As the summer draws to its end, the number of arrests this summer have raised questions of students' rights regarding breathalizer tests and arrests for unlawful possession of alcohol.
This summer four sophomores have been arrested and 14 students taken into protective custody.
In addition the arrests of three underaged, non-Dartmouth students for unlawful possession in the early morning hours of July 21 lead to the investigation of Sigma Delta sorority and Sigma Alpha Epsilon fraternity. The police said "several" other houses were under investigation for similar reasons as Sigma Delt and SAE.
While New Hampshire law does not specifically say that people can be arrested for unlawful possession because they have alcohol in their system, Hanover Police Seargent Chris O'Connor said that Hanover District Court judges accept the argument of possession by consumption. He added that many judges do not accept that line of argument.
He said the police have to be able to prove that, for example, a Dartmouth student consumed alcohol &emdash; through breathalizer tests or observing behavioral patterns &emdash; that he or she is under the age of 21 and that the alcohol was consumed in Hanover.
Hanover Police Chief Nick Giaccone said that if students do not take the breathalizer test the police can present "circumstantial evidence" such as the testimony of others, though it is more difficult.
Math Lecturer John Finn, who has cruisaded regarding citizens' rights in questioning and giving breathalizer tests, said the police take advantage of Dartmouth student's not knowing their rights.
Finn, who has been at Dartmouth for 30 years, said that everyone has the right not to take a breathalizer test which would determine if someone has been drinking. He said students are usually "too embarassed" and want to "get it over with" so accept the town's alcohol diversion program and pay the $150 fine.
He said students are intimidated by the police officers who are wearing guns when they ask if the person under suspicion if they would take a breath test for alcohol.
Finn added that students, if approached by the police, do not have to answer questions regarding if they have been drinking.
Dan Palumbo '96, who was arrested on July 25, said the police woke him up after responding to a call that his dog Rosie, would not stop barking and would not allow his friend back into her room where he was sleeping.
He said last night that when the police woke him up and asked if he had been drinking, he said he did.
He said they did not explain his rights to him regarding the breathalizer test he took at the police station after they arrested him.
Summer Coed Fraternity Sorority President Matt McGill '96, who is dealing with the Giaccone, said that the police are "walking a fine line" and are not informing students of their rights not to take the breathalizer test.
"They are taking advantage of students' ignorance," he said. "The prey on the fact that we do not have access to the resoucrecs &emdash; like parents, lawyers or the town manager."
Finn said he has encouraged students to challenge the Hanover judge's decision to allow conviction of unlawful possession through consumption.
Finn called judge's and the police's thinking "strickly unconstitutional."
