On October 23rd, 2014, we updated our
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YOU HAVE THE RIGHT TO• SPEAK IN A PUBLIC FORUM IN A PUBLIC SPACE• GATHER PEACEFULLY IN A GROUP IN PUBLICUNLESS RESTRICTED BY STATE LAW,CITY ORDINANCE, UNIVERSITY POLICY…WHICHCONFORMS TO FED & STATE CONSTITUTIONS
IU POLICY:• STUDENTS MAY ENGAGE IN PEACEFUL AND ORDERLY PROTESTS, DEMONSTRATIONS, AND PICKETING THAT DO NOT DISRUPT FUNCTIONS OF THE UNIVERSITY, SUBJECT TO APPROPRIATE REGULATION CONCERNING TIME, PLACE AND MANNER.• IU CODE, (I)(E)
STUDENTS CAN BE DISCIPLINED FOR• DISORDERLY CONDUCT, INCLUDING OBSTRUCTIVE AND DISRUPTIVE BEHAVIOR THAT INTERFERES WITH TEACHING….• FAILURE TO COMPLY WITH THE DIRECTIONS OF AUTHORIZED IU OFFICIALS …INCLUDING FAILURE TO VACATE A UNIVERSITY FACILITY WHEN DIRECTED TO DO SO.
• UNAUTHORIZED ENTRY, USE, OCCUPATION… OF AN IU FACILITY.• AIDING, ENCOURAGING, PARTICIPATING IN A RIOT.• INTENTIONALLY OBSTRUCTING OR BLOCKING ACCESS TO UNIVERSITY FACILITIES, PROPERTY, OR PROGRAMS.IU CODE, (II)(H)
WHEN A LEO STOPS YOU….IT COULD BE….1. A CONSENSUAL ENCOUNTER2. A TERRY STOP OR BRIEF DETENTION3. AN ARREST
CONSENSUAL ENCOUNTERS• LEO CAN STOP YOU AND ASK TO CHAT• YOU CAN DECLINE TO CHAT AND GO ABOUT YOUR WAY• YOU DO NOT HAVE TO PRODUCE ID *CAVEAT FOR STUDENTS…IU CODE(II)(H)(8)+• IN DOUBT….ASK “AM I FREE TO LEAVE”• THEN LEAVE
TEMPORARY DETENTION• REQUIRES REASONABLE SUSPICION OF CRIMINAL ACTIVITY OR ORDINANCE VIOLATION.• YOU MAY BE PATTED DOWN FOR WEAPONS.• CLARIFY: I DO NOT CONSENT TO A SEARCH.• ASK IF YOU ARE BEING ARRESTED AND, IF NOT, WHEN YOU ARE FREE TO LEAVE.
TEMPORARY DETENTIONS, CONT’D• YOU MUST PROVIDE IDENTIFICATION IF ASKED. FAILURE TO DO SO IS A CLASS C MISD.• YOU DO NOT HAVE TO ANSWER Q’S OTHER THAN TO ID YOURSELF.• ID INCLUDES: – PHOTO ID OR – NAME, ADDRESS AND DOB
ARRESTS• THE LEO HAS PROBABLE CAUSE TO BELIEVE A CRIME HAS OCCURRED OR HAS A WARRANT.• BE CLEAR…”AM I UNDER ARREST?”• YOU MUST PROVIDE ID IF ASKED.• YOU HAVE THE RIGHT TO REMAIN SILENT…EXERCISE IT!• IF Q’D, CLEARLY EXERCISE YOUR RIGHT TO COUNSEL..AND THEN REMAIN SILENT.
DURING A FORCIBLE ARREST• WRITE DOWN THE OFFICER’S BADGE NUMBER, NAME OR OTHER IDENTIFYING INFORMATION.• YOU HAVE THE RIGHT TO ASK FOR THIS INFO.• IDENTIFY WITNESSES.• PHOTOGRAPH ANY INJURIES ASAP.• ASK FOR MEDICAL ATTN AT THE JAIL.
