University students who have run-ins with campus and city police may not be able to differentiate the two based solely on their uniforms and professional demeanor.
But the Department of Public Safety and Eugene police have different protocols for legally entering a house or using a Breathalyzer, and an ASUO attorney said students should know their rights when dealing with law enforcement officials.
Entering residence
When can DPS legally enter a residence hall, house or apartment?
The same rules apply to residence halls, houses or apartments, said DPS Director Tom Hicks. Residence hall rooms are a student’s private area regardless of being campus property.
Officers can enter the premises if officials have a search warrant, if there is an imminent health concern, such as a fire or an unconscious person, and if a student consents to a search, Hicks said.
DPS officers’ authority is limited to campus-owned property, Hicks said, so DPS officers would have to contact Eugene police if they had reasonable suspicion to search an off-campus dwelling.
When can EPD legally enter a residence hall, house or apartment?
Eugene police officer Randy Ellis said officers can enter a residence when they have a warrant, observe a crime or are seeking a wanted subject.
“It’s so dependent on the circumstances,” Ellis said.
If someone is worried about whether an officer should be searching them, Ellis said, they should remember that “cops know what they can and can’t do.
“Your party is not so important to us to violate state laws,” he said. “We’re not driving around looking through windows.”
What can students do when an officer knocks on their door?
Laura Fine, an attorney for ASUO Student Legal Services, said students do not have to open their residence hall door when an officer knocks. If it is obvious a student is smoking pot, an officer can obtain a probable-cause warrant if he or she believes a crime is occurring. A marijuana-related crime means more than one ounce of pot is being smoked, because possessing less than an ounce is only a violation and will not merit a warrant, Fine said.
Ellis, however, said a violation is just a classification of a crime.
Searches
When can campus police legally search someone?
DPS officers can search when there is a safety risk that the officer can articulate, such as when a weapon is peeking out of someone’s clothes, Hicks said.
They can also search when someone is arrested, looking for items complementary to the crime, Hicks said.
An individual’s consent always allows a search, he said.
When can an EPD officer legally search someone?
Police can search if they have probable cause and reasonable suspicion, Ellis said. A police officer will ask for consent, although they may do so subtly, Ellis said. This allows them to search.
Must students consent to a search?
Students can say, “I don’t consent to a search” at any time, Fine said. Often, police do not blatantly ask a student for his or her consent, so students should realize there is “no obligation to incriminate anything.”
“The one (officers) get everyone on is consent,” she said. “It comes down to the officer’s words versus yours. Consent is freely and voluntarily obtained.”
Above all, students should cooperate with law enforcement if searched, Fine said.
Identification
What does DPS do when a student provides a false name or identification?
DPS’ reaction depends on the circumstances, Hicks said. If a student presents false ID that shows a birthdate of legal drinking age, that is a crime, and he or she can be held in custody. If a student refuses to cooperate, he or she violates the Student Conduct Code, he added.
What does EPD do when students provide false information?
There are two separate ways of dealing with students, depending on the circumstance, Sgt. Mark Montes said. When someone offers an officer false information, including a name, address or birthdate during the issue of a citation, a student can face a $2,500 fine and jail time.
Under Oregon’s vehicle code, giving false information while driving is a misdemeanor, Montes said.
Should students ever give false information to an officer?
A student should always provide real information, Fine said.
“False information to a police officer is a crime,” she said.
Sobriety tests
When do DPS officers use a Breathalyzer?
DPS does not carry devices used to estimate blood alcohol content from a person’s breath, Hicks said. There is no law that a person has to complete a breath test in order to be given an MIP. If there is reasonable cause to believe a student is intoxicated, no breath test needs to be given, Hicks said. Instead, they look for signs of drinking, such as red eyes, alcohol on the breath and a booze bottle in hand.
When do EPD officers use a Breathalyzer?
An officer uses an Intoxilyzer during the investigation of driving under the influence, Montes said.
“We don’t carry them or use them for minor alcohol violations,” he said.
Breathalyzers are too complicated to be commonly used on people and aren’t designed for that, Ellis said.
Do students have to blow into a Breathalyzer?
Blowing into a Breathalyzer is completely consensual, Fine said. If a student says “no thank you,” the officer will probably still administer a ticket, but a student can fight it in court because the officer must rely on observation, Fine said.
The consequences differ when someone is asked to blow into a Breathalyzer while driving because drunk-driving rules are harsher, Fine said. Drivers must pay a fine and lose their licenses for a year if they refuse a breath test.
Car searches
When can DPS search someone’s car?
Campus police does not conduct traffic stops, Hicks said. However, if an officer observed a person smoking marijuana and a bag of pot was sitting on the front seat, the officer might conduct a search, he said.
If a car gets towed, DPS only visibly inspects the vehicle, so no one snoops through the glove compartment, Hicks added.
When can EPD search a car?
Vehicles are an exception to the warrant rule because they are inherently mobile, Ellis said. If officers believe something illegal is in the front of the car, they do not get to search the trunk, Ellis said.
If the driver of a vehicle is arrested, the police will take inventory of what’s inside the car.
Do students have to allow a vehicle search?
One of the exceptions to a search warrant is an automobile search, Fine said.
An officer can search a car for evidence based on a crime, she added.
“Anything they find is fair game,” Fine said.
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