YOUR RIGHTS AND THE BROWN POLICE

This pamphlet answers some common questions about your rights if you encounter the Brown University Police. However, you should keep in mind that these are just general guidelines. The relationship between University regulations and criminal law is a complex one, and individual cases are often handled differently. This guide is by no means authoritative or complete, but is meant to be a helpful guide.

• The jurisdiction of the Brown University Police Department (BUPD) is limited to Brown University property and the immediately adjacent streets and highways. All off-campus areas are under the jurisdiction of the Providence Police. However, if Brown Police must intervene in off-campus areas, they have a limited power to do so.

• Campus Police Officers- Dark blue uniform with red piping, red patch that reads "Police," patrol in marked cars, power of arrest.

• Security Officers- Light blue shirt with light blue piping, blue patch that reads "Security," no arrest power but can detain, respond to all non-criminal complaints.

• Building Guards and Communication Officers- Identical to security officers, specialized areas of patrol.

• All Brown Police and Security Officers have the authority to enforce both criminal and University rules and regulations.

• Refusing to identify yourself to an Officer is a violation of the Tenets of Community Behavoir. If you do not identify yourself, you will be detained until your identity is verified. Non-Brown ID holders are presumed to not be affiliated with the University, and can be arrested for trespassing. This includes guests from off- campus.

• Upon request, the Officer shall identify himself or herself.

• An Officer may only physically search you if there is probable cause that a crime or violation has occurred in plain sight of the officer. A frisk may only occur if there is reasonable suspicion that a weapon is being concealed.

• You may only be detained if an Officer has probable cause to believe that you have committed or are about to commit a crime or violation. You may only be held for two hours unless you are charged. Almost all individuals held are charged and turned over to the Providence Police.

• Officers only enter students' rooms under extreme circumstances.

• Security Officers usually respond to dorm complaints. Officers must announce themselves as Officers. You do not have to answer the door. If you do not, the Dean of Student Life may be notified or a warrant will be obtained to allow the Police to enter.

• If you are not home, the Police will attempt to get another person (preferably a student) to witness the room entry. If no student is available, another Officer will act as a witness. An incident report noting the circumstances will be filed.

• Room searches are only conducted if there is probable cause to think that a crime or violation has been or will be committed on the premises.

• A search following a crime committed in a dorm in plain sight of an Officer can only involve the areas of plain sight. Police Officers may not search any closed areas (such as drawers, closets, or bags) without a search warrant or permission of the student.

• Illegally posessed alcohol, drugs, and fireworks can be confiscated from dorm rooms and destroyed.

• Legal firearms and other weapons not used in the commission of a crime, which are not allowed in dorm rooms under residence hall regulations and the Tenets of Community Behavior, will be confiscated but returned to the student when the student leaves the campus. In the interim they may be stored at the Police and Security Offices at 75 Charlesfield Street.

• Providence Police will investigate any possible felony charge in conjunction with Brown Police.

• If Providence Police issue a warrant for the arrest of a student, the Brown Police will, in most cases, notify the student and escort him or her to meet the Providence Police. BUPD will also contact the student's attorney or the attorney retained by the Undergraduate Council of Students (UCS), who may also represent the student.

• If you are involved in an incident, you have the right to see the report.

• If a person has been charged with a crime (not a University violation), the Police report is sent to the Providence Police. If a person is not charged with a crime or violation, BUPD keeps the report on file for seven years. The Office of Student Life destroys all non- pertinent reports following an incident that results in no charges being filed.

• Only previous convictions of crimes or violations can be used against you in a University Disciplinary Council (UDC) hearing, and then only to guide sentencing, but not to determine innocence or guilt. Reports not resulting in any kind of charges are inadmissible.

• All reports resulting in criminal charges are sent to the Providence Police within twenty four hours.

• If you call Emergency Medical Services (EMS) for an incident that involves the underage consumption of alcohol, illegal drug use, or any other health related incident, you will not be charged. All EMS reports are treated as medical reports, not reports of violations. BUPD does not follow up reports of EMS activity. You may, however, be charged for any incidental damage caused during an incident involving such activities.

Brown ACLU
Box 1930 (SAO Box 89)
Brown University
Providence, RI 02912

Brown University
Police and Security
Box 1842
Brown University
Providence, RI 02912

Administrative Offices:
75 Charlesfield Street
Providence, RI
(401) 863-3103

For Emergencies:
(401) 863-3322

Brown ACLU, April 1994