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City of Missoula v. O'Neill11/23/2004
At approximately 2:00 a.m. on February 9, 2003, Michael Blazevich (Blazevich), a campus security officer for the University of Montana (University) Office of Public Safety, was patrolling the University's South Campus Stadium area, which consists of Dornblaser athletic field, some parking lots and campus family housing. The South Campus Stadium area is bordered to the north by South Avenue, to the west by Higgins Avenue and to the south for a short distance by Pattee Canyon Drive. While patrolling, Blazevich observed a vehicle travel through the intersection of South and Higgins Avenues, and proceed southbound on Higgins Avenue. Blazevich determined by radar that the vehicle was traveling in excess of the posted speed limit, activated the patrol car's overhead lights and pursued the vehicle. The vehicle continued south on Higgins Avenue, turned east onto Pattee Canyon Drive and stopped about 400 feet thereafter. Blazevich identified the vehicle's driver as O'Neill, and eventually arrested him for traveling in excess of the posted speed limit and driving under the influence of alcohol (DUI).
O'Neill subsequently moved the Missoula Municipal Court to dismiss the charges, arguing that Blazevich lacked jurisdiction to either stop his vehicle or arrest him. The Municipal Court denied the motion. O'Neill and the City of Missoula (the City) then entered into a plea agreement by which O'Neill agreed to plead no contest to the DUI charge and the City agreed to dismiss the speeding charge. O'Neill specifically reserved his right to appeal the Municipal Court's denial of his motion to dismiss. The Municipal Court accepted O'Neill's plea of no contest to the DUI charge and imposed a sentence. O'Neill appealed to the District Court. The District Court affirmed the Municipal Court's denial of O'Neill's motion to dismiss. O'Neill appeals.
STANDARD OF REVIEW
The grant or denial of a motion to dismiss in a criminal proceeding is a question of law which we review to determine whether the district court's conclusion of law is correct. City of Helena v. Danichek (1996), 277 Mont. 461, 463, 922 P.2d 1170, 1172.
DISCUSSION
Did the District Court err in affirming the Missoula Municipal Court's denial of O'Neill's motion to dismiss on the basis that a university security officer had jurisdiction to stop and arrest O'Neill?
O'Neill moved to dismiss the charges against him based on Blazevich's alleged lack of authority to make a vehicle stop or arrest because O'Neill's speeding and DUI offenses occurred outside the geographic boundaries of Blazevich's jurisdiction as a University campus security officer. The District Court concluded Blazevich had jurisdiction to stop O'Neill's vehicle and arrest him pursuant to both § 20-25-322, MCA, and § 44-11-101, MCA. O'Neill asserts that the District Court's conclusion is erroneous. We conclude that the District Court correctly determined Blazevich had jurisdiction pursuant to § 20-25-322, MCA, and, consequently, we need not address O'Neill's assertion that the court erred in interpreting § 44-11-101, MCA.
University campus security officers are peace officers with the general jurisdiction to exercise their authority
(a) upon the campuses of the Montana university system and, for campusrelated activities, an area within 1 mile of the exterior boundaries of each campus; and
(b) in or about other grounds or properties owned, operated, controlled, or administered by the regents or any unit of the Montana university system. Section 20-25-321(1), MCA. The District Court correctly concluded that Blazevich was not within his jurisdiction under either subsection (a) or (b) of § 20-25-321(1), MCA, when he stopp
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