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SECTION THREE
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CRS: Colorado Revised Statues DMC: Denver Municipal Code DFD: Denver Fire Department DPD: Denver Police Department |
Campus Safety Officer: Personnel of the Department of Campus Safety, authorized to perform public safety functions for the University of Denver. |
1. These procedures, policies, etc. are not intended to be a substitute for good judgment, commons sense, and sound reasoning. It is impossible to cover all scenarios that may arise in the course of your duties. Therefore the policy manual is to be used as a guideline rather than a concrete solution to every situation which you may encounter.
2. Officers are encouraged to familiarize themselves with the provisions of the Colorado Revised Statutes, Denver Municipal Code, DU Campus Safety Policy manual, Code of Student Conduct, Colorado Peace Officers Handbook, and any other sources available.
3. DMC 38-39 and CRS 18-8-115 provide that it is the duty of every person who has reasonable grounds to believe that a crime has been committed, to report promptly, the suspected crime to law enforcement authorities.
4. DMC 38-38 and CRS 18-8-107 provide that it is the duty of every person over the age of 18 to assist any law enforcement officer when requested to do so by any law enforcement officer.
5. Anytime a suspect is being detained for DPD, that suspect should be handcuffed. This is to insure the safety of the officer and the suspect alike. However, when the handcuffing compromises the safety of the officer, prudence may dictate that other options be exercised, such as observation.
6. All officers are reminded that students do not need a criminal record for life because of a moment of bad judgment. Discretion should be used when DU students, faculty, and staff members are involved, and it should be kept in the back of your mind that as an alternative, the University has a judicial committee that can impose sanctions internally.
Campus Safety officers responding to offense situations will:
1. Handle any criminal incident on an internal basis if DPD has been notified and prefers that we handle the incident in that manner.
2. Contact and request DPD if parties involved request such assistance.
3. Contact and request paramedics and/or ambulance, if anyone on the scene has sustained injuries or requests medical attention.
4. Contact and request DPD assistance whenever the incident involved amounts to a serious misdemeanor or the suspect is not a DU student, faculty, or staff member.
5. Confiscate and protect any contraband found until DPD arrives.
6. File a contact card on all parties involved.
Reasonable suspicion is generally defined as anything out of the ordinary. In Colorado if a peace officer has reasonable suspicion, he may stop an individual and require that individual to answer questions as to his identity, where he is coming from, why he is here and where he is going.
The University of Denver is a private institution, and Campus Safety officers are University Officials. Therefore, no reasonable suspicion is required to stop and contact any individual on the property of the University. No arrest can be made at this point. When these stops are made, officers may inquire as to the individual’s identity, where he is coming from, why he is here, and where he is going. If the individual contacted refuses to answer the officer’s questions, the officer may eject the person from the campus, or otherwise treat the individual as a trespasser, suspicious person, unwanted person, etc.
Campus Safety officers should be aware that they have no authority to violate a person’s constitutional rights and no right to detain an individual for a prolonged period of time. Under CRS 18-3-303, any person who knowingly confines or detains another person without the others consent and without proper legal authority commits false imprisonment (Class 2 Misdemeanor).
All persons are protected by the fourth amendment against unreasonable searches and seizures (arrest). However, the fourth amendment only protects citizens from intrusions by the government. Private security officers have traditionally considered to be private citizens and therefore their searches and seizures were ruled to be outside the scope of the fourth amendment. The trend among many states, however, now is that security officers should be considered government agents for the purposes of the fourth amendment. The reasons for this are as follows:
1. The state or city usually controls the certification or licensing of security officers and often has a role in their required training.
2. Security officers are trained and required in Colorado to turn suspects and evidence over to local law enforcement agencies. The court’s reason that if a officer’s main purpose is to gather evidence for prosecution, the officer should be considered an agent of the state.
Until the Colorado courts rule definitively on the status of security officers, care should be used to do everything possible to insure the constitutionality of searches and seizures. Security officers in Colorado are allowed to make arrests under the same authority that allows private citizens to make arrests. CRS 16-3-201 provides that a person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest.
Campus Safety officers should be aware of the fact that, if probable cause exists to believe that a crime has been, is being, or is about to be committed, on or within close proximity to the campus, the suspect can be (arrested) detained for DPD and presence established under trespassing, suspicious persons, unwanted persons, or nearly any of the other “free for all” crimes as found under Suspicious and Unwanted Persons in the section dealing with Violations of Federal, State or Local Law.
