Police breaking the 4th amendment - underage drinking event

[Russell Kanning]

We are planning a freedom to backpack event here in downtown Keene ...

Saturdays, 7pm, downtown Keene

[earthhaven]

This is some old news, but it's time we stand up and do something about this because it is still a big civil rights issue.

From the Keene Equinox (The Keene State College Newspaper).
http://www.keeneequinox.com/news/2004/10/14/News/Kpd-Ksc.Cracking.Down.On.Booze-751955.shtml

KPD, KSC cracking down on booze
By: MATT PREST and MARIE BERGERON
Issue date: 10/14/04 Section: News

Keene city police officers and Keene State College are once again joining forces to crack down on underage drinking on and off campus.

According to Director of Campus Safety Amanda Warman, the college remains in constant contact with the city police. Warman believes underage drinking and public intoxication have become a priority for the college and the city. She claimed that while similar efforts are being displayed as in previous years, the college and the police are trying to make a more highly coordinated effort.

"We really tried to step it up," said Warman.

Alongside Warman in the citywide effort, is Officer Darryl Madden. Madden acts as the liaison officer between the Keene Police Department and the college. According to Madden, the New Hampshire legislature recently passed a statute entitled, "Party House." While the statute is aimed at parents who allow high school students to drink alcohol while under their supervision, college students are not exempt from it, said Madden.

The law states a "Party House" is an establishment within which there are five or more underage consumers of alcohol. According to Madden, the host of the party will be arrested for allowing minors to drink alcohol and could face up to a $500 fine.

Houses around campus that have been labeled a party house could possibly be subject to closer scrutiny by patrolling officers, claimed Madden. When he visits a house suspected of hosting a party, Madden insists and prefers that the hosts "police" the party themselves. It is the responsibility of the host to check identifications, and make sure guests do not leave intoxicated.

"The neighbors are tired of drunk behavior," said Madden. "It is unpleasant to wake up at two in the morning and see a student urinating on their property."

Since the arrival of students on Aug. 28, Madden and the Keene Police have made 45 alcohol related arrests. Offenses include underage internal and physical possession of alcohol. Last year in the same time frame, the count was slightly fewer, totaling 41 arrests.

So far this academic year, there have been a dozen incidents where students have been caught by campus safety for underage drinking, said Warman.

"We generally discover the underage drinking after we've responded to another complaint or incident," she said.

If students are "underage and in possession of alcohol, it's illegal," said Warman. "Many of the students who are being arrested for underage possession are the ones walking down Winchester Street carrying bags of alcohol..." she said.

"Initially there is a big number at the beginning of the year," said Madden "It's mainly students who come back in celebration mode, and freshmen who drink away from their parents for the first time at college parties."

Warman said that Keene Police Department and Campus Safety attempt to stop any problems as soon as possible during the school year.

"Keene Police and Campus Safety increase patrols at the beginning of the year in an effort to curtail behavior as we move in to the semester," she said.

Some students said that it appears that there are more police on patrol throughout the city.

"Compared to last year, there seems to be a lot more police out on the weekends, and people I know are getting arrested," said sophomore Amanda Michaud.

Madden and Warman have been spreading the message about their intent. While speaking at KSC's Inter-Fraternal Council/ Pan-Helenic Council weekly meeting, Madden explained the "Party House" law and the new internal possession law.

Madden said that there has also been an increase in the number of noise complaints that his department has received this year.

"There has been an increase in noise complaints and therefore there is more interactions with the police and people making the noise," said Madden. Patrol officers are patrolling and focusing on the neighborhoods that get the most complaints, he said.

The list of noise complaints include the following, spinning tires, beeping horns, and music, he said.

"It's not always KSC students making the noise, but any noise complaint will get police dispatched..." said Madden.

According to Madden, anyone who is stopped and suspected of intoxication by alcohol is subject to a Breathalyzer test. If an underage offender receives a blood-alcohol level of 0.02 or higher, they could be arrested for internal possession of alcohol.

Madden asserted that the totality of a situation will determine whether or not a student is approached by an officer. Officers first start with a reasonable suspicion, such as a student walking around with a backpack at 1 a.m. on a Saturday night.

