The shooting of Michael Brown, has sparked a national, controversial discussion over citizens’ rights and police boundaries. Last week, Duke students gathered to clarify their own rights. This topic was especially poignant for some students who remembered when just last semester, a local Durham resident was filmed being arrested at the West Campus bus stop for stealing a Duke student’s book bag.
Last Wednesday, the Duke National Association for the Advancement of the Colored People and Duke Ethiopian/ Eritrean Student Transnational Association presented a new event, “Know Your Rights: Duke Edition”, as part of their Days of DESTA week of events.
More than forty Duke students attended this event. Three experts on the topic of citizen and Duke student rights, addressed prominent myths and realities about topics ranging from sexual assault to Miranda rights. The panelists invited to speak were Duke University Police Department officer Major Sara-Jane Raines, Nana Asante, the Sexual Assault Advocate for the Durham Crisis Response Center, and criminal defense lawyer, Courtney Fauntleroy.
The president of DESTA, Kahsa Teum, started off the event by briefly explaining where the inspiration for this event came from.
“After someone was arrested on Duke campus last year, we are all curious about our rights if an officer were to approach us.” Said Teum. “Given different scenarios x, y and z, when are we allowed to say no?”
The three panelists answered a number of questions regarding a Duke student’s rights on and off campus, first addressing when a student can legally refuse a police officer’s request to search his/her car or home. The answer to this tricky question was: it depends on the situation. If an officer does not have probable cause to search a car, you have the right to refuse the officer. A police officer also must have a warrant specific to the residence with a list of items he/ she is searching for in order to enter any citizen’s home. A warrant is not needed to search a car, and an officer may use all 5 senses to detect possible crime. For example, if someone is pulled over for speeding, and the officer smells marijuana in the car, he now has the right to search the car for drugs and/or paraphernalia. However, should a search be conducted under an investigation with probable cause, it is within the officer’s legal boundaries to do so.
The panelists also explained the use of Miranda rights—which includes he right to remain silent—during an arrest. If a police officer arrests you, he or she must recite the Miranda rights to protect you from self-incrimination. However, if the officer doesn’t read them, it is still considered a legitimate arrest. If at the time of arrest, you are not read your Miranda rights and you unknowingly confess, you can suppress that confession during a trial, and it can’t be legally used as evidence against you.
This event also covered what someone should do if he felt as if he were being profiled or followed by an officer unjustly. In this scenario, the panelists recommended that you record this happening, to use as evidence to file a complaint to the law enforcement agency. They especially urged to not become belligerent and to remain calm, as this puts you in danger and makes the situation more complex. Major Raines added that both the Duke police department and Durham police department have an internal affairs professional standard, and if an officer is found violating this standard, students should report this to the department.
Get The Chronicle straight to your inbox
Signup for our weekly newsletter. Cancel at any time.