As college students, we tend to lead risky lifestyles. We drink underage, speed while driving and occasionally damage property. Normally we get away with it, but sometimes the police catch up with us.
We grow up thinking the police are good people who are infallible and would never break the law themselves. But occasionally, police overstep their bounds and violate our rights as citizens. Sadly, this abuse goes unpunished the majority of the time. That is why it is extremely important we know our rights.
The following information has been gathered from the American Civil Liberties Union. Its Web site is aclu.org, and a printable card containing the following information can also be found on the Web site. Search for "bust card."
Any time you deal with the police, you should remember the following:
• Think carefully about your words, movement, body language and emotions.
• Don't get into an argument.
• Remember, anything you say or do can be used against you.
• Keep your hands where the police can see them.
• Don't run.
• Don't ever touch a police officer.
• Don't resist even if you believe you are innocent.
• Don't make any statements regarding the incident as they can be used against you later in court.
• Ask for a lawyer immediately upon arrest.
If the police knock and ask to enter your home, you do not have to admit them if they don't have a search warrant. However, in some emergency situations, like someone inside is screaming for help, officers are allowed to enter and search your home without a warrant. If you are arrested, the police can search you and the area close by. Close by usually means only the room you are in.
It is best to just step outside and close the door behind you when the police arrive, so they can't see anything that may be suspicious inside. If you have a conversation in the doorway and they happen to see a massive bong sitting on your coffee table, you're just inviting them to arrest you.
If you're stopped in your car, you must show the officer your driver's license, registration and proof of insurance upon request. In certain cases, the police can search your car without a warrant if they have probable cause. To protect yourself later, you should make it clear that you did not consent to the search. It is unlawful to arrest you simply for refusing to consent to a search.
If you're suspected of drunken driving and refuse to take a breath, urine or blood test, your driver's license may be suspended. However, you can refuse a breath test in favor of a urine or blood test. These tests have to be given at a medical facility, and occasionally the wait times are enough for the alcohol to leave your system.
If you're stopped for questioning, whether it be in a house, car or on the street, it is not a crime to refuse to answer questions. Police may pat down your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear you do not consent to any further search. Make sure to ask if you are under arrest. If you are, you have a right to know why.
According to expertlaw.com, the courts have made clear police officers do not have to tell people they can refuse to consent to a warrantless search. Also, despite the widespread myth to the contrary, an officer does not need to get your consent in writing. Oral consent is completely valid.
Many people believe an officer must automatically read a person his or her Miranda rights as part of performing an arrest, either immediately before or immediately after an arrest is made. This is also myth. The only time an officer must read a person his or her Miranda rights is when the person has been taken into custody or the officer is about to question the person about a crime.
If you're arrested or taken to a police station, you have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don't give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.
If you can't pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Within a reasonable time after your arrest, you have the right to make a local phone call to any person you choose. If you decide to call a lawyer, the police may not listen to the conversation.
Again, most of this information was taken from the aclu.org Web site with the organization's consent.
I'm not advocating everyone to go out and start breaking the law then hope to get out of it just because they read this column. But I am advocating that people use this knowledge if they happen to have an encounter with the police.
As Benjamin Franklin said, "A nation of well-informed men who have been taught to know and prize the rights which God has given them cannot be enslaved."
Write to Frank at frhood@bsu.edu.
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