Student disturbances call attention to legal rights
By Lisa Wakeland, Staff Writer
September 11, 2006 | 12:23 p.m.
The thing I emphasize to students is, whatever you do, do not resist," Patrick McGee, managing attorney for the Center for Student Legal Services'
The disturbances on the weekend of Sept. 9 on Mill and Palmer streets left many residents wondering about the limits of the police when dealing with private property and large gatherings.
Neither Friday nor Saturday was classified as a riot, said Captain Tom Pyle of the Athens Police Department.
"From a literal sense, you could easily say it was a riot," he said. "From a practical sense, we've dealt with riots before and know what a riot is and what it isn't. We called it out as a disturbance."
The Official Notification for Students says that students convicted of riot-related offenses, including misconduct in an emergency and failure to disperse, will be ineligible to receive any state-provided financial assistance for two calendar years.
"Police officers know that students are here to get an education," said Pyle. Even though police officers might be able to charge someone with rioting, they might help students out and charge someone with disorderly, he said.
Alcohol is often involved in many confrontations between police and students and can become troublesome if students are not careful.
"The underage consumption law in the state of Ohio, includes private places as well as public places," said Pyle.
However, an officer still needs enough probable cause to enter private property without a warrant.
Pyle gave an example of what would be enough probable cause to enter a residence. "When a police officer drives by a house that has a party and there are 60 people, and he stops to take a look at the crowd, and 60 people drop their beer cups and run in the backyard or through the house," he said. "I don't know how much more probable cause an officer could have that there are at least 60 people there that are not old enough to drink."
Patrick McGee, managing attorney for the Center for Student Legal Services, commented on Pyle's example. "It's probable cause but it doesn't give him a warrant and it doesn't give him consent."
McGee explained that there are exigent circumstances to certain cases that would allow police to come on property without a warrant, including if the officer can get the people to stay there while he gets a warrant to interrogate them.\n\nAnother circumstance for police to enter property without a warrant would be if they were hosting a nuisance party.
"The main right that protects them (residents) is the Fourth Amendment. The whole purpose of that is to prevent the police, whether they're undercover or plain-clothes officers, to come on private property without warrant or without consent," said McGee. "The one exception to that would appear to be for a violation of the noise ordinance."
One way to keep police off private property is to have a sign that restricts access to the house and yard. Pyle said that he's seen the "No Warrant, No Consent, No Entry" signs almost every year he's been an officer and thinks it's almost irresponsible to have those signs on a door.
"If myself and one of the shift lieutenants show up to answer a call on a Friday night, there's about 30 years of law enforcement experience knocking on the door. Here is this student, who's just out of high school with no official training and certainly not 30 years of experience in law enforcement, telling us we don't have a legal right to be doing what we're doing," he said. "This (the sign) is the only thing they've looked at."
"The thing I emphasize to students is, whatever you do, do not resist," said McGee. "Do not tell them they don't have the right to be there because they're violating your Fourth Amendment rights. You just have to take it. Then come see us afterwards, and get some witnesses as to what happened."
Pyle explained the importance of not resisting arrest. "If you aren't under arrest and run away, it's a misdemeanor," he said. "If you are under arrest and run away, it's a felony for escape."
However, an officer still needs enough probable cause to enter private property without a warrant. This summer the courts ruled in favor of the defendant in an underage consumption case and the evidence was suppressed.
"We have a magnificent case that came down this summer, State v. Bray," said McGee. "Our local judge ruled concerning Palmerfest, where the residents had a sign on their door that said 'No Trespassing, Invited Guests Only' and undercover agents came on and started harassing people who were on the property and charging them with underage consumption, but it was a violation of the Fourth Amendment. The undercover agent maintained that it was kind of a public party because the residents were not checking IDs."
Pyle said that if students continue to have parties where they are not checking IDs and police officers can prove there is underage drinking taking place, the residents of the house could be reprimanded with charges ranging from nuisance party to furnishing alcohol to a minor, which carries a maximum penalty of six months in jail and a $1000 fine.
When stopped by an officer, McGee said you have to identify yourself, including where you live, but do not have to provide identification with your age or social security number. He suggests the Ohio University student ID card, but the officer may still ask for another form of ID.
"The proper response is 'Officer, I don't feel like answering any questions, or producing other documents for you. Am I under arrest or am I free to go?" he said. McGee said the officer may still want to make an arrest, but having an ID without proof of age may help avoid more trouble down the line.
McGee said that circumstances vary from case to case, but for $8 a quarter, students have full access to legal services provided by the center.
---For more information regarding legal services, visit The Center for Student Legal Services Web site