The New Paltz Oracle Volume 76 Issue 11 Thursday, December 9, 2004 NORML Teaches Right from Wrong
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The New Paltz Oracle Volume 76 Issue 11 Thursday, December 9, 2004
NORML Teaches Right from Wrong
By Alexis Francisco, Contributing Writer
Students were advised on how to effectively assert their rights during police encounters in the Know Your Rights program held on Wednesday Dec. 1, in Lecture Center 100.
The event, which was sponsored by the SUNY New Paltz National Organization to Reform Marijuana Laws, Students for Sensible Drug Policy, Black Student Union, National Association for the Advancement of Colored People and The Fahari, was designed to educate students on what their constitutional rights are and how to prevent police from overstepping the boundaries of the law.
At the core, the reason behind the Know Your Rights program is that when you criminalize what is essentially private behavior, you have to infringe on peoples rights in order to enforce them, said NORML board member and chair of the SA senate Justin Holmes. Our response is to defend the constitution and teach our fellow students how to do that as well.
The program consisted of a video entitled Busted: The Citizens Guide to Surviving Police Encounters, and later, a question and answer session with a panel of experts.
The video, narrated by Ira Glasser, former executive director of the American Civil Liberties Union, consists of various scenarios in which the confusion and panic brought on by a police encounter hinders an individuals ability to properly assert their rights and stressed the importance of the fourth, fifth and sixth amendments of the Bill of Rights in securing Americans civil liberties.
Students viewed recreations of a traffic stop, a street stop and a police home visit and were given general tips on how to handle these types of situations. The video stressed that to avoid arrest by a police officer, never keep any contraband in plain view, always exercise your right to refuse a search and always exercise your right to remain silent. The video is available at flexyourrights.org.
After viewing the video, students were encouraged to direct any questions they had toward a panel that consisted of Peter Christ, a speaker for Law Enforcement Against Prohibition; Leroy Seals, New York State Trooper; Russell Schindler, former Student Association Attorney and leading civil rights attorney for the Hudson Valley and Rob Robinson, long-time advisor to the SUNY New Paltz chapter of NORML and drug policy reform activist. Corinna Caracci, director of Resident Life, was also scheduled to take part in the panel, but due to miscommunication was unable to attend.
Among other things, students asked questions on drug policy, the legality of searches and seizures and the rights one has while living in the residence halls.
Having learned that an officer can only perform a search and seizure without a warrant if there is probable cause, one student asked what the actual legal meaning of probable cause is.
Some tangible evidence must be present which leads the officer to believe that there is criminal activity going on, said Schindler. An officers hunch is not enough to merit a search and anything found during a search without any probable cause would be suppressed in court.
Another student asked if she would get in trouble with the police if one of her roommates was to leave something illegal in plain view.
According to Officer Seals, unless one of the residents claimed responsibility for the illegal substance, everyone living in the residence would be held responsible.
Many students wondered if living in the residence halls waives their rights to refuse police searches.
According to Schindler, the university police do have the right to enter and search a dorm room without probable cause because of the nature of the contract a student makes with the school. However, Schindler stresses that in the student handbook the university pledges to uphold the students right to privacy and that students have the right to insist the school uphold their promise.
Its important for people to learn about their rights, said freshman Jennifer Bryant, 18. What good is having the rights if you dont make use of them?
By knowing and exercising your rights you can become a better citizen, said Glasser in the video.
