An 18-year-old agreement that gave University Police the power to enforce traffic and criminal law outside of University boundaries recently was invalidated by the Charlottesville General District Court.
The Cooperative Patrol agreement was struck down by Judge Robert H. Downer, Jr. when lawyers for two students being tried for charges of driving under the influence proved that the agreement was incorrectly formed, the Daily Progress reported yesterday.
Former Charlottesville Police Chief John dek. Bowen forged an agreement in 1987 with then-University Police Chief Michael Sheffield which gave University officers the same authority as Charlottesville officers in traffic and criminal matters that occur near University property.
"The agreement was formed without any real authority," Defense Attorney Rob Hagy said. "The only people who really could have entered into that agreement were the city of Charlottesville" and the University.
It was under the specifications of this agreement that many DUI cases have been tried, the Progress reported. While all cases prior to this will not be changed, there are 16 DUI cases currently in progress whose outcomes could be affected by this ruling, Hagy said.
"All DUI cases that involve stops that were made not on U.Va. property are called into question," Hagy said. "The ultimate impact is really yet to be decided."
The case of Hagy's client and that of his associate Graven Craig will continue because although the cooperative agreement is not valid, the evidence in the case might still be valid under citizen's arrest law.
"In all jurisdictions where there's a state school, they need to look into the agreements," Hagy said. "Those attorneys need to reassess their cases."
While the agreement is no longer in existence, it is only a matter of putting together a proper agreement, Hagy said.
"This does not mean that U.Va. Police are never going to be able to make arrests off U.Va. property again," Hagy said. "It is something that can be corrected, and I'm fairly certain that it will be."
University spokesperson Carol Wood explained the change in University action that will result from a new agreement.
"Until new agreements are in place with the City and the County, the University Police will act consistent only within its clear statutory jurisdiction -- on University-owned or controlled property and on the streets, sidewalks and highways immediately adjacent to University property," Wood said.
Charlottesville and University police declined to comment at this time.
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