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Drug raids- from tranquility to confusion
by Tim Anderson
, Music echoed through the small, dimly-lighted
apartment from a blasting stereo system. Three
students tranquilly lounged on the dwelling's
floor.
Suddenly someone knocked on the front door.
Confusion. One person snatched a lid of marijuana
from the table. Another slid a pipe under the
couch. The other student slowly walked toward
the apartment's door to discover who wanted to
enter.
; Hardly anyone wants their house or apartment
searched by police or wants to get arrested.
Students are no exception.
However, individuals get arrested every day and
sometimes they are students students who may
be facing a very new and frightening experience.
Although police are required to inform the
arrested person of his constitutional rights, a
novice who is arrested may find himself confused
about what to say or not to say, and what to do or
not to do.
Lincoln attorney Patrick W. Healey
recommended that if a person opens his door and
finds police standing there, he should never
physically try to prevent their entrance.
Healey suggested that if the person for some
reason or another, does not want the police to
entet his home, he should make it clear to the
officers that he is not giving his consent to enter.
If the person believes that there has been a case of
unlawful entry, he may bring the matter to court
where a decision will be made, he said.
Police have three means of obtaining entrance
to a person's residence by permission of the
occupant, by an official search warrant signed by a
judge, or by the individual officer's belief that
crime is being committed according to Lincoln
Police Insepctor Robert Sawdon.
"Usually the police will enter only when they
have a search warrant," Sawdon said. "It is not
very often that we have to gain entrance simply
because we have probable grounds that a crime is
in progress."
He said if police enter a residence to search for
a specific item, such as narcotics, they cannot
confiscate any items but narcotics. The search
warrant indicates what the police expect to find,
the inspector said.
The police can confiscate, however, any items
mentioned in the warrant and, providing the items
.,are iU.egal. in. nature, they will probably be
forfeited and then destroyed, according to Healey
According to the UNL Campus Handbook, "it
shall be the rigidly enforced policy" of UNL that
no University official, agent or employe shall be
permitted to enter the premises occupied by
students.
The handbook also states that it is not
permitted to use the fruit of such a search as
evidence in any proceedings against the student,
unless the student is present and gives his consent
to the search.
Where there is suspicion that a crime is being
w-
ft
- ' the UNL Campus Security Koiice shall
t ouried and required to follow all legal
processes, including the acquisition of a search
warrant, according to the handbook.
An arrested person also has certain protected
rights. The Nebraska Civil Liberties Union (NCLU)
suggests in a handout that if an individual is taken
to police headquarters, he should first ask if he is
charged with a crime.
If he is, he should ask what the crime is.
According to the NCLU:
A person does not have to answer any
questions or sign any paper.
-He has the right to talk to a lawyer before
answering any questions:
Immediately after being arrested, he has the
right to make a telephone call to obtain a lawyer.
.1 If the person wants a lawyer present during
questioning, the police must stop questioning him
until one arrives.
The NCLU also suggests that a person never
resist arrest. Even if the person is innocent,
resisting arrest in any way is a crime.
"It is better to spend time at the police
department than to be charged with resisting arrest
and it is even more serious to be charged with
assaulting a policeman," the pamplet states.
When arrested, money andor personal
possessions being carried will be taken from the
person according to Sawdon. All belongings are
tagged 'and a record is made. When he is released
from jail, the person's possessions will be returned
to him, he said.
In Lincoln, the person is then taken to the next
county court session where he is arraigned on his
specific charge, for instance, "possession of
marijuana." The judge then asks the person if he
has a lawyer or if he would like one. If he can't
afford a lawyer, the court provides the person with
a public defender at no charge.
The person can also contact NCLU or the Legal
Aid Society of Lincoln, Inc., a lawyer referral
service.
When the charge is a misdemeanor offense, a
plea is entered in couty court and, if the person
requests it, a trial date is set. The judge also will
set bond, which is a monetary guarantee that the
person will show up for the trial, according to
Deputy County Atty. Doug McLain.
