Pubdate: Sun, 13 Jul 2003
Source: Herald-Sun, The (Durham, NC)
Copyright: 2003 The Herald-Sun
Contact:  http://www.herald-sun.com
Details: http://www.mapinc.org/media/1428
Author: Eric Olson, The Herald-Sun

ACLU LAWYER ARMS STUDENTS WITH KNOWLEDGE OF RIGHTS

DURHAM -- Unless law enforcement officers have a warrant in hand or a
reasonable level of probable cause, they have no right to search a
vehicle or home.

Reginald Shuford, the American Civil Liberties Union chief litigator,
drove that message and others home to about 70 people at N.C. Central
University's School of Education building Saturday afternoon.

"There is a lot of opportunity in our day-to-day lives for encounters
with police," Shuford said. "It's very important to know your rights
when those encounters occur."

About 50 students, ages 11 to 17, from the Academic Summer Accelerated
Program are living at NCCU for four weeks and attended the
presentation as part of their camp.

Twelve-year-old Marielle Wall of Durham volunteered to answer one of
Shuford's questions and told him she learned the answer on the
television program "Law & Order."

Wall also had a law class at Shepard Middle School, and she said it
was important for people to know their rights.

"I learned a lot of stuff," Wall said. "It will make people aware of
what to do instead of doing the first thing that comes to the mind."

Shuford, who is the ACLU's chief litigator for racial profiling cases,
expanded his lecture to schools and questioned the students about how
far a principal could go to search a student's backpack or locker, and
about the legalities of drug testing of student athletes.

Many students disagreed on the correct answers, and one student even
asked whether answers were morally or legally correct.

Students have fewer rights on school grounds, and student athletes'
rights are further limited because they are participating in
extracurricular activities, Shuford said.

Police cannot legally arrest someone walking down a street for failing
to produce identification, and they are prohibited from patting
someone down without probable cause, Shuford said.

"Generally speaking, the more intrusive the search, the more probable
cause they need," he said.

Kristen Bell, 26, of Durham took her 12-year-old son to the
presentation as a learning experience because she said black males
"often get their rights violated by police."

"In the future, as he gets older, he'll know his rights," Bell said.
"I just want him to be informed in case something happens to him." If
police stop you while driving, then ask to search your car, refuse,
Shuford said.

"What they do is they say, 'If you don't have anything to hide, then
what's the problem,' " Shuford said. "You should say, 'The problem is
the Constitution.' "

Shuford suggests remembering everything about the encounter, including
the officer's name and badge and car numbers, then writing everything
down later.

People should say as little as possible and behave in a manner that
will avoid confrontations, Shuford said.

"If you leave here today with nothing else, remember this: use common
sense," Shuford said. "The point is to always be as cooperative as
possible, but at the same time, not surrender your rights."
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MAP posted-by: Richard Lake