In preparation for this spring, The Post spoke to local officials to break down what a student’s rights are under the law and what actions may get an individual arrested.
When Ohio University students are approached by a police officer during fest season, many think their options are limited.
However, depending on their location, students may have more legal flexibility than they think.
In preparation for this spring, The Post spoke to local officials to break down what a student’s rights are under the law and what actions may get an individual arrested.
Rights in public
Officers from the Ohio University Police Department or Athens Police Department are allowed to ask individuals carrying alcohol in public to identify themselves.
Asking an underage person their age, however, may cross the line into self-incrimination, Athens City Councilman Pat McGee, I-At Large, said.
“With fest season coming up, an important distinction has to be drawn between the rights students have at the street fests, where ‘Terry stop’ applies, and Number Fest,” McGee, who also works for OU's Student Legal Services, said.
A “Terry stop,” named after the U.S. Supreme Court case Terry v. Ohio, is a brief detention by an officer. The Supreme Court ruled that an officer has to have reasonable suspicion a person has committed a crime or will commit a crime during the stop. That person may be asked to identify themselves, McGee said.
Officers must tell an individual why they were stopped, but the law may limit the extent of the identification the person is required to disclose to a name and address, he said.
“You can politely tell them your name and address and say that you don't want to answer any additional questions without your attorney present," McGee said.
In some situations, including if a person has committed or will commit a crime, failure to disclose a name, address and age in a public place is a violation of the Ohio Revised Code and can lead to an arrest, OUPD Lt. Tim Ryan said.
"In my opinion, it is easier and quicker for both the person and the officer if this information is presented in the form of a government issued identification card, but there is no requirement for it," Ryan said in an email.
Officers are free to interact normally with the public, so even if police are not detaining someone, they may come up to a person and strike up a conversation, he said.
A police stop may be different when it comes to drugs, such as when an officer suspects the use of marijuana, McGee said.
An officer has probable cause to search an individual and could get a warrant to do so if, for example, they smell marijuana. However, the use and possession of small amounts of marijuana are minor misdemeanors, so an officer cannot arrest the person, McGee said.
When it comes to fests, though, students usually get in the most trouble when running from police, he said.
Rights at a private venue
While an individual is not required to hand over identification when a police officer approaches them on the street, refusing to do so at a private venue — such as Number Fest — may get them kicked out, McGee said.
“At a bar or venue that is selling alcohol, the rules are a bit different,” McGee said. “A cop does have the right to come up to you and question you, and if you don’t show them your ID, you can be asked to leave. You cannot be arrested, searched and fined.”
Someone who is underage and voluntarily hands over a driver’s license or tells the officer his or her age, however, can be arrested, McGee said.
“It would be ridiculous to be kicked out of 14Fest for not having or showing your ID,” Jackie Andrascik, a freshman studying marketing and business analytics, said. “If you pay for the tickets, you should be able to stay there.”
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Rights in university housing
Students have the most legal flexibility when an officer comes to a dorm room, McGee said.
“Your home is your castle,” he said. “The home has the most constitutional protection, so only an officer with consent or a warrant can search your room.”
@KyraCobbie
kc036114@ohio.edu
