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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (March 31, 2004)
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Unaware of who was outside, Piper refused to open the door. Thompson and Magana, who has since been indicted on kidnapping, rape and misconduct charges in sepa rate incidents, then identified them selves as Eugene police officers, but "given the officers' prior actions, Piper did not believe them and refused to open the door without a warrant and identification," according to the com plaint. Magana said in a police report that he contacted Sgt. William Harris to ask permission to enter the residence to perform a welfare check. During a welfare check, officers may enter a res idence without a warrant to locate a missing person, prevent injury or help an injured person. Harris, who is also being sued, au thorized entry "despite the lack of cir cumstances warranting a welfare check," the complaint states. Magana stated in his report that he had been called to the residence be cause of a noise violation; however, the only audible noise outside the residence was a "radio that was not playing loudly," according to the complaint. The officers cited Piper and Dickenson for noise violations, but they were later acquitted in Eu gene Municipal Court. Magana and Thompson contacted apartment tenant Eric Bradley, who was working part time in mainte nance and cleaning, asking him for a key to the apartment. Bradley initial ly refused but provided a key after of ficers "illegally threatened" the man with arrest, according to the com plaint. Magana and Thompson entered the home and ordered Piper, Dicken son and two houseguests out of their beds and onto the living room couch. They were not allowed the use of the bathroom while officers searched the apartment, combing through private dresser drawers and garbage cans. "I had no clue who was pounding on the door until the Eugene Police stormed into our home and aggres sively ransacked our personal belong ings without any reason," Piper said in a March 18 press release. "We had no clue why they were in our home and were very afraid of what they might do to us." Piper and Dickenson are also suing the city to ensure that it "institutes and follows the policies and proce dures designed to prevent other Eu gene residents from being harmed in a similar manner," according to the press release. "The following allegation is likely to have evidentiary support after a rea sonable opportunity for further investigation or discovery: The City of Eugene has made or allowed numer ous other similar incidents of unrea sonable search and seizure, and mon ey damages are therefore inadequate to remedy the injury, making injunc tive relief necessary and appropriate," the complaint stated. University senior Patrick McEach ern faced three charges relating to a party he hosted in late 2002 after Eu gene Police climbed onto a balcony and entered his apartment. Similar to Piper and Dickenson's case, however, a municipal judge dropped the charges against the business adminis tration major after finding that EPD illegally entered the residence. EPD Spokeswoman Kerry Delf said the department has received com plaints about welfare checks in the past, but exact numbers have not been compiled. In the press release, Piper said the failed police review process could have prevented Magana's other crimes. Magana has been indicted on 51 charges, ranging from rape to kid napping and official misconduct, and will appear for trial in June. Olshanski said the illegal entry law suit and Magana's arrest aren't related in any way. "The other officer that was named in this had nothing to do with the on going Magana investigation related to the sex crimes," she said. Contact the campus/ federal politics reporter at jaredpaben@dailyemerald.com. BIKES continued from page 1 at the scene until a DPS officer arrives. Bicyclists who ride on a sidewalk and don't give an audible warning to a pedestrian they approach and pass may receive an $89 fine Bike riders may also receive an $89 fine for riding their bike in areas not permitted for bike use. Although there are many hefty fines tacked on to breaking these rules, Hicks said DPS doesn't go after every bike rid er who disregards them. "(DPS) enforces flagrant violations," Hicks said. "It is expected that every body uses common sense when riding a bike. Everybody is expected to obey the rules of the road." But University journalism Professor Debra Merskin said DPS should en force the rules more stricdy. "Many of us want to trust Public Safety to keep us safe," she said. "Given the regularity with which (a bike accident) happens it seems in (DPS') best interest to monitor the walkways." Merskin had a run-in with a bicy clist in front of the Knight Library March 10. She said classes had just gotten out right before noon, so the area was crowded. She saw a man hop onto his bike and kick off to get going, and he ran right into her. Merskin said she was hit on her right cheek bone, by what she deter mined to be an arm or hand, and she said the impact sent her flying back ward several feet. She landed on her right elbow, which was badly bruised and scraped, and her face and jaw hurt for several days. "I don't believe bicyclists should be riding on the sidewalks," Merskin said. "I understand the urgency of getting places, but 13th (Avenue) and some of the driveways permit bike access." She added that bikes and skateboards should be used on the streets. Merskin said she is concerned that collisions with bike riders are becom ing a problem, and she said she knows of other faculty who have had similar incidents. She said there have been many times when she has had to jump out of the way of bicyclists or they have come up behind her asking her to move out of the way, which she consid ers "rude" and "dangerous." Hicks said the Public Safety Adviso ry Group has created a sub-committee to look into bicycle safety on campus. S'* Hicks said he hopes it will provide him with guidance to improve bike use and possibly create a bike-use ed- - ucational campaign followed with a plan to enforce regulations. The committee will examine bicycle use at other universities and how those universities enforce their rules, he said. Contact the crime/health/ safety reporter at lisacatto@dailyemerald.com. Student Groups Advertise in the Oregon Daily Emerald. Call 346-3712 to speak with a sales rep. We have great University rates. Today's crossword solution NEWS BRIEF Campus Glenwood closes for renovations The Campus Glenwood Restaurant, located at 1340 Alder St., is dosed for renovations this week as it celebrates its 25th anniversary. The improvements indude a larger cooking surface and new cooking equipment in the kitchen, along with a new dimate control system and re pairs to the building's structure, own er Jacqui Monninger said. "We're painting inside, refmishing the hardwood floors," she said. "The new hood over the stove is going to be a big improvement because before when we burned a piece of toast, it smoked up the whole dining room." Monninger said the repairs will not affect the price of food at the restaurant "We've been saving for years here," she said. "I think it's going to make it a better place to work, but in terms of a customer's point of view, the num ber of tables we have versus the size of the kitchen will be a better fit. There won't be those times where there is a half an hour wait for your food be cause we're too busy. * The restaurant's original location on Franklin Boulevard opened in 1976. Monninger bought the company in 1978 and the business moved to 2588 Willamette St. In 1982, she opened the campus location. Before the Glenwood moved in, the building had been home to another restaurant, a book store, and, originally, apartments. "I really like the old building, little by little it's getting to where it should be," Monninger said. "It got neglected for a long time." — Steven Neuman Oregon Daily Emerald P.O. Box 3159, Eugene OR 97403 The Oregon Daily Emerald is pub lished daily Monday through Friday during the school year by the Oregon Daily Emerald Publishing Co. Inc., at the University of Oregon, Eugene, Oregon.The Emerald operates inde pendently of the University with of fices in Suite 300 of the Erb Memorial Union. The Emerald is private prop erty. 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