Were my rights violated by the University of Notre Dame Security Police?

You were on private property. The campus is considered private property and most likely has rules concerning searches. You need to check up on that.

As for your questions.

1. Even though you were on private property you do not lose your 5th amendment rights against incriminating yourself. Do not sign anything!!!! Do not give any statements!!! You now have to invoke your right to remain silent. You must tell them you intend to remain silent. After you do, shut up and say nothing other than I want a lawyer.

2. If they told you you were not under arrest then you should have said nothing and walked away. End of story. If when you walked away they told you to stop you were not free to go then you are being detained. Then you ask for the reason for the detention. They must tell you the reason you are being detained. Then you tell them you wish to remain silent and that you want a lawyer then say NOTHING more.

The police can detain you. That means they stop you to talk to you but and this is a big but they must be able to articulate the reason to detain you. In other words they must be able to put into words facts for the reason your are being detained.

The police can arrest you. If they tell you you are under arrest again invoke your right to remain silent and ask for a lawyer and shut up. If a officer touches you, cuffs you, puts you in a confined space I.E. in a car, in a room you are under arrest.

It is posted on many forums that when dealing with the police to ask "Am I being detained?". While that is a good question it leaves to many outs for a police officer. It is a to open ended question. It is better to ask the question "Why am I being detained?". Wording the question that way puts the officer on the spot to articulate a factual reason to detain you. It also informs the officer that you know your rights and that they need to tread lightly. Asking the question that way the officer must tell you the factual reason he is detaining you. If the officer says that he is not detaining you walk away, period.

Either way if a police officer asks you to identify yourself do so. You have to ID yourself if asked. And no you do not have to show ID on the street on private property it may be different.. All you are required to do is provide name, address that is it. But then again state and local laws vary so investigate them.

Now if you are in a car that is a whole different matter and different rules apply.

Keep in mind the police are not your friend. They are not there to just chat with you. They do not care about you for the most part. They are there doing what they were hired to do. That is to investigate if a crime has been committed or is about to be committed in other words enforce the laws of the land. They are looking for a reason to arrest you for a crime.

 

NDSP are dicks. But they're better than Roseland cops. (Live half a mile from campus)

 

Campus laws are inherently designed to anally penetrate students who are caught doing anything they don't permit. Your rights were not violated because you waive those rights for a chance to attend the university.

 

Tricked into signing a statement = yes. Rights violated = no.

 

Let me stop you right there, Why were you outside smoking out of a bong in the first place?

Why did you confess already?

I haven't seen anything to say you have.

Sorry, but more fishy than smoking a bong in the public?

I would check with local statutes, but I'm sure you could have asked them what law that is and then say you want to invoke your 5th amendment right to stay silent. Sure they might have just gone and locked you in a jail cell for the night or w/e (at worst so far) but the burden of proof lies with them to incriminate you.

It does seem weird, but they may have a policy that if they catch anyone under -any- influence of drugs and alcohol to escort who ever it is back to their dorm or living place. Where I am, if the University police catch people in the public being disorderly and drunk they will put them in a rehab place, which costs much $.

I hoped that helped a little, but remember I'm no lawyer/ attorney/ or legal adviser.

 

I hate a corrupt pig as much as the next guy, but it seems like you guys got off pretty easily. I wouldn't go stirring shit up after a close call like that. If they do try to pursue the matter further and get you into some real trouble, I'd go get a legitimate legal consult (from a lawyer, not random people on the internet (no offense guys)).

 

mind fucked

 

did you just smoke some crystal meth?

 

Hmmm... Lovely.

 

Lmao. That was a good read.

 

Perfect answer... nothing more really needs to be said.

That is not true.

 

i live like 5 min from Roseland.those cops will fuck u over big time

 

You were smoking a bong in plain view outside? Smart!

 

You should have tried to steal his gun...