Editor’s note: This commentary is part of ASUO Legal Services’ ongoing efforts to assist students through education as well as representation.
“We’re on the front lines of a war zone,” the Harvard Square tour guide told me last month in response to my question of why can’t I go into a certain Harvard library to observe an art installation. “There’s sensitive documents in there which we can’t allow the al-Qaida terrorists access to.” Okay. I get it — sensitive documents need to be protected. But the entryway art exhibit and the thousands of non-sensitive books and documents should be available to the average citizenry, right?
The ridiculousness and hysteria of this shotgun approach to homeland security struck me as eerily similar to the mentality I’ve encountered when dealing with the Eugene Police Department Party Patrol, who appear to have predominantly adopted a
one-size-fits-all attitude when dealing with anyone remotely college-aged.
For the last two and a half years, I’ve been a contract lawyer for ASUO Student Legal Services. During that time, I’ve encountered many students who, due to their own mistakes in judgment or just plain stupidity, found themselves cited into Municipal Court for violations ranging from underage drinking to DUII and Assault on a Police Officer. Unfortunately, for every five students cited into court for their own folly, I’ve come across at least one student who was innocently in the wrong place at the wrong time and who was erroneously charged or grossly overcharged for de minimis conduct.
In response to what I’ve observed, I’ve met with the chief of police and the city prosecutor to discuss policy. I’ve published numerous articles in the Emerald about students’ legal rights. I’ve assisted students filing complaints against police officers. I’ve litigated some cases and won. I’ve litigated others and lost. But in the end, I think I’ve done little to change the system and failed to help students change their attitudes about dealing with the police.
The bottom line is that the police can enter your home without a warrant under certain circumstances, such as when they reasonably believe that the crime of furnishing alcohol to minors is occurring. If you are accosted by police, you will certainly worsen your situation by attempting to have a conversation with them or by asking them repeated questions about what right they have to do what they are doing. Increasing numbers of students are cited with the crime of Interfering with a Police Officer. Under Oregon law, ‘interference’ occurs when a citizen intentionally tries to prevent an officer from performing his duties, or when the person refuses to obey a lawful order of the officer. This charge often arises when students question an officer’s actions. Comments like “Get out of my house!” or “I know my rights! You can’t search me!” can quickly escalate to a Class A Misdemeanor.
Your best course of conduct when confronted by police is to observe your right to remain silent, admit nothing, remain calm and let things get sorted out in the calm light of day with a lawyer at your side.
Knowing that the Party Patrol has adopted a zero-tolerance stance on underage drinking, you should exhibit extreme caution around underage drinkers. If you are underage, do not drink or allow yourself to be around places where alcohol is served. If you are over 21, do not allow any minors on the premises and adhere closely to OLCC requirements for handling kegs. Your mere presence where alcohol is illegally served could result in a criminal charge against you. While the criminal charge may not hold up in court, you will still bear the burden of numerous court appearances, possible trial and the threat of jail and/or fines of hundreds of dollars if you lose.
Remember that the attorneys of ASUO Student Legal Services are here to help you at little or no charge. Come to see us before your next party if you want to discuss strategies for avoiding police conduct. Or see us afterwards if things go bump in the night. Just remember that in the heat of the moment, police can and will use physical force to accomplish their goals.
So please, be careful out there.

Laura Fine is an attorney with ASUO Legal Services.