Busted: The Citizen's Right to Surviving Police Encounters

[Idioteque]

http://www.youtube.com/watch?v=3NmC5wHfCdM

This is a really cool video, put together by a group called Flex Your Rights and narrated by former ACLU director Ira Glasser. We watched it at our college NORML meeting tonight.

It does a good job showing how to resist unlawful searches and avoid trapping yourself during police encounters.

[jbm]

1. Thank you!

There is a skate park near my home, and even though I've never seen the kids doing anything really out of line, I have often watched the police engage in what can only be termed as harassment. The other day a kid sat his still half filled coke can down on the ground (he was obviously not done drinking it) and a policeman stopped, searched him because he had broken the law by littering, and when he found nothing on the kid, ordered him to pick up all the trash in the park as punishment for having littered. I just purchased three copies of the DVD from the flexyourrights site advertised on the video, and I'll make sure they get into the hands of the kids at the skatepark!

[StraightDope]

5. If those skaters are underage...

Then they don't have the same basic Consitutional protections as do adults.

[Tesha]

6. Yes they do.

> If those skaters are underage
> Then they don't have the same basic Consitutional protections as do adults.

Yes they do (or at least, yes, the underage party
combined with their parents or legal guardians do).

If the story was as described, the kid with the Coke can
was clearly being harassed.

The confusion usually arises in situations where a search is
conducted of property that the youth does not own, for example,
their school locker. You have *NO SAY* about whether or not
a locker owned by someone else (e.g., the school district)
can be searched by the police; the owner of the locker has
all the say.

But if the cops tried to search the youth's backpack, and
that backpack was on the youth's back at the time, they'd
need either a valid search warrant, the student's permission,
or the permission of a parent or legal guardian in order to
conduct an admissable search.

Tesha

[StraightDope]

8. You must live somewhere much more liberal than WV...

Here, if you're on school property, you consent to a search. If someone alleges that a student has a weapon, guess wat? Search. Drug allegations? Search, or the alternative of K-9 use, and then the inevitable search. Drive your car to school, and aren't 18? Search. Wait you are 18? Driving to school is a privilege, and school property is school property. Search.

As far as your initial statement, you are correct, juveniles in conjunction with parental authorization DO have the same rights as an adult citizen, but when was the last time that you saw a bunch of underage kids skating with their parents at their figurative side? Never would be my guess. :)

[Tesha]

9. They have all those rights until a parent waives them

> but when was the last time that you saw a bunch of underage
> kids skating with their parents at their figurative side?
> Never would be my guess.

Then the kids have all those rights until a parent or legal
guardian waives them.

It sounds like it's time to send some money to your local
ACLU affiliate.

Tesha

[Sinti]

2. Everyone should watch this - not all police officers are honest folks

Even if you have nothing to hide - in fact, particularly if you have nothing to hide you shouldn't just consent to a search. There are a lot of bullies in positions of authority. Really good advice from this ACLU lawyer.

[Tesha]

7. Never consent to a search. Never answer questions. Repeat after me...

Never consent to a search. Don't resist, but don't give
your consent either. You may want to depend upon lack
of "probable cause" later, and by giving consent, you
throw away that card.

Never answer questions without your attorney, no matter
how casually phrased.

Repeat after me:

o I insist on seeing my attorney and
o I will only speak with you in the presence of my attorney.
o Until that time, I have nothing further to say.

Repeat as necessary.

The moment you are in an adversarial position with
the cops, you need to protect your rights.

And yes, everyone should have at least a passing
acquantance with a real attorney.

Tesha

[Idioteque]

3. Edit: Should say "Citizen's Guide"...

...and no I'm not a little stoned right now. ^_^

[JDPriestly]

4. Thanks.