cops

[G8Ralphaxi]

hey there...I'm currently a law student at U of Florida and I just took Criminal Procedure last semester. What an eye opener! It's amazing how often the cops take advantage of people just because no one knows their rights. I really believe that high school students should be instructed in their basic legal rights (both in the civil and criminal contexts) - it's such vital information.

Since your fraternity house is your residence, under the law you have a LOT of privacy protections. The cops CANNOT come in without a warrant, except for a few very narrowly defined circumstances.

1. They can come in if you invite them in. IMPORTANT: tell your members NOT to do this! TELL new pledges at the 1st meeting, REMIND brothers at least once a semester! And be careful when talking to a cop because you don't want to give any "implied consent" for them to enter.

When a cop is at the door, your PRESIDENT or other officer should greet them politely and ask what the problem is and if no warrant, CLEARLY STATE that THEY CAN'T COME IN. (SigmaChiCard's idea about walking around from the back of the house is a really great idea) Don't give in to any harrassment from the cop. Even threats to get a warrant and cause more trouble. To get a warrant, the cop has to get a judge/magistrate to authorize it and the cop has to show "probable cause" that you're committing a crime. Basically, the standard of proof requirement and the time and effort involved mean that the cop is unlikely to actually try and get the warrant, and even so, you'll have enough time to "clean up" whatever the problem is. i.e. send the underage drinkers home, turn off the stereo, etc.

2. They can come in SOMETIMES if they see evidence of a crime that was committed or is being committed. So don't leave dead bodies by the front windows. J/K! Seriously though, while the cops have to have a good reason to come in, you don't want to help them. NEVER leave your front door open if you're doing anything other than playing checkers. Also don't leave your windows open, especially in the front of the house. Theoretically a cop has to have a reason to even come on your yard and shouldn't be peering in the windows, but campus police likely have more power over you and if your windows are open and there's a crazy party inside, clearly visible, expect trouble. Also, anything visible from the street is fair game.

3. Sometimes they can come in if there's a complaint Again, this depends on how much power your campus police have (you should have more rights against the city/county cops) and what the nature of the complaint is. Again, an OFFICER should greet the cops at the front of the house and try to ascertain the problem. Very rarely will a complaint actually justify them to enter the house, except if the complaint is repeated (i.e. your fourth noise complaint of the night) or very serious (someone left your party extremely drunk and, God forbid, got into trouble/got hurt).

These rights are guaranteed by the US Constitution and cannot be taken away by local governments or your college. You may have other rights based on local statutes and your college's rules. Make sure to research them and know what your rights are! Seek the help of your National Orgs and your advisors.

Some common sense stuff:

Make sure that whoever you have designated to talk to the cops is:
1) at least 21
2) NOT under the influence of anything
3) fully aware of the importance of being polite, without being a pushover.

The last one is crucial - unfortunately, even if you are perfectly within your rights, being argumentative with the cops will jsut result in disaster. Often the whole problem can be solved by just kissing the cop's a** a little bit. No matter how rude or obnoxious the cop gets, your end of the conversation needs to stick with "yes sir no sir i'm sorry sir you're absolutely right sir we'll take care of it sir!" (or ma'am if appropriate!) Of course don't let them in your house but 9 times out of 10, just telling them you're sorry and will fix the problem (i.e. turn down the music, get your guests to stop parking on the neighbor's lawn, etc.) will get you out of trouble.

Best of luck!

G8Ralphaxi