Brierton

I.

INTRODUCTION

Appellant John Greenwood Brierton appeals from a judgment in the trial court denying his petition for a writ of mandate. The trial court denied Brierton’s request that the court issue a writ of mandate to prohibit the Department of Motor Vehicles (DMV) from suspending his driver’s license as a result of his arrest for driving under the influence of alcohol in violation of Vehicle Code section 23152.

Brierton contends that the DMV may not suspend his license because the arresting officer did not have reasonable suspicion to stop him on the night of July 30, 2003. Brierton also argues that the arresting officer did not have the authority to stop or arrest Brierton on a City of San Diego (City) street because (a) the stop and arrest took place outside of the territorial jurisdiction granted to campus police officers by state statutes and/or (b) the state statutes granting campus police officers authority to enforce laws beyond campus *505 boundaries unconstitutionally conflict with the enforcement powers of a charter city. We disagree with Brierton’s contentions and aflBrm the trial court’s denial of his petition for a writ of mandate.

II.

FACTUAL AND…

I concur in the result reached in the majority opinion. I write separately because I do not share my colleagues’ perplexity over the language and relationship of Education Code 1 section 89560 and Penal Code section 830.2, subdivision (c).

*516 Section 89560 authorizes the trustees of the state college system to establish a police department and grants peace officer status to the state campus police within that jurisdiction. Under section 89560, if a campus police force is established, its primary duties lie within one mile of campus boundaries. 2

The trustees of the state college system of course have no power to establish a statewide police force. Nor do they have the power to grant their campus police statewide jurisdiction. Any extension of jurisdiction for state police beyond their primary responsibilities must be left to the Legislature. Section 89560 acknowledges the possibility that the Legislature may choose to establish, limit or expand the jurisdiction of campus police beyond their primary responsibilities.

Penal Code section 830.2, subdivision (c), is a mirror image of section 89560. It allows campus police statewide peace officer status with primary responsibility…

Appellant John Greenwood Brierton appeals from a judgment in the trial court denying his petition for a writ of mandate. The trial court denied Brierton's request that the court issue a writ of mandate to prohibit the Department of Motor Vehicles (DMV) from suspending his driver's license as a result of his arrest for driving under the influence of alcohol in violation of Vehicle Code section 23152.

Brierton contends that the DMV may not suspend his license because the arresting officer did not have reasonable suspicion to stop him on the night of July 30, 2003. Brierton also argues that the arresting officer did not have the authority to stop or arrest Brierton on a City of San Diego (City) street because (a) the stop and arrest took place outside of the territorial jurisdiction granted to campus police officers by state statutes and/or (b) the state statutes granting campus police officers authority to enforce laws beyond campus boundaries unconstitutionally conflict with the enforcement powers of a charter city. We disagree with Brierton's contentions and affirm the trial court's denial of his petition for a writ of mandate.

On July 30, 2003, at 1:31 a.m., San…