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HomeMy WebLinkAbout11-10-1998 Articles T'! ~ f 1~ T Online aince 1996 THURSDAY November 5, 1998 More effort needed to cure what ails I.C. Erin -Letters to the Editor Crawford -Display and Classified Advertising RECENT Iowa City City Council meetings have found -Subscription ~fo the town residents still waxing philosophical over how -DI Staff best to cope when drunken revelry strikes close to Copyright 1996 home. Student protest has not been aroused as it was The Daily Iowan. Copyright 1996 with the keg ordinance, when the UISG organized Associated Press. petitions and a keg-ordinance supporter was harder to find than a funny Lewinsky joke. Still, debate is heated. Not much will change was the resounding message the Iowa City Police Department attempted to sell, explaining that this ordinance would simply clear up a loophole. "Loophole" or huge policy change, the idea of granting police officers further power to exercise individual discretion seems to scare the hell out of some citizens. Why are more residents than students showing up to debate issues that seem so specific to student life? When only one or two UI students show up at a hearing, a very strong message is being sent to councilors. Further restrictions on parties and noise-making may not be voted legislation of the year, but this ordinance is not a big enough concern for students to take an hour out of one's Tuesday night to discuss. In contrast, some Iowa City residents have adopted the issue like a stray puppy on a stormy evening. A few activists seemed to be the very people the ordinance was trying to protect -- people who live in areas populated with college-age renters who can't sleep some nights because of loud parties repeatedly occurring in the same houses. One man said his children were being kept awake at night, another was almost fearful to report disturbances. 1 of 3 11/5/98 9:28 AM Both were against the ordinance, regardless of the fact that their neighbors may have been smashing glass on the sidewalks and screaming at 4 a.m. I couldn't imagine what had persuaded these people to fear extra law enforcement more strongly than personal injury. When the fourth citizen brought up the name Eric Shaw, I started to get a clue. After a year and a half in Iowa City, I'm just beginning to understand how Shaw's death affected this city. I'm starting to get why citizens bristle at laws that give the police extra individual choice, even if it comes with the promise that this power probably won't be used. It makes sense that people feel the word of the police is not a good enough guarantee that fairness toward students will continue. With the shooting ora fellow citizen still on residents' minds, the recent mistreatment of Faith Walker in a traffic stop became all the more disturbing. The Police Citizens' Review Board's Oct. 16 decision favoring the complainant and calling the treatment of those in the car "vicious" does send the message that such behavior will not be tolerated. Perhaps the simple fact that an officer could still be using "poor procedure" brings back ghosts of what make the words, "poor procedure," seem to be a gross understatement. Many students at the university, including myself, were not around when Shaw was shot and can hardly understand how strong the undercurrents of fear are. Il'anything, we should learn from this most recent incident of mistreatment that problems still exist even alter the concentrated effort by the community to fix things two years ago. The police department here is full of a great many wonderful officers who try very hard to maintain a good relationship with students and treat everyone they work with equally and fairly. Problems that exist should not be blamed strictly on the force. Every time an ordinance is proposed and we choose to mutter disgruntledly about it instead of attending meetings and voicing concerns to others, the blame falls back on the community. Recent attempts by the city to communicate with students have had embarrassingly poor attendance. The review board held a meeting on Oct. 27 to address concerns the community may be having over police behavior. The student body was specifically targeted with a publicity campaign in Cambuses, the dorms, fraternities and sororities, in papers and in the downtown area. 2 of 3 11/5/98 9:28 AM Six students attended the meeting. Last I checked, there were a few thousand students around here, making six a grand percentage total of "not enough." Sandy Bauer, administrative assistant for the review board, was extremely positive about the meeting: "We were disappointed in the number of students who showed up," she said. "We were not disappointed in the forum. Even if one or two people show up and have good things to say, it's worthwhile." The city is making a genuine effort to get the community involved with these laws and regain trust in the police force. Maybe students will continue to ignore these meetings, and time will heal all wounds. But by sitting back and waiting for things to turn out for the better, this community runs the risk of seeing things get worse. Erin Crawford is a DI columnist. Title: More effort needed to cure what ails I.C Page: 10A Date: 11/5/98 Today's Paper: [ Front Metro & Iowa Nation & World Viewpoints S~orts Aris 1 3 of 3 11/5/9!;9:2~AM Prexs Cittzetr, Wednesday, November 4, 1998, front page High court wary about Iowa car searches ByTony Mauro Assistant Iowa Attorney Gannett News Service What's next General Bridget Chambers WASHINGTON -- The · A decision in the argued that searches are needed Supreme Court appeared mluc- case could come any to obtain evidence and accurate rant Tuesday to give police more time before the term ends identifications. But Chief power to search cars during mu- next June or July. Justice William Rehnquist tine traffic stops, objected, saying. "You're not Under past rulings, the court expanded police search