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1149 Willamette
Open Toes, to Sat, 10am to 4pm
017037
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Restaurant and Lounge
Authentic Chinese Cuisine
Fresh, Quality Ingredients
947 Franklin Blvd. (near UO) • 343-4480
Individual, Family Style, Banquets to 100, Take Out
Tues.-Thurs. 11-10:30, Fri. 11-11
Sat. 12-11, Sun. 11:30-10
Students should know rights,
laws when dealing with police
Editor's note: This commentary is part
of the Emerald's and ASUO Legal Ser
vices' ongoing efforts to assist students
through education as well as representa
tion. Information disseminated herein
does not constitute legal advice and does
not create an attorney-client relation
ship. For legal advice, contact an attor
ney licensed in your state.
1
Warrant requirement
It is a common misconception
that police cannot enter your house
without a
warrant. In m m
fact, the law SfcL 1
authorizes a COMMENTARY
warrantless _
entry by po
lice where they have probable cause
of a crime and an exigent circum
stance justifying immediate action.
For example, police can make a
warrantless entry into your home if
they have probable cause that you are
furnishing alcohol to minors, and
that the alcohol will be poured out
and the minors will run away to avoid
detection while officers wait to get a
warrant. The Oregon Court of Ap
peals decided a case on similar facts in
State v. Jangala. This case is the prime
justification relied upon by the Eu
gene Police Department for entering
houses with parties that appear to
have alcohol and minors present.
If police show up at your door re
questing permission to enter, you
have the right to deny consent. How
ever, the police will come in without
your consent if they feel they have
probable cause plus an exigent cir
cumstance. In this circumstance, you
are best served by remaining calm
and following police orders. Pay
careful attention to what is said and
done so you can discuss it later with
your lawyer.
Interfering with an officer
Increasing numbers of students are
cited with "Interfering with a Police
Officer." Under Oregon law, "interfer
ence" occurs when a citizen intention
ally tries to prevent an officer from
performing his duties, or when the
person refuses to obey a lawful order
of the officer. This charge often arises
when students question an officer's
actions. Comments like "Get out of
my house" or "1 know my rights —
you can't search me," can quickly es
calate to a Class A misdemeanor.
If an officer asks for permission,
you can say no. If an officer makes an
order, you act at your peril by engag
ing in questioning or resisting behav
ior. To be valid, consent must be free
and voluntary. Ask the officer if you
are being ordered to comply. If, after
the fact, it is found that the officer's re
quest to you was not lawful, your re
sistance may not constitute the crime
of "Interfering with a Police Officer."
Unfortunately, you run the risk of in
curring criminal charges and
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