In the first of a four part seminar in the Cason-Kennedy Nursing Building, Attorneys Scott and Richard Kimberly began answering the question, “Can police do that?”
The series is intended to inform MTSU students of their constitutional rights when being searched, questioned, arrested or tried. This week focused primarily on the fourth, fifth, sixth and eighth amendments.
“(The seminar) is not us trying to bash or disrespect police,” Scott said. “I respect the work that (police) do in the line of duty because it is incredibly difficult and important. However, so is knowing your rights.”
“A lot of people, especially (college students) just don’t know what their rights are, and that’s what we’re trying to do,” Scott said.
The dominant theme throughout the seminar’s first installment was, “No warrant, no exceptions, no search.” Both Scott and Richard focused on the right that citizens have request and read a warrant before complying with any search of their private property. A police officer has to have a warrant to search your home, vehicle, bags or person (except for a pat-down) except for in these four exceptions:
- Plain Sight– If an officer sees something criminal in your home, he can come in, but Richard added, “If he sees (something) on your coffee table when you open the door, he still has no right to go back and search your bedroom until he gets a warrant.”
- Arrest-Once you’ve been arrested, a police officer has the right to search you without a warrant.
- Consent– “It happens a lot that a cop will say, ‘Do you wanna go to jail tonight, boy?’ in a (traffic) stop,” Richard said. “But the kid whose heart is racing and is looking at those blue lights hears, ‘If you don’t comply, you will go to jail’. That’s when people consent, at which point there’s not much defense.”
- Emergency– If a police officer hears or sees something that is impending danger or destruction of evidence, he can enter without a warrant, but he is still confined to a specific search until he gets a warrant.
“You stand to gain nothing by consenting to a search,” Scott said. “If (a police officer) is at your door and asks for a search, you ask for a warrant.”
The seminars are Tuesday nights (through April 7th) at 7 p.m. in room N 119 of the nursing building.
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