Tempe vs. ASU Police Jurisdiction

ASU is one of the largest universities in the world, enrolling more than 200,000 students this year. This makes ASU the size of its own small city, before factoring in professors and other faculty. ASU is not only known for its large student population. It also has a reputation for being a “party school.” Putting so many young adults together for their first time being independent is bound to lead to some drinking and other illicit drug use. Keeping both of these facts in mind, it’s not hard to see why ASU needs its own police force. An ASU student could be arrested by ASU or city police and face life-changing consequences. The best way to mitigate these consequences is by retaining high-quality defense counsel in such a case. Schedule your free phone consultation with My AZ Criminal Defense today by calling 480-833-8000. 

How Limited Are ASU Police Officers?

One might expect that an ASU police officer wouldn’t have the same extent of authority as a police officer for Tempe or another Arizona city. But both ASU and Tempe police officers must hold certain certifications, including the Arizona Peace Officer Standards and Training (AZPOST) certification. Because of this, an ASU police officer has the authority to enforce traffic laws statewide, not just on ASU grounds. It wouldn’t make sense for an ASU police officer to be forced to abandon pursuit of a criminal suspect because they fled off of ASU campus. Therefore, it isn’t unheard of to be stopped by an ASU police officer while on Mill Avenue, Apache Boulevard, and even the corridor of Rural/Scottsdale Road. Additionally, there are several university-owned property on these roads, giving ASU police all the more reason to patrol near these areas. Sometimes, ASU and Tempe Police will even team up for law enforcement initiatives, such as Drunk Driving prevention programs.

University Police Arrest Consequences

While both Tempe and ASU police can engage in traffic enforcement statewide, an arrest by an ASU police officer automatically triggers a report to ASU’s Dean of Students. This can have severe negative repercussions on a student’s academic career. It also means additional steps to complete after the arrest beyond a potential criminal prosecution. 

When the ASU Dean of Students is notified of a student’s arrest, that student will receive a notice. Depending on the circumstances surrounding that arrest, that notice could be for an informal meeting to discuss the incident, or a formal hearing on the matter. If the charges against the student involve violence or threats of violence, they may be suspended from school and banned from university campus until the hearing. The burden of proof in a hearing with the Dean of Students is lower than in a criminal court of law. Additionally, prosecutors can subpoena records from a university hearing and use them in a subsequent criminal prosecution. A student should keep this in mind when making statements to the Dean of Students. 

In a university hearing, the student is declared “responsible” rather than “guilty” like a criminal defendant. There are a wide variety of consequences that the Dean of Students can enact when a student is found responsible for illegal conduct, like:

• Disciplinary probation, or a formal warning that further illegal activities will result in more serious consequences
• Educational sanctions, like requiring the student to complete community service, drug and alcohol screening and courses, and mandatory counseling
• Loss of scholarships and other financial aid
• Eviction from university dorms or campus housing
• Suspension from school for a set time period, such as one semester or one year, which can delay graduation
• Expulsion from school

Considerations for ASU Students Facing DUI Charges

Driving Under the Influence, or DUI, is one of the most-pursued criminal offenses in Arizona, making it a common charge for ASU defendants. Arizona already has some of the strictest DUI laws in the country, with a discretionary BAC limit of 0.05 and mandatory jail time for first-time offenders. But there is a special caveat that could very well apply in an ASU student’s case. Arizona has a “baby DUI” law that applies to drunk drivers under the age of 21. This law makes it much easier for underage drinkers to get a DUI because it reduces the legal limit for driving to a BAC of 0.00. That means a driver under 21 years old in Arizona can be arrested for DUI for any amount of alcohol in their system. Here, jail time isn’t mandatory if it is a first offense and the driver’s BAC was below 0.08. The flip side to this is that the potential driver’s license suspension is increased to 2 years. This could be highly inconvenient for a youth finishing up their education and starting out in their career. 

Defending against DUI charges is clearly a huge concern for an ASU student charged with this offense. There are some specific strategies that an ASU student defendant should consider using in their case, like:

• Question the reasonable suspicion the officer had to stop and investigate the driver, particularly if it was off of ASU property
• Identify potential deviations in field sobriety testing. Common examples of field sobriety testing are walking in a straight line, balancing on one foot, and the horizontal gaze nystagmus. There are plenty of potential distractions and other issues on ASU campus that could cause a sober driver to appear intoxicated during field sobriety testing. Examples include poor lighting, cracks in asphalt, and student crowds. 
• Request logs from multiple law enforcement agencies during discovery. A student defendant can request call logs from both Tempe Police and ASU Police, including 911 logs. These may show discrepancies that can create an alibi and other possible defenses for the defendant. It will also make any other evidence presented from those agencies less believable. 
• Review body cam footage. This is another important piece of evidence to request during discovery. ASU Police and Tempe Police have different protocols surrounding the use of body cameras. The defense should keep this in mind when requesting and reviewing such footage. Missing footage could create a weak point in the prosecution’s case against the defendant. Misaligned syncing in body cam footage could be grounds for a motion to suppress, which could completely destroy the prosecution’s case. 

Don’t Let a Mistake Throw Off Your Academic and Professional Career. Schedule Your Free Consultation with a Member of Our Firm Today. 

College is just the beginning of adulthood. But being arrested and convicted of a criminal offense can limit the opportunities that should be becoming visible on your horizon. Even with post-conviction relief, a criminal conviction will follow a college student defendant for the rest of their life. That’s why it’s so important to retain a criminal defense attorney when facing criminal charges while in college. Whether you need careful negotiation to achieve a favorable plea bargain or aggressive representation to be found not guilty at trial, our firm is prepared to help. Our dedicated staff and attorneys have years of experience helping Arizona criminal defendants make the best of unfortunate situations. Fight back against criminal charges to retain your rights and your educational career. Schedule your free consultation today by calling 480-833-8000.