Oregon daily emerald. (Eugene, Or.) 1920-2012, September 20, 2004, Page 3A, Image 3

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    | Commentary |
■ Guest Commentary
How to deal with cops at UO
Editor’s note: This commentary is
part of ASUO Legal Services’ ongoing
efforts to assist students through edu
cation as well as representation.
“We’re on the front lines of a war
zone,” the Harvard Square tour guide
told me last month in response to my
question of why can’t I go into a cer
tain Harvard library to observe an art
installation. “There’s sensitive docu
ments in there which we can’t allow
the al-Qaida terrorists access to.”
Okay. I get it — sensitive documents
need to be protected. But the entry
way art exhibit and the thousands of
non-sensitive books and documents
should be available to the average cit
izenry, right?
The ridiculousness and hysteria of
this shotgun approach to homeland
security struck me as eerily similar to
the mentality I’ve encountered when
dealing with the Eugene Police De
partment Party Patrol, who appear to
have predominantly adopted a
one-size-fits-all attitude when dealing
with anyone remotely college-aged.
For the last two and a half years,
I’ve been a contract lawyer for ASUO
Student Legal Services. During that
time, I’ve encountered many stu
dents who, due to their own mistakes
in judgment or just plain stupidity,
found themselves cited into Munici
pal Court for violations ranging from
underage drinking to DUII and As
sault on a Police Officer. Unfortunate
ly, for every five students cited into
court for their own folly, I’ve come
across at least one student who was
innocently in the wrong place at the
wrong time and who was erroneous
ly charged or grossly overcharged for
de minimis conduct.
In response to what I’ve observed,
I’ve met with the chief of police and
the city prosecutor to discuss policy.
I’ve published numerous articles in
the Emerald about students’ legal
rights. I’ve assisted students filing
complaints against police officers.
I’ve litigated some cases and won.
I’ve litigated others and lost. But in
the end, I think I’ve done little to
change the system and failed to help
students change their attitudes about
dealing with the police.
The bottom line is that the police
can enter your home without a war
rant under certain circumstances,
such as when they reasonably believe
that the crime of furnishing alcohol to
minors is occurring. If you are accost
ed by police, you will certainly wors
en your situation by attempting to
have a conversation with them or by
asking them repeated questions about
what right they have to do what they
are doing. Increasing numbers of stu
dents are cited with the crime of Inter
fering with a Police Officer. Under
Oregon law, ‘interference’ occurs
when a citizen intentionally tries to
prevent an officer from performing
COPS, page 4A
■ Guest Commentary
How to rent in campus area
Editor’s note: This commentary is
part of ASUO Legal Services’ ongoing
efforts to assist students through edu
cation as well as representation.
This time of year, many students
rush to find housing for the upcoming
school year. This sense of desperation
can lead to rash decisions in signing a
lease which, unfortunately, is often the
first step in creating an unsatisfactory
landlord-tenant relationship.
Take the time now to carefully con
sider your lease. After you move in,
continue to be proactive in protecting
your rights.
Read and understand
your lease
Let’s face it: Leases, like most legal
documents, can be difficult to read: not
necessarily because they are complex,
but because they are boring. Neverthe
less, it is crucial that you read your
lease before signing it. A lease creates
legal obligations for you. You need to
know what these obligations will be
before you agree to perform them.
If any portions of the lease are con
fusing or objectionable, discuss them
with the landlord. If necessary, insist
on making written changes to the lease
itself. Handwritten changes are ade
quate if they are initialed by the land
lord. Don’t accept statements from the
landlord such as “that’s never been a
problem.” If it’s not important, the
landlord should be willing to change it.
If a landlord is unwilling to discuss or
modify troublesome lease provisions,
this is a red flag that the landlord will
be difficult to work with.
If the landlord has agreed to do re
pairs prior to move-in, get those
promises in writing.
Think carefully about
the security deposit
Is the full amount of your security
deposit refundable? If not, think about
whether you can afford the non-re
fundable amount, and what you will
get in return. A non-refundable
cleaning deposit does not mean that
you do not have to clean when you
move out.
Discuss the landlord’s expectations
regarding the refundable portion of the
deposit. Will it go only to pay for dam
age, or will it also be used for cleaning?
Many students are surprised when
money is withheld for cleaning a unit
which was dirty when they moved in.
Be wary of excessively large de
posits — it can be very difficult to get
your deposit back, even if it was
wrongfully withheld. Some local
landlords take advantage of that fact.
Keep good records
Keep a copy of your lease and any
attachments. When you move in,
carefully inspect the unit, document
any existing damage in writing, and
provide a copy to your landlord. If the
landlord provides a move-in check
list, request and keep a copy.
Throughout the tenancy, request any
RENTING, page 19A
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