You find yourself out on the Hill late one night and a cop stops you to ask you if you have been drinking. What are your rights and how can you protect yourself?
The Know Your Rights lecture was hosted at CU by the American Civil Liberties Union on Tuesday evening.
Hans Meyer, a volunteer attorney, said ACLU’s goal was to teach basic legal concepts that students can use to protect themselves when faced with situations involving law enforcement.
Meyer said students need to incorporate basic legal concepts into their particular situations.
“Legal concepts need to be applied to street smarts and your personal knowledge and what you know to be true,” Meyer said. “You have to mix those two together to see what will work for you in the context of your situation.”
Kevin Lazar, a volunteer attorney, and Erik Maulbetsch, communications associate of the ACLU of Colorado, also spoke at the Know Your Rights lecture.
Through various skits, question and answer sections, and explanation, they were able to convey five basic rules for dealing with law enforcement. These are rules meant to protect your constitutional rights.
All of the speakers stressed that these rules aren’t intended to get you out of trouble in the moment. Instead, they are meant to protect you from being slapped with charges later on.
Lazar said that in most situations there is not much you can do to stop a cop from arresting you.
“If a cop really wants to arrest you and throw you in jail that night, he will,” Lazar said.
Meyer said that rule number one is to recognize that cops lie, and legally they are allowed to do so.
Meyer continued with rule number two: Ask if you are free to leave.
One of the skits involved a student walking home late at night after hanging out with friends. When stopped by the cops they began interrogating him and he soon confessed that he had been drinking.
The point of the skit, Meyer said, was to illustrate that the first thing you should ask the officers is if you are free to leave. If they have no reason to stop you except that they are fishing for information, then you are allowed to leave without answering questions.
Lazar said that sometimes maintaining your composure with a flashlight in your face and a pushy cop asking you questions can be difficult.
“Hold your ground, even though it’s tough,” Lazar said.
He said the cops might continue to pressure you, but that the most important thing is to stick to the principles.
Rule number three is to remain silent, Meyer said. If you are not free to leave, and the cops wish to continue asking questions, then you have a constitutional right to maintain silence and protect yourself from self-incrimination.
Meyer said he has lost more cases because a client has spoken when they should have kept silent than for any other reason.
Rule number four is to never consent to a search. If cops knock on the door, you don’t have to answer. Maulbetsch compared it to a phone; even though it’s ringing you don’t have to pick up. However, if you do answer, step outside and close the door. If they want to search your house, ask for a warrant.
Searches are legal if there is either consent on your part, or they have a warrant. You should never give your consent, even if they decide to search your house or person and violate your rights. Meyer emphasized that you should always be clear about the fact that you do not consent.
Lastly, Lazar said, if you are put under arrest you should always ask to speak to a lawyer before you say a single word.
During most of the two-hour lecture, the speakers engaged the audience, making many students laugh profusely.
Jason Chrestionson, an 18-year-old freshman philosophy major, said his reasons for coming stemmed from the fact that so many kids graduate from CU with Minor in Possession charges.
“For the most part yes, I would feel much more confident if I were to get stopped on the hill after a party,” Chrestionson said after the lecture.
Spencer Curran, an 18-year-old freshmen engineering major, said he felt the speakers were knowledgeable and funny.
“I wanted to learn about my rights,” Curran said. “I always second guess what the cops are doing, and when I ask them if it is legal or if I ask if I have to do something they ask, they never give a real answer.”
He said he felt that the lecture definitely answered these questions.
Magda Garbowski, a 20-year-old senior environmental studies and biology major and president of the ACLU CU undergraduate chapter said she felt that the night’s event was a success.
“But, as always, I wish more students had attended,” Garbowski said. “All of the information and issues discussed really pertain to CU students and the Boulder population.”
Contact CU Independent Staff Writer Maria DiManna at Maria.dimanna@colorado.edu.
