Underage Miami University students who choose to drink uptown or off campus in Oxford take the risk of being cited by police, but many students would not know what to expect if they were approached by an officer.
According to Sgt. Jim Squance, the Oxford Police Department (OPD) has given its officers two ways to deal with underage arrests and citations.
The first is to cite an underage offender in the field and release the individual. The second is to arrest the underage individual and cite him or her at the police station.
According to Sgt. John Jones, the officer responding to the incident determines the method that should be used.
"It's really up to the officer," Jones said.
Jones added that the demeanor of the violator is the first factor considered in this decision.
If an underage individual cannot be identified, is too intoxicated to care for him or herself or is aggressive or needs to be interviewed in connection with other crimes, officers often opt to bring the individual to the station.
"(Officers do this) not only for the officer's safety, but for (the student's) safety as well," Jones said.
Squance agreed with Jones' assessment.
"If someone's drunk, we're not going to cite them and release them," Squance said. "Our main concern is their safety."
Miami University sophomore Richard Lobas was arrested Sept. 19 for an underage alcohol violation during a private party at Top Deck.
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"I would think the police would target someone causing a distraction or getting violent, but I wasn't," Lobas said.
Lobas said officers handcuffed him and took him to the police station, where he was searched and cited in the police station lobby.
"I felt that was totally unnecessary," Lobas said.
Lobas said he thought the situation could have been handled differently if the officer had taken him outside to discuss the issue and cite him there instead of handcuffing him and escorting him to OPD in front of his friends and their parents. He also said he didn't expect police to approach him because he said he was not causing a problem.
While Jones said most students are usually cooperative in underage violations, officers may also bring offenders to the station if they are on foot patrol because it is a more effective method, as in Lobas's case.
"It's more convenient to bring them back to the station to fill out citations," Jones said.
According to Jones, violators who are taken to the station can be taken to the booking room or handled in the lobby if an officer is not experiencing resistance.
Jones said an officer could also determine whether or not a violator should be handcuffed and taken to the police station.
"Just because someone's not handcuffed doesn't mean they're not under arrest," Jones said.
According to Jones, if a violator is being placed in a car, he or she has to be patted down and handcuffed.
Officers are simply doing their job to enforce alcohol laws, Squance said, adding that punishments are up to the courts andthe university.
"It's our job to make sure they're cited and getting to a safe environment," Squance said.
According to Jones, students should be cooperative with officers and choose to debate the charge in court at a later date to avoidfurther issues.
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