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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111466
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Last week was advised that a college police department

Customer Question

Last week was advised that a college police department intended to arrest me. My building although close to campus is not on campus. The college police has been told not to come in our building. They were going to enter through a convenience store in the building whose rear entrance is in the buildings lobby. They were going to enter the building through the store in the middle of the night and then enter my apartment with a pass key and I guess kidnap me. They have limited authority over off campus people and must turn them over to the big city police department. I am not and have never had any discussions with any police dept about any crime. What is my position vis vie the college police and the owners of the store who will give tem access for money even though the building owner woul very probably disapprove.
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please understand that the experts on this site are not employees of this site and as such get no credit for spending time with you unless you leave positive feedback, which you have failed to do for the last two experts who spent time with you. Many customers do not understand this, so please do not take offense. Please be considerate of your experts who worked with you previously and return to those questions to leave positive feedback.
What state is this in? Did they have an actual warrant for your arrest?
Did they actually illegally enter your off campus apartment?
Customer: replied 5 months ago.
Illinois I do not know about warrant. MY assumption is they will enter the apartment.
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply. Please go back to your other questions and fix those so that the previous experts are credited for assisting you.

Under 110 ILCS 1020, in pertinent part, "...Members of the campus police department shall have the powers of municipal peace officers and county sheriffs, including the power to make arrests under the circumstances prescribed in Section 107-2 of the Code of Criminal Procedure of 1963, as amended, for violations of state statutes or municipal or county ordinances, including the ability to regulate and control traffic on the public way contiguous to the college or university property, for the protection of students, employees, visitors and their property, and the property branches, and interests of the college or university, in the county where the college or university is located. Campus police shall have no authority to serve civil process."

So, if they did obtain a warrant, they could come to your property and arrest you. They cannot simply break into your apartment and kidnap you or even arrest you without a warrant. If they were to do that, then you could sue them for violation of your 4th and 5th Amendment rights since they entered your property without a warrant and also arrested you without a warrant.

If they have a warrant, then they can arrest you wherever found, including coming to your apartment to arrest you, but again, they still cannot break in to do so, they must knock and announce their presence first. They still must have obtained a warrant to do so and just because you have never spoken to them does not mean they did not get a warrant and that is something you would need to find out, which would mean engaging a local criminal defense attorney who would have to contact the department and if they have a warrant then your attorney can arrange for your surrender and also seek to have bail pre arranged.

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