104 A.3d 591
Pa. Super. Ct.2014Background
- On April 27, 2013, a Slippery Rock University police officer (Officer Davis) sat stationary on campus and used a speed device to observe vehicles on Kiester Road; he recorded Boyles traveling 43 mph and followed him.
- The traffic stop occurred off campus (near Pine Glenn Apartments) on a portion of Kiester Road not owned or maintained by the university.
- During the stop officers observed alcohol in Boyles’s car, smelled alcohol, conducted field sobriety tests, arrested him for DUI, and a breath test produced a BAC of .110%.
- Boyles moved to suppress evidence, arguing university police lacked jurisdiction to stop a vehicle off campus; he relied on Commonwealth v. Durso holding campus police powers are limited to university property.
- The trial court granted suppression citing Durso. The Commonwealth appealed, arguing SSHE statute 24 P.S. § 20-2019-A grants campus police MPJA powers and that hot pursuit under 42 Pa.C.S. § 8953(a)(2) applied; it also argued the road was effectively campus grounds because it runs through campus.
- The Superior Court affirmed, concluding Kiester Road was not within the statute’s definition of campus "grounds," Officer Davis lacked primary jurisdiction, and the MPJA hot-pursuit exception did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SSHE campus police may stop motorists off campus under 24 P.S. § 20-2019-A and MPJA § 8953 | Commonwealth: § 20-2019-A(5) imports municipal police powers; hot-pursuit (§ 8953(a)(2)) allows off-campus stop | Boyles: Campus police powers are limited to university "grounds"; Durso controls and bars off-campus stops | Held: No. Kiester Road was not "grounds;" officer lacked primary jurisdiction, so hot-pursuit provision unavailable |
| Whether a public road abutted on both sides by university property is part of campus "grounds" | Commonwealth: Road runs through campus and should be treated as campus property for jurisdictional purposes | Boyles: Ownership/maintenance matters; abutment does not convert public road into campus grounds | Held: Abutment alone does not make the public road campus grounds; statute’s definition requires ownership/control/management |
Key Cases Cited
- Commonwealth v. Durso, 86 A.3d 865 (Pa. Super. 2013) (held campus police powers confined to campus property under statutes at issue)
- Commonwealth v. Johnson, 941 A.2d 1286 (Pa. Super. 2008) (appellate court may affirm trial court on any proper basis)
- Commonwealth v. Van Aulen, 952 A.2d 1183 (Pa. Super. 2008) (statutory interpretation is a question of law reviewed de novo)
- Commonwealth v. Klingersmith, 650 A.2d 444 (Pa. Super. 1994) (specific statutory provisions prevail over general ones when inconsistent)