Letter to the editor: Ames officers have lost their focus of protection and service
January 30, 2012
There is no beating around the bush.
Iowa State University, like many other universities, has a
Campustown area frequented by students on evenings and weekends to
partake in drinking activities. This comes as no surprise to anyone
familiar with Ames, and more particularly the Welch Avenue
district.
Anyone who reads the police blotter
on a regular basis knows that public intoxication and operating
while intoxicated charges are among the two most issued citations
by police in Ames. I argue that many officers in Ames have become
caught up in confronting the drinking in Campustown that officers
have shunned their primary reason for being employed: to protect
and serve.
The ISU Department of Public Safety
website clearly shows the promoting of a violence-free campus and
ensuring the safety of Iowa State students. This is their is
primary role. It is my belief that a majority of our campus police
force either is not aware of this policy, chooses to no longer
abide by their own policies or simply twists the protecting of
students to their convenience.
Officers go out and shoot fish in a
barrel on the weekends.
They have a selection from any
number of people walking along the sidewalk to choose from who
would arguably be displaying signs of intoxication. Legally,
walking home intoxicated in Ames has become no less risky than
driving. It simply carries a lesser penalty. Additionally, because
of how Iowa’s public intoxication law is worded, a public
intoxication arrest results in a harder time getting out of the
charges, because it is a discretion-based charge. Trials of public
intoxication end up being trials of credibility, or their word
versus ours.
So by what standards do police
officers decide to make an arrest?
A DPS officer will tell you visible
signs of impairment beyond what their discretion tells them is
safe. I would argue that whether or not you are released after you
have been stopped depends on whether or not you have been ‘good’
for the officer.
Police officers generally do not
like it when you exercise your rights. Which rights? The right not
to submit to a chemical test, the right not to be searched without
a warrant, the right not to answer any of the police officer’s
questions. That’s right. These are your RIGHTS as an American
citizens, and it cannot be held against you in court.
Unfortunately, however, it is often
used against you in the field. An example of this comes from my
experience. An officer asked me to consent to a preliminary breath
test, which I refused. The officer’s response was, “Then I have no
choice but to arrest you for public intoxication.” After three
months in court and thousands of dollars I was found ‘Not
guilty.’
It’s unfortunate how many resources
are required to defend yourself against the state. Especially when
students cannot even get representation from Student Legal Services
in cases against ISU DPS due to a conflict of interest. Therefore a
student is left with three options: take your luck with court
appointed council, privately retain a lawyer or defend yourself Pro
Se.
The first option usually results in
a plea agreement. The second will run you from $150-$250/hour. The
third is discouraged by just about everybody (that’s why there’s
the Fifth Amendment after all).
This is an issue that requires
attention. Many arrests made are not, in fact, arrests in the
interest of safety, but arrests for the sake of making arrests.
When and why did it become okay for an organization that was put in
place to help students use their powers against students? And don’t
even get me started on the parking division…