powers going to find any additional evi- has said police may search thc in recent years, agreeing with dence of speeding by searching cars of people they are arresting law enforcement officials that the person or his car." fi~r traffic oflbnses, police need to be able to take In the case before the court, an But an Iowa law allows police steps to guarantee their own sal~- officer in Newton, Iowa, stopped to issue tickets or make arrests ty when dealing with the public. Patdck Knowles for speeding in lbr all traffic violations and per- But Tuesday, several justices [996. After checking Knowles' mits car searches even when only appeared to balk at thc Iowa law license and determining that there a ticket is given. The constitu- as a possible violation of the were no outstanding an-est war- tionality of the Iowa law, smiilar Fourffi Amendment prohibition rants for him, the officer issued a to statutes in only tbur other against unreasonable searches, speeding ticket and then asked to states -- Arkansas, Colorado, "h seems an enormous search Knowles' car. The search Florida and Vermont -- was the amount or authority to put in the discovered a small amount of issue betbre the court, hands t, the police;' Justice marijuana. Iowa courls upheld The high court h~ts gc,,erally Ruth ~ader Ginsburg said. the search. Local police back ex st ng law The Press Citizen against unrcasouable search conception that there is no Local police chiefs say the and seizam, choice;' Bedford said, adding ability to search cars during Coralvffie Police Chief that the person always has the traffic stops is necessary to Barry Bedford agrees an offi- option to decline consent to protect officers, cer's ability search. "It's certainly a useful tool to search a Iowa law, though, gives officers can use to sa[eguard vehicle can officers thc right to search themselves at times." said be "a bencli- alter a traffic stop, il' an arrest Iowa City Police Chief R.J. cial tool ~o might have resulted, even ii' Winkelhake. law enforce- they only issue a citation. The U.S. Supreme Courl ment." Police policy has been a on Tuesday heard oral argu- Bul he hot issue locally, with allega- ~nentsin aNewton, lowa, case said pre, ha- lions that Iowa City police on whether such searches bio cause is Bedford make race-based stops and without the belief of a crime or n c c c s s a r y take photos of people so offi- criminal evidence -- violates and a sari:guard against abuse, cers become I'amiliar with the Constitution's protection "Sometimes there is a nils them, 6A The Gazette, Cedar Rapids, Iowat Wed, Nov. 4, 1(398 Court surprised by extent of search authority in Iowa WASHINGTON (AP) -- Su- The Iowa Supreme Court has preme Court justices voiced interpreted that provision to al- Justice Antonin Scalia asked skepticism Tuesday about giving low police to conduct a search Chambers if an officer could police blanket authority to whenever they could have ar- stop someone, arrest and search search people and their cars without consent after ticketing rested someone, even if they him or her, then drop the arrest. them for routine violations, decide instead to issue a cita- Yes, she said. "Wow," Scalia tion. responded. "It does seem an enormous Knowles' appeal to the Su- , Justice Anthony Kennedy not- amount of authority to put into preme Court said Iowa was the ed the Supreme Court's 1973 the hands of the police," Justice only state to authorize a search decision allows police to conduct Ruth Bader Ginsburg said. "We whenever a traffic citation is a "search incident to arrest." do have constitutional checks issued. "You want to turn it around because we're not always sure About 400,000 people are given NATION traffic tickets each year in Iowa, and have an arrest incident to said Knowles' search," Kennedy said, adding, "It that the police will exercise lawyer, Paul seems to me that would he good judgment." Rosenberg. Po- an abuse of authority." "Jif somebody jaywalks, the lice can invoke Chambers said that ff police police could search them?" Jus- their authority did commit abuses, the Iowa tiee John Paul Stevens asked, to conduct Legislature could act to curb the "Correct," said Iowa Assistant searches only authority to search. She also Attorney General Bridget Chain- selectively be- said it was "far from routine" hers. cause if every- for police to search people after An Iowa man's lawyer argued one given a giving them a traffic ticket, part- that his rights were violated by traffic ticket a police search of his ear that were searched, ly because the Iowa policy Was turned up marijuana. "the people wouldn't stand for challenged in court. Patrick Knowles was stopped it," he said. Kennedy asked Rosenberg for speeding on March 6, 1996, Chief Justice William Rehn- whether a police officer could in Newton, Iowa. An ',officer offer a motorist a trade -- sub- gave him a speeding ticket and qulst noted that police officers mit to a search in exchange for then searched Knowles and his already have not being arrested. car's passenger compartment, authority to In Such a case, the consent to Knowles argued that the conduct a a search may not be considered search violated the Constitu- search to pro- valid because it was coerced, tion's Fourth Amendment pro- tect their own Rosenberg said. tection against unreasonable safety. searches. Iowa courts allowed the marijuana to be used as Regarding a need to pre- evidence, and Knowles was con- victed and sentenced to 90 days serve evidence, in jail. Rehnquist add- ed, "When you A ruling is expected by July. have a traffic The justices ruled in 1973 that police can search people upon stop, you're not going to find arrest, citing a need to disarm any more evidence of speeding suspects and preserve evidence, when you search a person's car." Iowa law allows police to ei ther make an arrest or issue a citation for any traffic violation. If they issue a citation, they can make an "otherwise lawful search."