ACLU official talks on students' legal rights

The talk looked at the rights of students who police find with alcohol. When it comes to being stopped by police officers, American Civil Liberties Union representative Stefan Presser has one major suggestion -- never "dis" them. Presser, legal director of the Pennsylvania branch of the ACLU, spoke to over 100 students yesterday about their rights as citizens when confronted by law enforcement officials. Presser said that above all, students should remember common courtesy when dealing with police officers -- "don't get smart with them, don't furnish anything more than's been asked? [and] don't argue," he said. The presentation focused on the theme of what civil rights students will have during Spring Fling -- a topic that has worried many students since the University implemented a stricter version of its alcohol policy almost three weeks ago. The policy singles out Spring Fling, saying that University Police officers will be actively combatting underage drinking during the annual party-filled weekend. Yesterday's event, which lasted an hour, was sponsored by the Philomathean Society. While Presser said he could not tell students how they could ensure their "entitlement to imbibe [alcohol] and be free from police search," he did explain their rights as citizens and the extent of power law enforcement agencies have over them. Presser began his presentation with a brief overview of citizens' rights over time -- from before the American Revolution up through recent Supreme Court cases -- outlining the major changes over the past two centuries. He spoke in detail about the Fourth Amendment to the Constitution -- which protects citizens from unreasonable searches and seizures by the government -- because of its relevance to students' Fling concerns. He did emphasize, however, that the Constitution does not govern the University's rules and regulations since it is a private entity. "This University owes you no Fourth Amendment rights," Presser said. "Unless you organize to change the rules? you must comply. That's the long and short of it." Presser stressed that "24 hours a day, 365 days a year, until you graduate, you are members of this academic community [so the University] can penalize you whether [an incident] happens on or off campus." But other law enforcement agencies, like the Philadelphia Police and the state police's Liquor Control Enforcement agency -- both of which have been invited to campus during previous Spring Flings -- still have the ability to enforce state laws on campus, Presser said. Addressing questions raised during the presentation, Presser said police cannot legally enter a residence that the University does not own without having either a warrant or there being some sort of emergency, like the pursuit of a suspect. He warned students that if police knock on the doors of private houses and they "can see people who look like they're 14 years old and? alcohol," they have the right to enter the building and give citations because of an exception in the law. The doctrine, called the plain view exception, states that police officers do not need a warrant to search anything questionable that is clearly visible. Although Presser did not know whether a minor could be forced to take a Breathalyzer test, he warned that anyone who refuses can be taken to the police station for further questioning if police have reason to believe the law has been broken. As a precaution, Presser suggested that students being cited should note the officer's badge number if they feel they were treated unfairly. College sophomore Stacey Rubin said that though she thought Presser's suggestions were helpful, she found "his distinction of this University as a private institution? disappointing and enlightening." Some students said Presser was unable to answer their questions regarding Fling. "He wasn't adequately prepared to answer those questions concerning the rights of students on campus being stopped during Spring Fling," Engineering sophomore Hai Ton said. Philo member and College junior Peter Martelli said that Presser answered the questions "as best as he could" but that many of the questions dealt with issues of criminality with which Presser -- who focuses on civil liberties -- is not as familiar.