What to do if you are arrested

By Mike Jackson

People are arrested every day and those without proper knowledge of their rights can make a bad situation even worse.

The NIU Students’ Legal Counsel is distributing “If Arrested…” cards to students to inform them about making better decisions if they come in contact with the police.

“Legal information is the best way to help students not produce additional difficulties,” said Donald Henderson Jr., director of the Students’ Legal Assistance Office. “On a practical level, when [an arrest] happens, we don’t want them to act irrational because they’re misinformed.”

The cards are being produced with a special allocation from the Student Association, which also funds the Students’ Legal Assistance Office. The cards can be picked up at approved SA organizations and offices throughout campus. The card’s main purpose is to address the fourth, fifth and sixth amendments, which deal with legal actions.

“Rights can become complicated,” Henderson said. “We are trying to simplify them for students to keep them from incriminating themselves.”

The fourth amendment protects against unwarranted searches and seizures. The card advises that you do not have to consent to police entering your house, but if consent is given, all evidence can be used against you. Also, you should never physically resist a search, even if it may be illegal. People should know that their rights may differ depending on if it is their automobile or home being searched.

“Automobile is different than your home because of the mobility of the circumstance,” said Lt. Matthew Kiederlen, who is in charge of operations for the University Police. “An automobile requires less probable cause than that required for a home.”

The fifth amendment protects against self-incrimination. The card states “You have the right not to incriminate yourself. This right extends to all encounters with police, before and after an arrest.”

The sixth amendment protects your right to have counsel and to confront your accuser. The card adds that you cannot be compelled to be subjected to a polygraph test.

If students use these cards and are informed of their rights, everything in the legal process should run smoother.

“We want to preserve their rights while letting the police do their jobs,” Henderson said. Star Poll