The same fourth amendment considerations that were involved in arrests come into play when searches are performed. In general an officer may conduct a frisk search for weapons (and only weapons) on the person of an individual during a lawful stop or detention, if the officer can state reasons why he was in fear for his life. A valid stop does not justify a frisk. For a frisk to be valid, there must be some reason for the officer to confront the citizen in the first place (reasonable suspicion), something in the circumstances including the citizen’s reaction to the confrontation must give the officer reason to suspect that the citizen may be armed and thus dangerous to the officer or others.
When all these requirements are met the officer may conduct a search limited to a frisk directed a discovery of weapons and not at evidence in general. If the individual has been placed under arrest and is being detained for DPD, this same brief frisk type search for weapons can be performed on any area within the individual’s immediate control. Immediate control for the purposes of this section means anywhere the individual may reach or lunge to gain access to a weapon.
Campus Safety officers are not permitted to conduct any type of search for evidence of a crime. If officers have reason to believe that evidence of a crime may be hidden upon an individual, they are to detain that individual, request DPD assistance, and hold the individual until DPD arrives. DPD will perform any searches of individuals for evidence. If officers have reason to believe that evidence of a crime is present in a building or other enclosed area, they are to secure the area, allow no one to enter the area, and request DPD assistance. DPD will perform any searches of buildings or enclosed areas for evidence. If a Campus Safety officer has a strong reason to believe that the area can not be secured, evidence will be destroyed, or that exigent circumstances exist, the officer may seize the evidence and take control over it. If this action is taken, the officer must immediately request DPD assistance. Seizing evidence is to be done only as a last resort, and extreme caution is to be used. All officers will be subject to strict scrutiny if they choose to seize evidence.
If a situation can be remedied, and the suspect is a DU student, faculty or staff member:
1. Perform investigation.
2. Remedy situation.
3. Make necessary notifications to appropriate University Officials.
4. Complete incident report.
If situation cannot be remedied, or the suspect is not a DU student, faculty, or staff member:
1.Treat situation as trespassing, suspicious person, unwanted person, disturbance, etc. and handle accordingly.
2. Make necessary notifications to appropriate University Officials.
3. Complete incident report.
Violations of Federal, State or Local Law
Any cause, Homicide, Suicide, Accident, Natural Causes, Etc.
1. Contact and request DPD assistance.
2. Contact and request paramedic’s assistance.
3. Allow no one to leave the scene until DPD arrives.
4. Protect scene, evidence, etc. from all people until DPD arrives.
5. Identify all victims, witnesses, suspects, etc.
6. Assist DPD in any manner requested.
7. Make necessary notifications to appropriate University Officials.
8. Complete incident report.
The unlawful taking and carrying away of a human being by force and against his will without justification or excuse. For a further discussion see CRS 18-3-301 through 18-3-305
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
Any unlawful touching of another, without justification or excuse. For a further discussion see CRS 18-3-201 through 18-3-209.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
Any unlawful touching of another’s sexual areas of the body, without justification or excuse. For a further discussion see CRS 18-3-401 through 18-3-414.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
Any cause, Arson, Accident, Natural causes, etc.
1. Contact and request DPD assistance.
2. Contact and request DFD assistance.
3. Protect scene, evidence, etc. from all people until DPD arrives.
4. Identify all victims, witnesses, suspects, etc.
5. Assist DPD or DFD in any manner requested.
6. Make necessary notifications to appropriate University Officials.
7. Complete Incident report.
See Also: Fire section under Emergencies (Section 200).
The unlawful entering or remaining of any structure for the purpose of committing a crime therein:
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
The unlawful taking of property from another through the use of force without justification or excuse. For a further discussion see CRS 18-4-301 through 18-4-305.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
The unlawful taking of property of another, without justification or excuse. For a further discussion see CRS 18-4-401 through 18-4-414.
If more than $50.00 is involved or there is a known suspect.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
If less than $50.00 is involved and no suspect is known.
1. Perform investigation.
2. Make necessary notifications to appropriate University Officials.
3. Complete incident report.
The unlawful entry into any motor vehicle for the purpose of stealing anything of value. For a further discussion see CRS 18-4-502.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
The unlawful defacing or damaging of public or private property, without justification or excuse. For a further discussion see CRS 18-4-501 through 18-4-514. See also DMC 38-51 through 38-85.
If damaged property belongs to someone other than DU or if DU property is damaged and suspect is not a DU student, faculty or staff member:
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
If property damaged belongs to DU and the suspect is a DU student, faculty, or staff member.
1. Perform investigation.
2. Make necessary notifications to appropriate University Officials.
3. Complete incident report.
The unlawfully entering or remaining in or upon premises, without justification or excuse. For a further discussion see CRS 18-4-501 through 18-4-514. See also DMC 38-115.