"Reasonable suspicion that an offense is being committed or about to be committed," said Madden.

Having a backpack is not the only reason for being stopped by an officer, said he said.

"It is the totality of a situation involving, time of day, the officers' observations of a person, the officer's experience and reasonable suspicion...."

According to Jack Bell, an attorney, the definition for probable cause in the state of New Hampshire is; "Probable cause exists if a person or ordinary caution would justifiably believe that what is sought will be found through the search and will aid in a particular apprehension or conviction."

If a student is walking down the street at midnight with a backpack, and it is assumed that are not intoxicated, being disorderly, or breaking any other law, there is no probable cause to stop that student, said Bell.

However, if the police officer stops and asks the person a question, and the person has alcohol on their breath, glassy eyes, or seems disoriented, and the officer believes the person is underage, then there could possibly be probable cause. There is a real fine line here, said Bell.

Matt Cirish, a sophomore, was apprehended for an offense dealing with a backpack. As Cirish walked with a backpack down Winchester Street on a Friday night, Keene Police officers approached him and his two friends.

According to Cirish, the officers followed him on foot, asking the contents of their backpacks. After the officers received permission to search Cirish's bag, the three were arrested for unlawful possession of alcohol. According to Cirish, he was handcuffed without being read his rights.

"We were walking down the street minding our own business, and the cops just approached us," said Cirish. "I honestly felt violated. I didn't think there was any probabl

There is a $300 fine for the first offense of underage possession of alcohol, and $500 for a second offense, said Madden. e cause to stop us."

In court, Cirish was fined $300 for the misdemeanor.

He asserted that he received a letter from the college stating awareness of the situation, but has not been put through the college's judicial system.

Antoinette Battisti, a biology major, differs with Maddens' reasons for stopping students.

"I was in front of my friends' house talking on my cell phone with a backpack on, and the officer came up to me immediately. I was not drunk or being loud. He told me that if I did not open my backpack, he would take me down to the station and get a warrant to open my bag, so I obliged and was arrested on the spot."

Penalties for infractions such as this outside of the law, involve the college's judicial board. According to KSC's Dispute Resolution Coordinator, Mark Schmidl-Gagne, there has been a considerable reduction in the number of students who have been brought through the college's judicial system due to alcohol related offenses compared to last year.

The judicial system is the same as in past years, with minor changes.

When students are arrested off campus, they receive a letter from the Vice President, claiming knowledge of the incident. The second offense warrants a letter from Schmidl-Gagne warning that any more infractions may result in formal action through the college's judicial system.

Further infractions will result in judicial action and depending on the judicial history of the student and the severity of the situation, the guilty party may receive a threat of loss of housing.

The college has also worked to implement educational drug and alcohol awareness programs, or deferred learning programs, to go along with probational sanctions.

"We use educational sanctions to help the student gain a better understanding of the risks of alcohol use," said Schmidl-Gagne.

[Lex]

Huh?  ???

[Russell Kanning]

We should have freedom to backpack in Keene.

[earthhaven]

Madden asserted that the totality of a situation will determine whether or not a student is approached by an officer. Officers first start with a reasonable suspicion, such as a student walking around with a backpack at 1 a.m. on a Saturday night.

The police argue that they use probable cause, but the police get to decide what this is. Most people who are arrested could do more to stand up to the police, but they are usually intimidated, threatened, and maybe a little drunk, in which case they are charged with internal possession.

[FrankChodorov]

If a student is walking down the street at midnight with a backpack, and it is assumed that are not intoxicated, being disorderly, or breaking any other law, there is no probable cause to stop that student, said Bell.

However, if the police officer stops and asks the person a question, and the person has alcohol on their breath, glassy eyes, or seems disoriented, and the officer believes the person is underage, then there could possibly be probable cause. There is a real fine line here, said Bell.

Matt Cirish, a sophomore, was apprehended for an offense dealing with a backpack. As Cirish walked with a backpack down Winchester Street on a Friday night, Keene Police officers approached him and his two friends.

