement law duties assume primary have Intended that local police forces on public school property. It would be difficult to assume athat schools were Intended to be off limits to police until after the fact of crime. However, with the schools is It must be further assumed that such police. Involvement such authority is also to be tempered by the standard that cised In a reasonable manner In light of special circumstances and conditions Inherent In a public school and Its operation." Ibid. A Koch 20l 62l These and General Opinion No. quoted In the fact that public are analogous to those of the public schools except for with primary law enforceuniversities may have their own police force charged do not. ment responsibilities on campus, while public schools 10, J P. Ronald ". . .matters. . .which constitute a nuisance or danger to city residents or to their property. . .such authority to be exercised in a reasonable manner In light of special circumstances and conditions Inherent In a university and Its operation", I Benef. Fin. to Ronald J. Enterprises . Municipal Corporations, Sec. 574, p. 1108. made 667 L. Davis etux. 227 for the purpose of preventing a breach of the peace or some other crime; but they may not, under the guise of performing their duties, Invade private school district property 62 C.J.S. without suspicion that the law Is being violated. 69-0- Larry D. Larson etux to Granite Teachers Cr. Enterprises . over school property, personnel or pupils except In cases where the law being actually broken or is threatened to be broken. request Is Dial Fin. to William LeFevre etux. Mortgages Release 2193 175 the cities should not logic of the above quoted case was that school districts and property allowed to exercise their police power against community exists. the to a where general potential danger except In cases allowed to exercise control be not should or sheriffs By analogy, city police when a 662 G. The or $3650. Bhikhalal Manllal Suthar etux to LaMar Norton etux. $9135. be "... Dial Fin. to etux. 657". ". . .except in the case such buildings should become a menace and a danger . . ." Ibid. 659. This case did allow the city to require a. school building to Install communication equipment by which fires could be reported. Thus 661 Bank $5173.20. 296 of the second class, Is conferred power Dial Fin. to E. R. etux." etux to McCarty 60. on the Interference of boards of education without the power on the part of such cities. Ibid. 656. and Mortgages Release 660 J. Daryl First Sec. St. ". . .one naturally arrives at the conclusion that the entire control of the public school system, including the constru-tio- n and maintenance of school buildings, In cities of the first 11-13- -1, 10-6-- 66, 10-6-- 66, .Given the foregoing, 13 916 to Sac. Bank to Jack Thomas Burton etux. Ansel Serv. to LaDon Farnsworth etux. |