Whether or not students break the law, it is possible that they have been involved in a police encounter once or twice. Of all the things Northeastern students may be educated on, how to take advantage of their constitutional rights during a brush with the police may not be one of them. During most police encounters, the officers hold an overwhelming amount of power and advantage.
The sense of fear that law enforcement leads to, either from the status or intimidation tactics, can be used to coerce individuals into incriminating themselves. This is not only because police officers represent the authority of the state and national governments, but also because most people are wholly unprepared to handle the pressure and confusion of such situations.
By knowing and exercising your rights, you become a better citizen and show law enforcement authorities that you are aware of how the laws pertain to the situation. Having this basic preparedness helps balance the power during police encounters so you do not end up waiving your rights. Not only is this important for individuals, but with enough education, whole communities can be equally unwilling to forfeit their rights, making police more cautious about violating them.
Interested in learning more about how to exercise your rights? The Students for Sensible Drug Policy is screening a short film tonight at 6:15 called ‘Busted: A Citizen’s Guide to Surviving Police Encounters,’ in 750 Behrakis Health Sciences Center. Created by the civil rights organization Flex Your Rights and narrated by retired American Civil Liberties Union Executive Director Ira Glasser, ‘Busted’ realistically depicts a few common police encounters. In an entertaining and revealing manner, ‘Busted’ illustrates the right and wrong ways to handle different police encounters and pays special attention to demonstrating how the viewer can courteously and confidently refuse police searches.
The basic powers that apply when facing the police are outlined in the Bill of Rights, which comprises the first 10 amendments to the US Constitution. Specifically, The Fifth Amendment states that no citizen should be called upon to testify against oneself, meaning we are essentially free from self-incrimination. The Fourth Amendment protects private property and requires an individual’s consent for the search of his or her property by the authorities. Of course there are instances in which officers have the power to search regardless of consent but it’s important to find out when they do not. Sometimes during a confrontation with the police, you may be encouraged to incriminate yourself and give consent to search private property. Often these actions are expected on your part, instead of being offered as an option. In reality, refusal to a search does not give the officer permission to search your property. Providing consent, however, does give the officer a legal right to search your property.
These and other issues are covered in the film, which uses various scenarios to demonstrate how people behave under police pressure, showing differences between having full awareness of their rights and having none. Just as students are held to Northeastern’s Code of Student Conduct, police officers should be held accountable for their actions based on what is in the law books.
– Julie Buchik is a member of Students for Sensible Drug Policy. ‘
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