BOOK-IN• ASK WHY YOU ARE BEING ARRESTED.• ASK WHAT THE BOND IS.• YOU HAVE THE RIGHT TO ONE TELEPHONE CALL….DON’T ASSUME IT IS PRIVATE. LET SOMEONE KNOW WHERE YOU ARE.• ADVISE JAIL STAFF OF MEDICAL ISSUES.• ADVISE JAIL STAFF OF SAFETY ISSUES.
AT THE JAIL• YOU DO NOT HAVE TO CONSENT TO Q’ING.• CONTINUE TO EXERCISE YOUR RIGHT TO REMAIN SILENT AND TO HAVE COUNSEL.• YOUR JAIL CALLS WILL BE RECORDED.• YOU SHOULD EXPECT TO BE TAKEN BEFORE A JUDGE W/IN 48 HOURS IF NOT RELEASED.
IN ADDITION TO IU CODE VIOLATIONS…• IC 35-45-1-2 Rioting Sec. 2. A person who, being a member of an unlawful assembly, recklessly, knowingly, or intentionally engages in tumultuous conduct commits rioting, a Class A misdemeanor. However, the offense is a Class D felony if it is committed while armed with a deadly weapon.•
• IC 35-45-1-3 Disorderly conduct Sec. 3. (a) A person who recklessly, knowingly, or intentionally: (1) engages in fighting or in tumultuous conduct; (2) makes unreasonable noise and continues to do so after being asked to stop; or (3) disrupts a lawful assembly of persons; commits disorderly conduct, a Class B misdemeanor.
• If speech giving rise to disorderly conduct arrest is political, State must demonstrate that it has not materially burdened the opportunity to engage in political expression. Such expression is not materially burdened if State produces evidence that speech inflicted particularized harm on readily identifiable private interests. Evidence of annoyance or inconvenience is insufficient.
• IC 35-44-3-3 Resisting law enforcement; mandatory sentence Sec. 3. (a) A person who knowingly or intentionally: (1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officers duties;• (2) forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or• (3) flees from a law enforcement officer after the officer has… identified himself or herself ….and ordered the person to stop; commits resisting law enforcement, a Class A misdemeanor, except as provided in subsection (b).
What is “resisting”?• Failure to stand up• Failure to present hands for cuffing• Stiffening arms to prevent cuffing• Pulling hand away from LEO• Pulling away from LEO who is pulling D up• Struggling with LEO• Wrestling• Forcibly resisting LEO
• IC 35-43-1-2 Criminal mischief; penalties• Sec. 2. (a) A person who: (1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other persons consent; or * * * commits criminal mischief, a Class B misdemeanor. However, the offenseis: (A) a Class A misdemeanor if: (i) the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500); (ii) the property damaged was a moving motor vehicle;
• (b) A person who recklessly, knowingly, or intentionally damages: (1) a structure used for religious worship; (2) a school or community center; (3) the grounds: (A) adjacent to; and (B) owned or rented in common with; a structure or facility identified in subdivision (1) or (2); or (4) personal property contained in a structure or located at a facility identified in subdivision (1) or (2); without the consent of the owner, possessor, or occupant of the property that is damaged, commits institutional criminal mischief, a Class A misdemeanor. However, the offense is a Class D felony if the pecuniary loss is at least two hundred fifty dollars ($250) but less than two thousand five hundred dollars ($2,500), and a Class C felony if the pecuniary loss is at least two thousand five hundred dollars ($2,500).
• (c) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the persons operators license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.
• IC 35-43-2-2 Criminal trespass; denial of entry; permission to enter; exceptions Sec. 2. (a) A person who: (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that persons agent; (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that persons agent;•• (4) knowingly or intentionally interferes with the possession or use of the property of another person without the persons consent; commits criminal trespass, a Class A misdemeanor.• However, the offense is a Class D felony if it is committed on a scientific research facility, on a key facility, on a facility belonging to a public utility (as defined in IC 32-24-1-5.9(a)), on school property, or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.
• (b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of: (1) personal communication, oral or written; (2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public; or (3) a hearing authority or court order