Police cite 5 during protest


Friday, Feb. 13, 1998	Police cite 5 during protest By EMILY REHRING Collegian Staff Writer On State College Police Department territory yesterday, Professor Emeritus Julian Heicklen was out to see some police action.
About 200 to 250 people gathered yesterday to witness Professor Emeritus Julian Heicklen smoke a "joint" in protest of the infringement of the government on personal freedom. He has smoked cigarettes, which he claims is marijuana, four times in the past five weeks and not been arrested. Yesterday he crossed College Avenue into the jurisdiction of the State College Police Department to smoke. (Collegian Photo/Thomas D. Hood - click for full size image)	Five people, including three University students who were smoking with Heicklen yesterday, will be charged with possession of a small amount of marijuana, said State College Police Chief Tom King. Whether Heicklen is one of the five who will be charged has not been released yet, however. Once charges are filed at the district justice's office, the names of the five individuals charged will be released, according to State College police. Smoking what he claimed was marijuana in front of University Gates three times in four weeks yielded no arrests or drug possession citations from University Police Services. Moving across the street to the corner of College Avenue and Allen Street, yesterday, placed the protest under jurisdiction of State College police. Heicklen said he wants to be arrested for smoking a "joint", which he said is marijuana, and nullify all anti-marijuana laws through a jury trial. Heicklen said last week he was surprised he had not been arrested, and wanted to move across the street to see what State College police would do about his weekly marijuana protests. About 200 to 250 people gathered to watch Heicklen smoke yesterday, according to a news release from State College police. The large crowd created traffic problems and also prevented the public from accessing an area business.
`Heicklen's 'joint' not confiscated (Friday, Feb. 6, 1998) Professor prostests law by again smoking 'joint' (Friday, Jan. 30, 1998) Professor smokes marijuana as act of civil disobedience (Friday, Jan. 16, 1998)`	The State College police officers seized several cigarettes and determined them to be marijuana based on field tests, King said. In Heicklen's previous smoking sessions, University police said they did not arrest him because his "joints" were determined not to be marijuana. Heicklen claimed the State College police officer performed an "illegal seizure" of his cigarette yesterday. Heicklen had filed a complaint with the district attorney claiming that the confiscation of his "joint" two weeks ago by University police was a theft. However, King said the officers acted appropriately. "We are confident that our officers acted very professionally and did not mug anyone," King said. Andy Burke (sophomore-engineering) participated in Heicklen's protest by smoking what he said was marijuana. His "joint" was confiscated by the State College police and also was determined to be marijuana, Burke said. "I don't see what I'm doing as a terrible thing. But I'm not sure what's going to happen to me," Burke said, adding that he uses the marijuana as a remedy for his asthma. King said the police chose not to arrest Heicklen and others on the scene because drug possession is a misdemeanor offense.
Two officers from the State College Police Department request a form of identification from Andy Burke (sophomore-engineering) after confiscating from him a cigarette he claimed was marijuana. (Collegian Photo/Thomas D. Hood - click for full size image)	"We do it through summons, which is the least intrusive plan possible," King said. King said if the situation warrants it, State College police will increase resources and work with University police to do the same. "We cannot permit laws to be broken," King said. "Our job is to enforce the law." King said he is confident the University police did a good job in their response to Heicklen's protest. "If Professor Heicklen did the same thing on the other side of the street, he would have had the marijuana seized and he would have been charged," King said. Heicklen said his current plan is to smoke again next week at the same time and place. If they have another week like this week, where no arrests were made, Heicklen said he and his followers will move their protest to Bellefonte in front of the courthouse. "We're in for a long, hard struggle," Heicklen said.