friday, October 16, 1931
lincoln, nebraska vol. 107 no. 38
Copyright Daily Nebraskan 1981
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Director doubts UNL police's searching policy
By Roger Aden
UNL police are enforcing a new policy concerning the
searching of residence hall rooms for illegal drugs, but the
executive director of the Nebraska Civil liberties Union
says he has serious doubts about the validity of that
policy.
The policy states that police officers who have
probable cause to believe that drugs are in a room may
enter the room even if the residents refuse.
They may 'freeze" the situation, said a UNL police in
vestigator. "Freezing" means not allow anyone to enter or
leave the room or change evidence, he said. Police may do
this if they believe that possible evidence is being destroy
ed or me perpetrator ot tne act is tleeing, he said.
The, investigator, who wished to remain unidentified
for security purpose, said while the situation is frozen,
another officer will get a search warrant and return with it
to search the room.
The investigator said that in the past police asked the
room residents if they would consent to a search. If they
refused, he said the officers) would leave and get a search
warrant without freezing the room.
"The way I understand it (the policy), it could go
either way," he said. "Some people could argue that the
student's right to privacy is being upheld more by the
courts since officers have to have a search warrant to
search.
"But also, I can see the courts infrinrins UDon students
rights by allowing officers to enter the room without a
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Photo by Kent Morgan Olseit
Debbie Rudolph, a senior broadcastinghome economics major, pulls the weight as her son, Kent, 22 months, adds
to his collection of autumn colors.
Senator Wesely moonlights for insight
By D. L. Horton
Don't be surprised if the man pumping your gas this
month turns out to be your state senator.
Sen. Don Wesely of Lincoln has been spending part of
Ids time working various part-time jobs in his district. He
worked in a bank last month, is working as a station at
tendant in October and as a clerk in a grocery store next
month.
Wesely said he got the idea last summer. He said the
idea was not a campaign ploy and the media have misin
terpreted his intentions. He said his jobs are a learning ex
perience to get a better understanding of different busi
nesses and the people who work there.
Wesely said legislators too easily can fall into the rut
of only talking to people who take an active interest in
state government, such as lobbyists. He said his working is
an attempt to avoid this rut.
Wesely said he has been getting positive responses from
people he meets at his jobs, adding that people remember
y friday
Cottage Industries: A local church offers handmade items
from the Third World for sale at a bazaar Page 7
Manhattan Transfer: The Husker football team travels to
Manhattan, Kan. Saturday to face the Kansas State
Wfldcats Page 8
Burrito Supreme: T. Marni Vos finds that a man in a
white Corvette could be the Big Cheese on the taco of
life Page 10
that he's working at different jobs but not his position on
bills. Wesely said meeting constituents in a setting they're
comfortable with might encourage them to take more in
terest in government.
"You have to keep doing jobs like this just to remem
ber how hard it is," Wesely said of his part-time jobs and
his teaching at Southeast Community College.
Wesely added that because senators are only paid
$4,800 a year they have to find other jobs to support
themselves. He said it is difficult to find jobs that fit into
a senator's schedule. He said he also has tried to find jobs
that resemble ones his constituents hold.
Wesely called his "double identity one of the best
things he has done in the Nebraska Legislature. His experi
ence will affect his views on legislation in the next session,
Wesely said.
He said he has learned that people are concerned about
issues that he had not been aware of in some cases. For ex
ample, people who stopped at the gas station were con
cerned about drivers of diesel cars evading fuel taxes by
using home fuel oil in their cars.
Wesely said he has been handing out questionnaires to
people he meets in his jobs and has been getting valuable
opinions from them. He added that even if people dont
return the questionnaire, they at least have an idea of
what bills are being considered in the Legislature.
Wesely said he will continue to work in his part-time
jobs during interim sessions but will work full time in
the Legislature once its in session next year.
search warrant. But until we have a case, it's hard to tell
which view will influence legal opinions.
Policy is same
Clifton Koch, assistant chief of the Lincoln Police
Department, said the UNL Police's policy is basically the
same as any other policy used throughout the United
States.
"If they (the officers) feel that possible evidence is
being destroyed, they can enter the room, he said.
Gary Lacey, deputy county attorney, said officers may
be correct in "freezing the room if they have a clear
picture in their minds that possible evidence is being
destroyed.
"For example, if they (the officers) have information
that marijuana is being smoked in a room and they arrive
and smell the smoke or find a damp towl under the door,
then knock on the door and hear a toilet flush, I feel they
could properly seize the room," he said.
Dick Kurtenbach, executive director of the Nebraska
Civil Liberties Union said consultation with an NCLU co
operating attorney, Pat Williams, about the policy raised
doubts in his mind about the validity of the procedure.
"There's such a thing as a no-knock warrant avail
able," Kurtenbach said. "It requires more cause than a
regular search warrant, but if the officers have reason to
suspect drugs are in the room they should get such a
warrant."
However, Kurtenbach said the NCLU would reserve a
definitive statement on the matter unless a specific
complaint is received from a student.
RHA heard policy
When the new policy was explained at last week's
meeting of the Residence Hall Association, several
questions concerning room searches were brought up by
RHA representatives. The investigator answered those
questions.
People in the room at the time of the arrest can be de-
tained vy the pofice; the investigator said, but he stressed
that a person won't be held needlessly.
"You have to be purdent about this type of thing," he
said. "If there are 12 people in a room, you have to kick
the others out and talk to the residents of the room, kick
the others out and find out what's going on.
"Besides," he continued, "If they're a student here
they'll have an ID card. We'll know where to find them if
we have to."
The investigator said in some cases there's the possi
bility that both sides of a room will be searched, but he
said it all depends on how the search warrant is written.
"We'll probably only write a search warrant for one
side of the room," he said, "but the rooms are small and
provide freedom of movement so we might search both
sides. But when we take the warrant to the judge to be
signed, maybe he won't see it that way."
According to the investigator, there is always the
possibility that the policy will be changed.
"Search and seizure laws are like dust in the wind
nowadays," he said. "It (the policy) could realistically
change three months from now. It wouldn't surprise me at
all."
Increased awareness
said key to hypnosis
By Jeff Goodwin
Everyone has the ability to use hypnosis, a Lincoln
dentist who uses hypnosis to control his patients pain
told listeners in the Nebraska Union main lounge Thurs
day afternoon.
Dr. Earl Lampshire said the key to hypnosis is a state
of increased awareness.
"This is something you all have," Lampshire said. "The
thing people have to do is get their mind on just one
thing."
Lampshire defined hypnosis as that which occurs
whenever someone says or does anything that cuases a
person or people to act or think differently than they
otherwise would.
"When you change someone's thinking, you're using
hypnosis," Lampshire said.
But most people are not trained to use all of their
mental abilities, he said.
"By using these abilities you can change your life and
the lives of others, he said.
Lampshire said people have many misconceptions
about the nature of hypnosis.
44Stage hypnotists want you to think that they have a
special power , he said. "Hypnosis isn't a power, it's a
skill. And everyone has that skill.
Continued on Page 2