According to Cirish, the officers followed him on foot, asking the contents of their backpacks. After the officers received permission to search Cirish's bag, the three were arrested for unlawful possession of alcohol. According to Cirish, he was handcuffed without being read his rights.

the moral of the story is never let any police officer search your bag...

"I was in front of my friends' house talking on my cell phone with a backpack on, and the officer came up to me immediately. I was not drunk or being loud. He told me that if I did not open my backpack, he would take me down to the station and get a warrant to open my bag, so I obliged and was arrested on the spot."

make them get a warrant which has to come from a judge where they have to describe in detail what the probable cause was...

[FrankChodorov]

Madden asserted that the totality of a situation will determine whether or not a student is approached by an officer. Officers first start with a reasonable suspicion, such as a student walking around with a backpack at 1 a.m. on a Saturday night.

The police argue that they use probable cause, but the police get to decide what this is. Most people who are arrested could do more to stand up to the police, but they are usually intimidated, threatened, and maybe a little drunk, in which case they are charged with internal possession.

they can stop you for probable cause based on their observation but if you refuse then they have to get a warrant from a judge to search the bag inwhich the police have to explain to a judge what the probable cause was...

I would think it would be worth the $300-$500 especially if you have a number of idependent witnesses.

[Kat Kanning]

So here's the idea:

About 10 of us are going downtown with backpacks at 7pm, September 9th.  About half of those people will be underage.  At least one of those people will have a backpack with alcohol in it.  People will have no ID.  Most of those people will refuse to have their backpack searched.

[Kat Kanning]

For those who are thinking about getting arrested:

http://goingtojail.embassyofheaven.com/

I thought it was really helpful for knowing what to expect.  I didn't find the bible verses particularly useful.

[Russell Kanning]

Some of us will have driven there without the mafia's permission (drivers license).
Too bad we will not have any homebrew from Matt from Kentucky.

[TackleTheWorld]

The parents of Keene students sent them there to be educated, not be shaken down for $300.
I think the students need to see an example of someone refusing to be searched.
Also the police need to experience some resistance to unwarranted searches.
I'll put on my backpack and walk around Keene Saturday, the 9th,
and refuse to let police search me.
It's an educational program!

[Kat Kanning]

That's right, it's for the children. 

[Russell Kanning]

We will begin about 7pm.

[Spencer]

My favorite quotes from the article:

"According to Cirish, the officers followed him on foot, asking the contents of their backpacks. After the officers received permission to search Cirish's bag, the three were arrested for unlawful possession of alcohol. According to Cirish, he was handcuffed without being read his rights."

AND

"He told me that if I did not open my backpack, he would take me down to the station and get a warrant to open my bag, so I obliged and was arrested on the spot."

Rule Number 1 for surviving overbearing cops is: NEVER, EVER, EVER, EVER CONSENT TO ANYTHING (including a search and including stopping to engage in "mere conversation"* with a police officer).

Rule Number 2 for surviving overbearing cops is: COPS ARE PEOPLE, TOO, which means that they have the same general percentage of lazy employees as any other job or profession (except maybe lawyers), and are highly unlikely to go to the trouble of taking you to a police station, filling out an affidavit for a search warrant, and waking up a judge in the middle of the night, if you refuse to consent to a search.

Another note -- most people bitch about the police not reading them their rights after being arrested, as if it is some sort of requirement.  It is not.  The police only need to read you your so-called Miranda rights if they intend to question you post-arrest and wish for any information learned from such post-arrest questioning to be admissible in court.  Usually, people say enough pre-arrest to hang themselves (especially in minor cases like shoplifting, minor-in-possession, etc.).

* NOTE: "Mere conversation" is a BS legal notion that you, walking down the street at night, encountering a police officer (in uniform with a gun, a tazer, handcuffs, and a police radio) who asks you a question will feel the same level of freedom to not answer the question / stop for the officer as if a homeless person had staggered up to you and asked you the same question.  Such questions may include: Hey, what's your name and date of birth?  Do you mind if I touch you and rifle through your belongings?

[Caleb]

This seems like a really fun event.  I hope many people can make it with their backpacks.  If the police decide to ignore us, that means everyone in the city that day will be free to backpack at will.