Thursday, February 4, 2010
The South Dakota Supreme Court has held that on-duty student officers at South Dakota State University do not have the authority to make citizen's arrests for petty offenses. Two students observed another student park his car, get out and apparently urinate on the tire of his car (they could not see him but heard the noise and verified that there was urine involved). A passenger also got out and vomited on a light pole. The student officers detained the driver until the real police arrived. The driver was convicted of an alcohol-related driving offense.
The court here held that the citizen's arrest was unlawful for the petty offense of public urination and the DUI conviction was reversed. (Mike Frisch)