North Dakota v. Wilkie

Police officers outside of their jurisdiction generally act without official capacity and authority to arrest. A University of North Dakota (UND) police officer has the authority to initiate a traffic stop of a driver operating a motor vehicle on university property. Todd Wilkie appealed a criminal judgment after conditionally pleading guilty to reckless endangerment, fleeing or attempting to elude a peace officer and driving under suspension, reserving the right to appeal the denial of his motion to suppress evidence and dismiss the case. UND police officer Anthony Thiry was traveling east on Gateway Drive when he saw a vehicle traveling east on the 3000 block of Gateway Drive at a fast rate of speed and exhibiting erratic driving behavior. Officer Thiry checked the vehicle's license plate and discovered the owner, Wilkie, had a suspended drivers license. The vehicle driver matched Wilkie's description. According to Officer Thiry, he activated his overhead lights attempting to stop Wilkie, but the vehicle sped past, ultimately becoming disabled from hitting a median. Wilkie fled by foot and was apprehended.  Wilkie filed a motion to suppress evidence and dismiss the case, arguing Officer Thiry lacked jurisdiction to stop him. After a hearing the district court entered an order finding Officer Thiry was within the UND police department's jurisdiction and had official capacity and power to arrest Wilkie because UND owns the property encompassing the eastbound lane of Gateway Drive. The district court further determined Officer Thiry was in hot pursuit of Wilkie when Wilkie did not stop his vehicle within UND police department's jurisdiction. Finding no reversible error in the district court’s judgment, the North Dakota Supreme Court affirmed. View "North Dakota v. Wilkie" on Justia Law