Local attorneys inform students of their rights

By Josh Holderbaum
Western Herald

Students looking to stay out of trouble should know their legal rights, two local attorneys said.

Shaun Willis and Jeshua Lauka, attorneys from Willis & Willis PLC, discussed student’s rights when confronted by police at 7 p.m. Wednesday in the Bernhard Center.

The Pre-Law Society sponsored the discussion, “Knowing Your Rights: A Guideline for College,” which dealt primarily with how police bust students for illegal substances and how to stand up to them respectfully.

One of those ways is the “knock and talk” method.

“You might get a knock on your door from a cop and he’ll say he heard you were making meth,” Willis said. “He asks if he can come in and take a look around, and you’ve never even seen meth, so you let him in. He comes in, finds a little bag of weed and a bong, confiscates it, promises he won’t charge you for it and six months to a year later charges you with it because they finally tested it to make sure it was weed.”

Another thing students should beware are undercover drug cops, Willis said.

“These guys probably partied in college, so they know how to blend in,” Willis said. “They’ll go to Wings Stadium and walk around the parking lot. If they smell a known drug, they’ll bust you.”

Noise violation charges could also bring problems.

Violators could face 90 days in jail for exceeding 50 decibels from 7 a.m. to 10 p.m. or 45 decibels from 10 p.m. to 7 a.m.

The sound must be identifiable, but a refrigerator could create 50-decibel noises, Lauka said.

“It’s as if you’re sitting in your living room and hearing your neighbor’s refrigerator,” Lauka said. “Under the law, that’s excessive.”

In comparison, a telephone ring is about 80 decibels, a stadium football game could create 117 decibels and a rifle could reach 163 decibels.

Homeowners who allow underage drinking or controlled substance abuse on their properties during parties and don’t take action could also face penalties due to Kalamazoo’s new party ordinance.

So far, the party ordinance hasn’t led to many cases.

“We haven’t seen any of this yet, but it’s still new,” Lauka said.

Before Nov. 2, 2009, officers did have the right to force minors suspected of an MIP to take a Breathalyzer.

Kalamazoo’s MIP ordinance now requires police officers to ask minors to volunteer for a Breathalyzer test, which can be denied with no fine, Lauka said.

Searches can be denied, but in a respectful and unaggressive matter, Willis suggested.

“If a cop knocks on your door, you don’t have to let him in – you can just peek your head out and ask what’s wrong and what you can do about it,” Willis said. “If he asks to come in again, you can say you’d prefer if they didn’t or that you’re not decent or something. You don’t need to be catty about it.”

Anyone subject to a search could also request that police get a warrant.

If a search happens at a party, each person there could request a warrant, requiring police to get a warrant for everyone who requests one, Willis said.
However, the best advice Willis can give doesn’t involve legal knowledge.

“The best advice we can give for staying out of trouble is don’t misbehave,” Willis said. “We’re not here to help you commit crimes or show you how to not get caught.”

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Posted by HeraldAdmin on Jan 21 2010. Filed under Breaking, Campus, News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

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