College Law: Dealing with the Police

By Michael H. on April 30, 2012

photo found on flickr.com, uploaded at http://www.flickr.com/photos/45976898@N02/4574576747/

Many students are unaware of their legal rights when it comes to interaction with the police. This ignorance of civil rights allows campus police to pressure students into getting charged with crimes that they shouldn’t be charged with.

First, remember that you can always videotape the police. It is completely legal to videotape them. You have the right to hold them accountable for their actions. They might tell you to turn it off, though they shouldn’t. The police should welcome those who keep them accountable. It keeps everyone honest.

Second, you do not have to allow the police into your home. There are some provisions that management companies can make to a lease agreement that require you to let the police in, so make sure you’re aware of the conditions of your lease. If you live in the dorms, then you do not have these same kinds of protections. If you are asked to talk to the police, then step outside and speak with them – closing the door and either locking it yourself or having someone else lock it behind you. You have the right to ask them to return with a warrant.

This also applies to your car. They can only search your car if there is reasonable suspicion. If they cannot prove reasonable suspicion, any charges brought against you after an illegal search can be dropped. Just remember, if a cop stops you and asks you to get out of your car, close and lock your doors when you step out. Leaving your door open also gives them the ability to search it.

Third, remember to keep your mouth shut. You are not required to admit anything that would incriminate yourself. When approached by the police, think before you speak. Thinking before responding can save you from an even harsher penalty.

Last, you can always ask if you’re under arrest. If you’re not under arrest, ask if you can leave. Feel free to repeat this question instead of invoking the 5th amendment if that’s easier for you.

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