Many students will come face-to-face with Johnny Law at some point if they haven’t already, and an understanding of basic rights can come in handy when the blue lights start flashing.
I’ve had my share of run-ins with the police. All were traffic stops, but I felt that some legal lines and my constitutional rights were infringed on at times.
Over spring break, a local Mississippi cop profiled me by the car I was driving, followed me for miles and then trailed behind me as I turned into a parking lot. He hit the lights on his SUV.
Pretty soon, I was unzipping my suitcase, opening up the pencil pouches in my book bag and anything else the officer wanted to see inside. The lawman seemed a little puzzled after he didn’t find what he was looking for and what I’m sure he thought was certainly there.
I’m aware of my rights, but sometimes it’s just easier to tell them to go ahead and get it over with. When asked why he wished to search my vehicle, he responded, “Just doing my job.”
It would be very tricky to ensure that all of those with a badge “just doing their job” upheld the American public’s rights and liberties. Although, an individual who knows their guarantees and protections is at an advantage.
However, if a student is ever involved in a similar situation, here are some pointers and useful information.
Students should become acquainted with the Fourth Amendment, the Fifth Amendment and what exactly probable cause means.
Police usually need to obtain a warrant to search you or any of your things. If it’s a traffic stop, an officer only needs probable cause or an admission of guilt to search your vehicle.
Probable cause means there are facts or evidence in plain view that would lead a reasonable person to believe a crime was committed.
Speeding, dark window tint or loud exhaust is not probable cause. The cop must see in plain sight or smell some form of illegal contraband. Therefore, the clear cover over my license plate was not a legal reason to search my car. My permission was the only way the officer could look at my things.
You’re protected by the Fourth Amendment. The amendment limits the power of the police to search people and their property, make arrests or seize property.
If I did not allow the search of my car, I would have been well inside my legal rights. It’s your right to refuse searches.
It’s important to note that you are not required to answer an officer’s questions with an in-depth response nor admit to breaking the law. In fact, a student does not have to really speak in these instances, but short and direct replies can help things go smoothly.
The Fifth Amendment assures civilians protection against self-incrimination. The cop might ask you how fast you were going. If you answer 65 mph and it’s a 55 mph zone, that is an admission of guilt. It’s in your best interest to answer that you do not know.
In any instance, it is important to understand your rights so things can be done safely, smartly and efficiently. From my experience, small town police and sheriffs do not fully understand or just don’t adhere to their legal limitations and civilians’ constitutional protection.
It is your right to know your rights, and civil liberties organization Flex Your Rights is there to help.
Flex, an educational nonprofit started in 2002, focuses on improving the constitutional literacy of all Americans. To accomplish this, Flex creates and distributes the most compelling and practical know-your-rights media content.
Flex provides various resources and information with the goal of filling courts with more sympathetic and intelligent plaintiffs, empowering community members to push back against unjust stop-and-frisks and other invasive police practices to influence entire police departments to respect citizens’ constitutional rights.
If you find yourself in a situation like mine, it’s best to thoroughly know your rights, should you choose to utilize them.
Having an understanding of your protections and guarantees is important, not only for yourself, but also in preserving those rights and creating awareness throughout law enforcement to do the same.
Justin Stafford is a 21-year-old mass communication junior from Walker, La.