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755 So. 2d 75

State v. Trask

Court of Criminal Appeals of Alabama

Decided December 30, 1999

Court of Criminal Appeals of Alabama · decided 1999-12-30

Decided 1999-12-30

McMILLAN, Judge.

¶1The State appeals from the trial court’s order granting the motion to dismiss filed by Felicia Louise Trask, the appellee.

¶2The record indicates that on April 5, 1998, Trask was arrested on the campus of the University of South Alabama for driving under the influence of alcohol, in violation of § 32-5A-191(a)(2), Ala.Code 1975. She filed a motion to dismiss the charge alleging that the University had no authority to appoint police officers and, therefore, the officers had no authority to arrest her and that the charge should be dismissed. The trial court granted the motion; the State appeals.

¶3Section 16-22-1, Ala.Code 1975, provides:

“The president or chief executive of any state college or university, the president or chief executive officer of the Alabama Institute for Deaf and Blind, the presidents of Talladega College, Concordia College, Samford University, Birmingham-Southern College, and Selma University may appoint and employ one or more suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property of the college or university or of the institute. These persons shall be charged with all the duties and invested with all the powers of police officers.”

¶4Based on this statute, the trial court’s order granting Trask’s motion to dismiss in this case is due to be reversed and the cause remanded to the trial court for proceedings consistent with this opinion.

¶5REVERSED AND REMANDED.

LONG, P.J., and BASCHAB and FRY, JJ., concur.COBB, J., concurs in result only.
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