Tuesday, February 26, 2008

Civil Liberties Panel



Today, we enjoyed the insights of an all-star panel of experts as we discussed civil liberties with all our classes. Our panel was chaired by Judge Robert Rufo of the Barnstable County Superior Court. Judge Rufo was flanked by Attorney William Robinson, head of the Public Defenders Office for the Cape and Islands, and Officer Jeff Davis of the Harwich Police Department and our Harwich High School Resource Officer. The students and panel considered hypothetical situations in which young people encounter the police - on the road and at home. At each point in the scenarios, the students posed questions about specific actions, Officer Davis and Attorney Robinson offered their perspectives, and Judge Rufo ultimately explained how the point would be decided. Many of the discussions had the feel of pre-trial hearings on motions to suppress evidence. Ultimately, we detailed possible charges and what conditions might lead to these being dismissed.

Officer Davis and Attorney Robinson agreed surprisingly often, and Judge Rufo did an excellent job synthesizing the core issues for the students. They all emphasized the importance of cooperation with the police. Even if they are searching or arresting you in a way that you think is unfair, it never helps to try to resist or argue. You can make it clear that you are not consenting, but beyond that you should be attentive and wait until after the incident to document the potential violation and then consult with your parents and you attorney. And officers don't just make stuff up, they have to stand behind their written reports under penalty of criminal punishment, but the evidence they find is sometimes thrown out under the exclusionary rule.

I want to commend the students for their attentiveness and participation, and especially their thoughtful and insightful questions on each point. And, of course, I want to thank Judge Rufo, Attorney Robinson, and Officer Davis for donating their time so generously. This was a great catalyst for deepening our understanding of civil liberties and the Fourth Amendment - one we will be following up on tomorrow and frequently. Let's hope we can make this an annual event!

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