Happy Constitution Day!

Constitution Day is an opportunity to celebrate the fundamental rights and freedoms we enjoy as Americans. But for many, it also provides an occasion to take note of all the ways in which the promise of liberty handed down by our forefathers has been broken time and again as our criminal justice system grows sufficiently enormous to terrify even the best-behaved among us.

True as that may be, Flex Your Rights has always believed that the long-term survival of our basic constitutional rights can be realized only by understanding, appreciating, and exercising them. That’s why today, we thought it would be appropriate to share a few of the wonderful 4th Amendment success stories our supporters have shared with us:
I was driving from New York to D.C., and I was pulled over going through Baltimore. The officer asked if I knew why he pulled me over. Having recently seen Busted, I made it a point to say, "I don't know," instead of "speeding." He said he wasn't going to write me a ticket, but wanted to search the car because they "were seeing a lot of drugs going through the area." I told him I was in a hurry and really didn't feel it was necessary. He tried to get all buddy-buddy and make it seem like I should "just help him out." He said his boss really wanted them to be checking cars, so he'd "really appreciate it." At this point, I said I did not wish to consent to a search and asked if I was free to go. He said "yes" and I drove off.

Mason T.
Denver, CO

We had a Know Your Rights training (and showed Busted) for the American Indian Community at the IndianWorks community center. One woman who attended told us that her son and his friends were being harassed by a police officer assigned to his high school. The officer stopped them repeatedly when they hung out after school and constantly demanded to search their bags. Although her son was not at the training, she was eager to show him the information and she went home and ordered Busted off the website.

She called a month later to say that when the officer stopped her son and his friends as they walked home from school and demanded to search their backpacks, her son said, "Officer, am I being detained or am I free to go and I do not consent to a search" all in one sentence. The cop turned red in the face but returned to his squad car, sped off and has not bothered them since. With such great results, the mom has been showing Busted to all of the neighborhood youth.

Michelle G,
Minneapolis, MN

Just two days ago I had an unfortunate run-in with the police. They were already in my house, to respond to an emergency that my friend was having. Due to the nature of his emergency, they requested a search of my house. Immediately, everything from Busted came rushing back. I think the only things I said (and repeated) were "I do not consent to a search", "Are we free to go to the hospital now?" and "I think I need to contact my lawyer." When I said "lawyer" the cop backed off. But I just couldn't believe how astounded he was that I refused the search. He insisted that it meant I had something to hide over and over. And, too, the use of silence really came in handy. I have never been in a situation like that before, especially with the cops already inside my house. So, thanks for Busted. That truly saved me. It was the only thing I thought of the entire interrogation. Things could have turned out differently otherwise.

Stephanie H.
You can read many more of these here.

Police Run In

Hey i had a run in with police recently and i was wondering if any of you could help me figure out if my rights were violated. I was walking to my sober ride's car after a college party with two other friends. We had all been drinking and were all underage. As a joke, and without the other two of us knowing, one of my friends grabbed a bike that laying on the sidewalk and rode it a few feet. By the time the other two of us had looked back to see what the other guy was doing, we realized that a cap was pulling over and our friend had taken off running. As we were a half block ahead of our friend we tried to just keep walking inconspicuously towards our car.

However, when the cop realized that he could not catch my friend he cut through an alley and grabbed me by the shoulder. He proceeded to talk to me for several minutes and although i initially tried to deny deny deny. However, i realized that if he were to breathalyze me i certainly would not pass, and my number one concern was to not go to jail for the night. So to make a long story short I told him that it might be my friend(and roommate) that tried to take the bike, however i wasnt sure. The cops twice had me call my friend in order to find out where he was, however i purposely told them he was somewhere he wasnt so that he could get away.

The cop said that because of my cooperation that he would let me go and not give me a ticket. My friend ended up getting away and it all seemed to be working out.

This is when i believe my rights were violated, or I at least want to know if i was in the wrong. The following day at about 11:30 in the evening there was a knock at the door. When i asked who it was through the door he said police department. When i opened the door and stepped outside, I attempted to close the door behind me, as ive been previously told to do. The cop immediately put his hand on the door and put his foot in the threshold to make it impossible for me to close. He told me to leave the door open. I politely replied that i believe it was within my rights to close the door behind me. He then raised his voice and said something to the effect of, "Youre not going to f*cking close the damn door. I cut you a major break last night." I felt very intimidated and so left the door open. He asked me if my roommate was home and i said i believed he was. He asked me to go get him, and i did, which was the last of my interaction with the cop to date.

I attempted to be as polite as possible and dont believe i was overstepping my rights to try and keep him from entering and seeing into our home. I was sober for the home visit, however there were beer cans in plain sight in our home and i did not want to further incriminate myself nor any of our roommates. How else would I have been better served in handling this situation? If further issues arise from this event, do we have any legal basis for complaint?

Any and all help or advice youd be willing to offer would be greatly appreciated. thanks

thannk you

thannk you

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