Knowing your legal rights is fundamental for college students who are prone to trouble. Most college students do not realize that there are forms or documents they should have filled out. They also think that some of the things they do are legal when, in fact, they aren't. You may think you know your general rights, but you would be surprised at the things you don't know.
After talking to some friends, here are a couple things college students may want to know.
Police cannot search through your cell phone without a search warrant. A recent Supreme Court decision found that, without exigent circumstances, even if a person is under arrest the police cannot search that person's cell phone. However, they can search your bag or purse.
Campus police are the same as off campus police or any regular police officer. People, for some reason, seem to think campus police are just security. In reality, at most schools, they are actually full blown cops that can and will arrest you.
If you get pulled over for suspicion of drinking and driving you are not under arrest, therefore, you do not have the right to an attorney. You can refuse the roadside field sobriety test but not the blood, urine or breathalyzer without getting charged with refusal, which in most states leads to an automatic license suspension.
There may be limits to your exercise of free speech. If you are planning a protest or some form of civil disobedience and you go to a private school, you may have much less freedom with regard to how the school treats you in your exercise of free speech.
Drinking on private property. Even if you are drinking on private property, if you are outside and a police officer sees you, he can ticket or arrest you if you are underage. This can happen, for example, on a deck or lawn.
Durable power of attorney form. A durable power of attorney form authorizes your parents or whomever you designate to manage your financial affairs immediately or in the future, should you become mentally or physically unable to do so. Without it, since college students are 18 years old and recognized as adults, your parents will be unable to handle your financials if need be.
Medical power of attorney. A medical power of attorney form authorizes someone to make medical decisions for you should you become incapacitated and unable to do so. Without this, they cannot make medical decisions on your behalf.
HIPAA release form. Without an HIPAA release form, your parents may be prevented from accessing your medical information without an authorization. By signing a HIPPA release you can authorize doctors to share diagnoses and treatment options with your parents or whomever else you designate.
