Kacavas has visited campus several times before, including once after this year's Winter Carnival. That session was intended to give students advice on any encounters with police over that weekend. Neil Kandler '09, who organized the seminar, said that the Assembly thought that approach was too reactive.
"We figured we'd try something proactive," he said. "We're trying to help students' legal rights."
Kacavas, who has served both as a prosecutor and criminal defense lawyer in his 17 years in the legal field, said that students often fail to take full advantage of protections afforded by the law.
"Most people do not understand their rights," he said. "While police have a right to ask you questions, you have a constitutional right to ignore those questions."
In discussing the police's ability to detain individuals, Kacavas outlined the difference between probable cause, a level of suspicion where the officer expects to find evidence of guilt, and reasonable suspicion.
Police have the right to detain a person to confirm or dispel an officer's reasonable suspicion that the person has or will commit a crime. They cannot search a car or backpack, however, without probably cause. Refusal to respond to questions can raise an officer's reasonable suspicion to the level of probably cause.
"You don't have to respond to anything, ever," he said. "But I'm not here to tell you guys never to talk to the police."
Kacavas, a partner at Kacavas, Ramsdell & Howard, also stressed the importance of Miranda rights -- a list often identified on TV police shows, beginning with the right to remain silent. A suspect must waive those rights if any remarks said during custody and interrogation are to be admissible as evidence. In New Hampshire, the prosecution must prove that any wavier of Miranda rights was knowing, voluntary and intelligent for evidence to be admissible in court.
In discussing alcohol-related arrests by the police, Kacavas pointed out that some measures of blood alcohol content are less accurate than others.
"If an officer brings out a small machine, don't blow in it," he said, adding that handheld breath-testers are prone to overstate a person's blood alcohol level. He suggested instead that students wait to give a sample to a more accurate and sophisticated machine at the police station.
Kacavas also warned students that it can be difficult to defend one's rights when intoxicated.
"Remember, it does not take a lot to impair your judgment," he said.
Despite students' many questions about alcohol-related arrests, Kacavas had a wider perspective on the seminar.
"What I want is for you to walk out of here with a certain level of awareness of your constitutional rights," he said.
Alex Spinoso '08 asked Kacavas about when he could legally flee from police, if the police were not directly questioning him.
"It's good to know that I could run and not worry about getting in trouble," he said.