If suspect is not a DU student, faculty or staff member:
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
If suspect is a DU student, faculty, or staff member:
1. Perform investigation.
2. Make necessary notifications to appropriate University Officials.
3. Complete incident report.
People acting in an unusual manner from University norms, and persons not wanted on the University campus.
1. Perform investigation.
2. Use discretion as to the necessity of DPD assistance.
3. Identify all victims, witnesses, suspects, etc.
4. Use discretion as to warnings to leave campus and not return.
5. Contact and request DPD assistance if questionable identification, previous warnings given, or refusal to leave.
NOTE: There are also several other alternatives that can be exercised when dealing with trespassing, suspicious, or unwanted persons. There are many actions that amount to crimes under chapter 38 of the Denver Municipal Code and under the Colorado Revised Statues. Most of these crimes require very little in undesired behavior and can be used easily to justify an arrest. The following are just a few of these options:
38-86 Loitering
38-89 Disturbing the peace
38-92 Threats
38-94 Unlawful acts upon a learning facility
38-115 Trespassing
38-172 Disorderly intoxication
18-3-206 Menacing
18-3-207 Criminal extortion
18-3-208 Reckless endangerment
18-4-501 Criminal mischief
18-9-102 Inciting a riot
18-9-106 Disorderly conduct
18-9-108 Disrupting lawful assembly
18-9-109 Interfering with an educational institution
18-9-111 Harassment
18-9-112 Loitering
The unlawful distribution of any controlled substance, without justification or excuse. For a further discussion see CRS 18-18-01 through 18-18-109. See also DMC 38-171 through 38-190.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
The unlawful possession or use of any controlled substance other than marijuana or marijuana concentrate, without justification or excuse. For a further discussion see CRS 18-18-101 through 18-18-109. See also DMC 38-171 through 38-190.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
The unlawful possession or use of marijuana or marijuana concentrate, without justification or excuse. For a further discussion see CRS 18-18-101 through 18-18-109. See also DMC 38-171 through 38-190.
If more than one ounce of marijuana is involved or the suspect is not a DU student, faculty, or staff member:
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
If less than one ounce of marijuana is involved and the suspect is a DU student, faculty, or staff member:
1. Perform investigation.
2. Make necessary notifications to appropriate University Officials.
3. Complete incident report.
The unlawful possession of any material designated, or intended for use in growing, manufacturing, concealing, injecting, or otherwise used for introducing into the body a controlled substance. For a further discussion see CRS 12-22-501 through 12-22-506. See also DMC 38-171 through 38-190.
If suspect is not a DU student, faculty or staff member:
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
If suspect is a DU student, faculty, or staff member:
1. Perform investigation.
2. Make necessary notifications to appropriate University Officials.
3. Complete incident report
The unlawful possession of liquor by any person under 21 years of age, without justification or excuse.
If suspect is not a DU student, faculty or staff member:
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
If suspect is a DU student, faculty, or staff member:
1. Perform investigation.
2. Make necessary notifications to appropriate University Officials.
3. Complete incident report
The unlawful distribution of any liquor alcohol to any person under 21 years of age, without justification or excuse.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
The unlawful possession of a weapon, without justification or excuse. For a further discussion see CRS 18-12-101 through 18-12-110. See also DMC 38-116 through 38-145.
If suspect is not a DU student, faculty or staff member:
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
If suspect is a DU student, faculty, or staff member:
1. Perform investigation.
2. Make necessary notifications to appropriate University Officials.
3. Complete incident report.
Discharging a firearm for any reason. For a further discussion see DMC 38-121.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
The unlawful possession of explosives or any component therein, without justification or excuse, other than class “C” fireworks. For further discussion see CRS 18-12-101 through 18-12-110. See also DMC 38-126.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
The unlawful use or possession of fireworks. For a further discussion see DMC 38-126.
If suspect is not a DU student, faculty or staff member:
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
If suspect is a DU student, faculty, or staff member:
1. Perform investigation.
2. Make necessary notifications to appropriate University Officials.
Incidents where there has been an act of violence directed against another or incidents where there is the future possibility of violence directed towards another.
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
Incidents where there has not been any act of violence and there appears to be no possibility of future acts of violence.
If suspect is not a DU student, faculty or staff member:
1. Contact and request DPD assistance.
2. Protect scene, evidence, etc. from all people until DPD arrives.
3. Identify all victims, witnesses, suspects, etc.
4. Assist DPD in any manner requested.
5. Make necessary notifications to appropriate University Officials.
6. Complete Incident report.
If suspect is a DU student, faculty, or staff member:
1. Perform investigation.
2. Make necessary notifications to appropriate University Officials.
3. Complete incident report.
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