Know your rights: Alcohol

And now, what I have seen to be one of the most important topics of discussion in high school: alcohol. While it is no secret that the legal drinking age in the United States is 21, there are more restrictions in regards to alcohol. Here is some of the legislation in Iowa regarding alcohol consumption, possession or association, provided by the Alcohol Policy Information System:

• The underage possession of alcohol is prohibited with some exceptions: if it is in your own home and you have parent/guardian presence and consent OR if it is for legitimate religious, educational, or medical purposes.
• Underage consumption of alcohol is not explicitly prohibited; Iowa law does not specifically prohibit consumption of alcohol by people under age 21. We do, however, have a general statue prohibiting the use or consumption of alcohol by any person in a public place. In addition, Iowa law says that if a child (someone under age 18) is found to have violated this prohibition, their driver's license or operating privilege may be suspended or revoked for a period of one year.
• Under age purchase of alcohol is strictly prohibited in Iowa, no exceptions.
• Furnishing alcohol to minors is prohibited except when it happens in a private residence and the person is a parent/guardian or if it is for one or more legitimate religious, educational or medical purposes.
• Using a fake ID to obtain alcohol is a criminal offense. The penalty may include driver's license suspension.
• Blood alcohol concentration youth limits for driving a car is 0.02; this applies to all drivers under age 21.
• Loss of driving privileges for alcohol violations by minors are defined as the suspension, revocation or denial of a license for 365 days.
• Finally the prohibitions against hosting underage drinking parties is nonexistent. Legal ramifications can only come in the form of charges of possession or public intoxication.

I guess what it all comes down to is that alcohol under age 21 is illegal. However, drinking in your home under the supervision of parents is totally legal. But, the trick part comes in realizing that you cannot use that in your defense for a party at home with alcohol, when a bunch of people there it seems to be public. Always note though that police cannot be called to your home for no reason, you have to be stupid enough to get them to come.
In closing, since this is a school blog though, I need to put that drinking before it's legal, and usually afterward too, is pretty stupid. Root beer is tasty and won't get you in trouble, so just think before you act or associate with drunkards; true friends won't push you into getting a criminal record.

Know your rights: "stop-and-identify" laws

Now, there are probably things that I shouldn't share in this blog, but the fact that I have zero readers makes it okay to say this, I think. The only brush with the law I have ever had was in the form of a near-arrest, or so I thought. When a car I was the passenger of was pulled over for reasons that cannot be disclosed (note that it was not anything we had really done wrong; no speeding or drunk driving or anything, just a situation of being in the wrong place at the wrong time).

In this, one of the most frightening experiences of the last year, the driver was asked to present their license, which they promptly did. I was then asked to present mine, which I did not have because I had not been driving. We were both utterly perplexed when the police officer began screaming at us and threatening to take me to the juvenile detention center.

"Why don't you have your license?" he hollered.

At a loss for words, I stammered "Because I wasn't driving anywhere, and didn't anticipate getting pulled over."

"Well, you're out in public, aren't you?" the officer again insisted. "Everyone knows that you need to carry your ID with you out in public!"

Nobody had known this alleged fact though, thankfully I narrowly escaped the arrest by the police officer though; however, this situation has made a permanent impression upon my mind.

I never told my parents about this event, and plan to save it for their death beds, but I did do some investigation on my own to figure out this 'ID law' and here is what I found:

Essentially, that police officer was wrong and had no right to yell at me in the manner that he did. The facts behind this are the 2004 Supreme Court Case known as Hiibel v. Sixth Judicial District Court of Nevada. In this case, Hiibel was arrested and convicted for refusing to identify himself during a routine stop.

Nevada, and many other states, has a law that requires a person to tell an officer his name if asked, these are known as "stop-and-identify" laws. Iowa does not have a "stop-and-identify" law. However, Hiibel challenged his conviction, claiming that it violated his Fifth Amendment right not to incriminate himself and his Fourth Amendment right to be free from unreasonable searches. The state intermediate and Supreme Court rejected his argument in affirming the conviction.

In conclusion, it was decided that the search did not violate the Fourth Amendment because it was based on reasonable suspicion and involved only a minimally intrusive question. Id also was deemed not to violate the Fifth Amendment.

However, in Iowa the fact that we do not have "stop-and-identify" statues says that a police officer cannot require random people to identify themselves.

But the best bet in this situation is just to be prepared; take your ID with you when you go places and don't put yourself in situations that could be incriminating.

Know your rights: If your car is stopped by a police officer

Things are different if you are pulled over while driving than if you are simply stopped while walking down the street. If your car is stopped by a police officer, keep your hands where the officer can see them. If you are driving, you must show your drivers license, registration and proof of insurance...if you are asked for them (which you most likely will be). Therefore, it is really important to make sure that you have these things in your car, because failure to produce them may result in an arrest.
Officers can also ask you to step outside of the car, they can also separate passengers and drivers from each other to question them and compare their answers, but nobody legally has to answer any questions.
The police cannot search your car unless you give them your consent (which you do not have to give) or unless they have "probably cause" to believe that criminal activity is likely taking place, that you have been involved in a crime, or that you have evidence of a crime in your car. So, if you know you have nothing incriminating in your car, it is really up to you as to whether you consent to the search. Note that it may make you look suspicious if you say no, and that it will be humiliating if you say yes, so weigh the options quickly.
If you do not want your car searched, (assuming that the officer does not have "probable cause") clearly state that you do not consent. The officer cannot use your refusal to give consent as a basis for doing a search. And if possible, state your lack of consent so that others can hear and witness it, (but not obnoxiously or incriminatingly).
The protocol for a passenger is quite different though, and we will address it at another time...
Information provided by the American Civil Liberties Union.

Know your rights: If you are stopped on the street

If anything has resonated with me over the past couple of weeks, it is the importance of knowing your rights when encountered by public officials, and so I thought it would be good to share some of those insights with you:
If a police officer stops you on the street, you do not have to answer any of their questions. You can simply say, "I do not want to talk to you" and walk away calmly" and walk away calmly. Or if you don't feel comfortable doing that, you can ask if you're free to go. If the answer is yes, just walk slowly away (but don't run!). If the officer says that you are not under arrest, but you are free to go, then you are being detained.
Being detained is not the same as being arrested, however an arrest could follow. Detainment means that a police officer can pat down the outside of your clothing if they have "resonable suspicion" that you might be armed or dangers.
However, if there is any more searching going on than this, it is not okay. Simply say "I do not consent to a search," and if they keep going you can and should physically resist them. During detainment or in the event of an arrest, you do not need to answer any questions. The only question that you do need to answer is your name, you can be arrested in some states for refusal to provide your name.
Information provided by the American Civil Liberties Union.