If the charge is a felony, the person can either
request or waive a preliminary hearing in county
court, McLain said.
The advantages of waiving or requesting the
hearing is a question that should be discussed with
the lawyer, because of its possible effect on the
case.
If the person requests a hearing, the judge will
set a hearing date and set a bond for the person.
If he waives his right to a hearing, the person
will be bound over to district court where felony
cases are heard, and a bond will be set. The person
makes no plea concerning his guilt or innocence
during county arraignments on a felony charge.
In district court, the person again is arraigned
and at this time enters his plea.- A trail date is set
and the bond is either reset or continued, McLain.
If the person is unhappy with the trial's
outcome, he can appeal the case. If he is found
guilty of his specific crime, the person then faces
either a fine or probation,, or oth,or a jail t
" t a t js M nine an v vMir-t oncc
9blllCIIUCf SIU4 Oil V VVWI VrVS I
Senator revives student fee bill
Nebraska state senators again will be
asked to stop collection of mandatory
student fees at state-supported colleges and
universities, according to provisions of a
legislative bill introduced Wednesday.
Millard State Sen. James Dickinson's LB
No. 362, requires that funds for "student
activities, athletics, a student union, social
activities or other student purposes" could
be collected only on a voluntary basis. But
fees used to retire revenue bonds and money
for "direct and primary purposes" of the
school still could be demanded.
A similar bill was introduced last year by '
Kearney State Sen. Gerald Stromer. The bill
died when the Legislature adjourned without
acting on it.
Dickenson's bill would halt mandatory
fee collection for student government,
speakers and newspapers. Dickinson said he
was not protesting any particular use of the
money, but said his concern was that most
students don't understand where mandatory
fees are spent.
"Many students are not too interested in
some of these programs," he said.
Under provisions of the bill, a school
could collect voluntary fees for student
activities if a list of these fees is "set forth in
detail in any literature and catalogue"
printed before the school year starts. The
fees would have to be dispensed by the
school rather than any delegated person or
organization.
doily nobfcislccin
Edltor-ln-Chlef : Tom Lantworth, Managing Editors Cheryl Westcott.
News Editor: Michael (O.J.) Nelson,
Special Editor: Jim Gray. Sport$ Editor: Dave Slttler. Photography
Chief: Gall Folda. Night Newt Editor: Ron Cllngenpeel.
Staff writers: Tim Anderson, Steve Arvanette, H.J. Cummin, A.J.
McClanahan, Dennis Onnen, Jane Owen, Sara Schwieder, Nancy Stohi
Ruth Ulrlch, Mary Voboril, Adella K. Wacker. Entertainment writer:
Bart Becker, Carolyn Hull, Larry Kubert. Photographer: Dan Ladely.
Sport writer: Kim Ball, Andy Riggs. New Altant: Mary Holdt,
Copy Editor: Randy Beam, Chrl Harper, Bob Shanahan, Nancy Wilt.
Dispatch: Larry Grill. Staff Arltt: Greg Scott. Colunlt: John
Vlhstadt, Bob Rutiell, Shelly Kalkowikl.
Bulneu Coordinator: Jerri Hauler. Advertising Maneger: Bill
Carver. Receptionist: Kathy Cook. Advertising representatives: Jeff
Aden, Terrl Adrian, Robert Flood, Kris Collin, Vlckl Bagrowskl, Larry
Swanson, Mitch Mohanna, Craig McWilliams. Advertising artist: SSaah
Start. Subcrlptlon: John McNeil. Circulation Staff: Jim Sheridan
Charlie Johnson, Jim Hailberg. Herbert Barry. '
The Daily Nebraskan I written, edited and" managed by student at
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University faculty, admlnl.tratlon and student body.
mJa W''! J Dubll,hd V Publication Committee on
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Copyright 1973, The Daily Nebraskan. Material may be reprinted
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semJk.. -A.,f Vf M y 4.4,
page 2
