Know Your Rights: Keep the Police From Crashing Your Party

Everyone, even college students, has the right to respectful and courteous treatment from the police. But in order to properly protect your rights, you must know them. Furthermore, you must know how best to deal with police in a manner that demonstrates to them that you are being respectful and courteous. So we’d like to provide fellow students with a quick reference guide of our rights and obligations.

Without a search warrant signed by a judge, the police do not have the right to enter your home unless there is an emergency situation. If police knock and ask to enter your home, you do not have to admit them. So, when answering the door, you can exit your house and close the door before greeting the officer. No matter what the officer says, there is no reason he needs to be allowed into your home, unless there is an emergency. And they absolutely cannot enter your home without your expressed permission.

While officers may try to bully you into giving them consent to search your home, just remember that if they are asking, it’s probably because they don’t have enough evidence to search without permission, so stand your ground. By consenting to a search request, you are giving up one of the most important rights granted to Americans in the Constitution that grants us protection against unreasonable searches and seizures — the Fourth Amendment. We should never hesitate to assert our constitutional rights, even if we are predisposed to comply with higher authorities. If police enter your home without your permission it is often the best course of action to state, “I do not consent to any searches.”

At times, law enforcement officers may try other techniques, such as a Breathalyzer or other field sobriety tests, but unless you are driving, you need not take these examinations.

While you may be unhappy that the police are at your door or are attempting to break up your party, be courteous and non-confrontational. As Flex Your Rights, a Web site encouraging visitors to protect their constitutional rights, notes, “You have nothing to gain — and everything to lose — by allowing hostilities to emerge.” Set the tone by asking the officer, “How can I help you?” This will demonstrate that you that you are calm and will be cooperative without letting them push you around.

Engage the officers in a calm dialogue. Oftentimes, it is possible to end your encounter with the police by simply agreeing to turn down your music or dispersing the people standing outside. While you should be cooperative, you should be aware of the fact that you are under no obligation to answer police questions. Just remember to be respectful; policemen may become hostile if they feel disrespected.

And if you feel your rights have been violated, don’t try to deal with the situation at the scene. Afterwards, you can consult an attorney or file a complaint with the internal affairs division of the police department or with the Civilian Complaint Review Board. We applaud the university for providing students with this information during the off-campus orientation, but if you’re looking for more information, you can check out www.flexyourrights.org.