Wednesday, January 23, 1980
daily nebraskan
pageb
Attorney advises citizens to know their rights
Our criminal justice system is designed to control the
manner in which police investigate a crime and the way in
wihvii .iiiwjr. gamer eviuence against a suspect. Police
' agencies must conduct their criminal investigations in a
manner consistent with governmental intrusions. This
means that a police search of someone's residence must be
reasonable as defined by the law, which in turn means
that a search warrant will usually be required.
Law enforcement also must be carried out fn a way
that assures innocent persons arc not convicted -even if
this means allowing some guilty to go free.
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Thus, the law provides that people have the right to be
free from unreasonable searches and seizures, the right to
be free from being forced into self-incrimination and the
right to counsel. To insure that these principles arc adher
ed to, evidence police obtain as a result of violating these
principles cannot be used against an accused in a trial.
Following is a general summary of information as to
your rights and responsibilities in an investigative sit
uation, along with some specific advice on how to exercise
those rights:
If the police call on you at your residence:
(1) Step out of the room or house to talk and close
the door behind you.
(2) Ask if you are under arrest. If the answer is no, you
can ask if you can proceed with your private business.
(3) If you are under arrest or arc taken to the police
station, you can tell the police that you have nothing to
say until you talk with an attorney. You have the right to
remain silent and you should remain silent in the vast
majority of circumstances.
t (4) If the police ask you to enter the room or house
you can ask them to produce a search warrant, r
(5) If you voluntarily consent to a search, the police
arc not required to have a search warrant. Although you
have the right to withhold your consent, the police do not
have to inform you that you have this right. : .. ,
(6) The police have no power or authority to promise, .
you that it will be easier on you if you cooperate byV
allowing them to search. You do not have to sign anything .
allowing them to search. , ; r;
(7) If you feel that you may be the subject of an illegal .
j police search, summon a friend or bystander to the scene.'
' (8) The police do not need a search warrant Jo sice ;
j evidence that 'is in plain view; tgf policc are in dormitory"
hallway and sec marijuana in the room through an open
,door. . ; . i
(9) Under certain circumstances the police can search
without a warrant or without your consent, therefore if
the police persist in entering you must not physically re
sist. Voice your objection so that it is clear that you have ,
not consented to the search. . .
If the police stop you: "
(1) Do not try to get away and do not resist arrest. Re
sisting arrest is often a more serious offense than what
you were originally stopped for and assaulting a police
officer is a serious offense.
(2) Do not lie to the police. It is better to remain
silent, The police arc proficient at interrogation and will
know when you arc lying.
(3) Again, ask the police if you arc under arrest. If you
are not under arrest you can ask to leave. If you are arrest-
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ed tlic police have the right to search your person. You
should state your true name and age and ask what you are
charged with. You can tell the police that you do not
want to answer any questions until you talk with an
attorney. : 5 '
(4) Under certain circumstances the police have the
right to stop and frisk a suspect even though an arrest has
not been made, therefore you should not physically resist
the police. .
(5) The requirement, that' the police obtain a search
warrant is relaxed where a vehicle with occupants is the
object of the search. In most situations the police will not
need a search warrant to search the passenger area of a
vehicle that is occupied. However, the police will still need
legally sufficient cause to conduct such a search. Eg:
officer stops driver who is speeding and smells the odor of
burnt marijuana, coming from the car or drug paraphern
alia is in plain view. ,
(6) If you arc arrested you have the right to remain
silent. You do not have to answer questions and you do
not have to sign any statements. You have the right to
have an attorney present during questioning, flic police
have no power or. authority to promise that you will not
be charged with an offense or that it will be easier on you
if you confess.
: If you choose to follow any of these suggestions you
should do so in a polite and respectful manner. Exercising
your constitutional rights and responsibilities does not
mean you need to be rude or disrespectful to the police.
As noted previously, evidence that the police obtain
illegally cannot be used against an accused. The deter
mination of whether evidence has been obtained illegally
is often complicated and highly contested. Thus, it is legal
determination that you should see an attorney about.
The above information should not be considered a sub
stitute for legal advice. The solution for any one problem
necessarily depends upon the exact facts and circum
stances. Students arc encouraged to seek legal advice at
the Student Legal Office at 237 Nebraska Union, 472
3350. . Robert Langc
- . Attorney,
Student Legal Services Center
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