Dealing with the deputies
Breath tests
A Preliminary Breath Test, PBT, is blowing into a Breathalyzer.
daniel clark /Nevada Sagebrush An officer administers a breath test to a student in Mackay Stadium during a football game.
“There will never be random PBTs,” Gene Drakulich, a civil rights attorney who works with university students said. “The officer will have to have probable cause before administering the PBT.”
Probable cause is defined as reasonable belief that a person has committed a crime. If an officer sees a student who is visibly drunk, they have probable cause to administer a PBT.
- If the officer has probable cause, you can’t refuse to blow into the tube. If you do refuse, the officer can take you into custody and force you to have blood taken, Drakulich said.
Party privileges
SCENARIO: Cops show up to a party — and you’re there, underage and nervous. Everybody is telling you to keep quiet. You ditch your drink. The owner or renter of the house goes to the front door, swings it open and two possible situations unfold.
When the cops show up to a house they have a reason to be there, whether they received a complaint or witnessed an illegal activity taking place, said Todd Renwick, commander of University of Nevada, Reno Police Services.
Officers witness illegal activity
Officers can/should:
- Investigate anyone who might be involved.
“The cops can walk into the house because there is a crime being committed in their presence,” Drakulich said.
Students can/should:
- Cooperate with officers.
Officers respond to a complaint
Officers can/should:
- Knock on the door.
- If someone answers, state why they are at the house.
- Tell the owner/renter to tone down the party.
If the owner opens the door and the officers see underage drinking or drugs in the house, they have probable cause and can enter the house and start the investigative process, Renwick said.
After the officers have had a conversation with the homeowner or finished the investigation the situation is over.
Students can/should:
- “A student has the right to not answer the door,” Drakulich said.
- Open the door just enough to talk to the officer.
Getting Pulled Over
A student is placed under arrest and led away during a football game.
SCENARIO: You are cruising down the street, rocking out to some music and talking to friends when you hear sirens and see lights in your rearview mirror. Most people are nervous in this situation, but there are things that can be done to decrease the tension.
Officers can/should:
- Run your plates once they have pulled you over.
- Explain why you have been pulled over.
- Ask for your driver’s license, proof of insurance and registration.
If for some reason the officer suspects that the driver of the vehicle has been drinking, he or she will have to have probable cause, such as the smell of alcohol on the driver’s breath, before starting the field sobriety test, Renwick said.
Students can/should:
- Be patient and let the officer do his or her job.
- It’s OK to have dialogue with an officer.
- You can refuse a car search if there is no probable cause.
Greek Life Guidelines
There are some limitations on the rights of fraternities and sororities, said Cairn A. Lindloff, leadership and greek life coordinator.
- There can’t be alcohol at university-related social functions.
- Members of legal age are allowed to have alcohol in the fraternities and sororities.
- Fraternities and sororities can be put on probation for throwing a party with underage drinking.
Residential Hall Rules
- If everybody in the room is 21 or older and the door and windows are closed, alcohol is allowed.
- Residence staff will never do random PBTs.However, they may stop a student for their safety.
- Paramedics and cops will show up on the scene.
- If your health is a huge concern, you will be sent to the hospital.
- If you are in decent condition but may need supervision, you will be taken into police custody and watched.
- If you are underage and under the influence, you will receive a citation.
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