Ostler, who has represented Dartmouth students and Greek organizations for alcohol offenses since 1994, said that he aimed to erase the misconception that students must answer all questions posed by police, during the talk in Fahey-McLane residence cluster.
"Often times, the inference the student is given is that they don't have any choice but to speak to the police, and then they do [speak,]" Ostler siad. "But that's not supported by the law, because it's their individual decision whether or not to speak to the police."
As an example of students' misconceptions, the recent charges against several Greek organizations for serving alcohol to minors resulted from students who were arrested for underage drinking telling the police where they received alcohol, he said.
"You are under no compulsion to answer any questions about how much you drank, where you drank or where you got the alcohol from," he said.
Ostler said it is best to decide whether to offer a statement to the police once a student understands the consequences of doing so, perhaps after consulting an attorney. Stressful situations such as when the police approach a student on the street are not the ideal times to speak to the police, he said.
The only time a student would be forced to answer such questions would be if the police issued a subpoena. Even in this case, a student could plead the Fifth Amendment, citing fear of self-incrimination, Ostler said.
Ostler clarified that discouraging other students from talking to the police when an investigation is underway constitutes an obstruction of justice.
Ostler further explained how the police are allowed to deal with intoxicated students.
To make an arrest, an officer must find either a minor in possession of alcohol or an underage person who is intoxicated. In the latter case, the police must determine "probable cause," meaning signs of intoxication such as blood alcohol content, which can be determined by a breathalyzer.
Ostler said that students can refuse to take a breathalyzer test when approached by police on the street. The only way for the police to demand a breathalyzer test from students as long as they are not driving a vehicle is if the officers have a search warrant for a person's blood.
Ostler also spoke about the relationship between the Good Samaritan policy and police action.
Although the Good Sam policy has been an attempt by the College to address alcohol issues, the police have no obligation to cooperate with the policy, Ostler said.
"The police have never recognized the Good Sam policy as anything more than a factor they can consider in prosecuting," he said in an interview. "They take the Good Sam policy into account when deciding whether or not they're going to prosecute. It's never been something that's kept them from prosecuting."
Ostler also addressed the legal limits of police intervention at Greek organizations' physical plants.
"The Fourth Amendment and the law is very protective of residences," he said, explaining that the police must either have consent to enter the premises or have a search warrant.
If the police undertake a criminal investigation of a fraternity, the Fifth Amendment right to remain silent applies to all members of the organization.
"If a fraternity is being investigated, every member of that fraternity has a right not to answer questions that might tend to implicate the fraternity," Ostler said.
The extension of the Fifth Amendment to all fraternity members means they may encourage one another to avoid speaking with police a contrast to individual students' alcohol-related cases, in which such an action would be considered obstruction of justice.
In response to a student's question, Ostler warned members of Greek organizations not to move an intoxicated student subject to a Good Sam call away from their physical plants, because this may be considered an obstruction of justice.
"As soon as you know or have reason to believe an investigation is underway, you can't tamper with evidence," he said. "You are never under the obligation to consent [to an officer's entry into the premises,] but that doesn't mean you can destroy or change evidence."
Despite the legal protections offered to fraternities, medical emergencies tend to give the police substantial latitude. For example, the police may follow an ambulance to a Greek house and can also accompany the emergency medical team inside, where they would only be permitted to take actions based on the medical emergency.
Inter-Fraternity Council President Tyler Brace '11 noted the timeliness of the discussion and suggested that Ostler was the ideal attorney to lead it.
"I think going into Homecoming, it's especially important that students know what their rights are, going into such a big weekend," Brace said in an interview . "[Ostler] is a very respectable attorney who understands Hanover, understands Dartmouth."
Some students responded with optimism to Ostler's talk.
"It's a voice the campus has been needing for some time," Charles Buker '11, an IFC executive and member of Sigma Alpha Epsilon fraternity, said in an interview. "It's a message that everyone on campus should be aware of that includes the fraternities but is not limited to them."
