Lawyer outlines rights against police searches
People don’t have to let police officers search their cars without probable cause, and they shouldn’t give them their cell phones either, said Rob Latham, a criminal defense lawyer, in his presentation in the TSC on Thursday, called “Know Your Rights.”
Latham came to USU to teach students about their rights when it comes to search and seizure. Police aren’t allowed to search without probable cause, he said, but can legally lie to people to get them to cooperate, according to the film “10 Rules for Dealing with the Police,” which was part of Latham’s presentation.
“We’re just trying to get students to know and exert their rights in a responsible and respectful way,” said Adam Black, the president of Students for Sensible Drug Policy.
Latham told attendees to be kind and courteous but not to be afraid to tell police their rights. The Fourth Amendment protects against unlawful searches and seizures, unless officers have probable cause.
However, under the Utah Constitution, officers need something in addition to probable cause, Latham said. Officers also need exigent circumstances, which would be emergency situations that prevent them from getting a search warrant.
“Don’t be fooled when an officer says he has probable cause to search,” Latham said. “You can still say, ‘Officer, I understand you’re just doing your job. I don’t consent to any searches.'”
He said people should practice saying they don’t consent to searches along with other rights, before they get into a high-stress situation. He said it’s hard to understand how things will happen without practicing what they’re going to say if they get into a situation.
“More people talk themselves into trouble than talk themselves out of trouble,” Latham said. “We have a right to remain silent, and I recommend that you use it.”
Latham said if students get pulled over by the police, they should not consent to have their vehicles searched. Even if the person doesn’t think they have anything incriminating in the car, the police could find something someone else has left behind.
He said to not let police do a limited search of the car either, because limited searches don’t often stay limited.
Police officers can also take people’s cell phones if they suspect drugs, to run contacts through their databases, looking for drug dealers or other wanted persons, he said. The law on searching cell phones is unsettled at the moment, he added.
He said to password protect cell phones in order to assert an expectation of privacy. Latham said police also have software that can break phone passwords, so people should be careful on their phones as well.
“Phone numbers can suggest that you are involved in illegal activities,” Latham said.
Latham said phone numbers alone can’t be incriminating, but text messages can be.
Recently, Latham said he’s seen several cases of people threatening others through text messaging, which can lead to arrest.
People also don’t have to consent to breathalyzers when they are pulled over. However, if someone refuses a breathalyzer, the officer can make the person take a blood or urine test. If the person refuses these, his or her license will be suspended.
Officers can also use blood and urine tests to detect marijuana in the system up to 45 days after smoking.
Black said the club wants to get more lax punishments on small drug violations, like smoking marijuana. He said alcohol is much more lethal than marijuana, using the example of the death of Michael Starks, a USU freshman who died of alcohol poisoning in 2008.
Black said the club will hold more events in the Taggart Student Center through spring semester.
Latham said the war on drugs could potentially be ended by informed citizens performing jury duty and questioning whether the law and people’s rights were being upheld correctly. Jurors are allowed to vote “not guilty” if the juror thought the prosecution “was silly,” he said.
“People will stop being convicted because the jurors will say, ‘Hey, we’ve had enough,'” Latham said.
–marissa.shields@aggiemail.usu.edu