How to Flex Your Rights During Police Encounters

A controversial police raid of the popular Capitol Hemp stores in Washington, D.C. has become more interesting with the release of the affidavit filed by an undercover officer seeking a judge’s approval to search the premises for evidence of drug paraphernalia distribution. Police allege that water pipes and other tobacco accessories sold at the stores were intended for illegal use, and their evidence includes the fact that Capitol Hemp sold Flex Your Rights DVDs!

Check out this section from the search warrant affidavit, available in full at DCist:

4. While your Affiant was looking at the smoking devices U/C [redacted] observed a DVD that was for sale entitled "10 Rules for Dealing with Police". The DVD gave the following listed topics that were covered as:

     A. Deal with traffic stops, street stops and police at your door.

     B. Know your rights and maintain your cool, and;

     C. Avoid common police tricks and prevent humiliating searches.

On Friday NYPD Commissioner Raymond Kelly issued a directive to all precincts ordering them to stop arresting New Yorkers for small quantities of marijuana if the marijuana is not in plain view.

This is a major reversal for a department that took great pride in its aggressive policing policy. Conducting 600,000 stop-and-frisks, the NYPD made more than 50,000 marijuana possession arrests in 2010. Although marijuana is decriminalized in New York, making possession only a ticketable offense, police have exploited a loophole in the law, routinely tricking and intimidating citizens into "voluntarily" revealing their contraband. This so-called "brandishing" of marijuana is a misdemeanor crime.

The widespread abuse of this tactic inspired the street stop scenes in our two films, BUSTED: The Citizen’s Guide to Surviving Police Encounters and 10 Rules for Dealing with Police .

The campaign to end the arrests was led by the Drug Policy Alliance (a major Flex funder). According to DPA's Evan Goldstein, Flex videos played an important role in the effort.

This is investigative journalism at its best.

Remember: Even if police search you despite your refusal -- which might be caught on the officer's camera -- your refusal can give your lawyer more tools to work with.

We just added this gem to our growing Success Stories page...

I recently got pulled over by the Texas Highway Patrol for an expired registration.

The cops double-teamed me -- one at the passenger-side window and one at the driver's side window, both talking to me at the same time, trying to confuse me. Each took turns sticking their heads as far as they could inside the car, looking around, and inhaling deeply.

After about five minutes of continuous sniffing, I finally asked one of the officers if everything was okay. "Just making sure you don't have any weapons. It's a safety thing. You mind if we take a look around?"

Of course, I knew the response. "I know you're just doing your job, but I don't consent to any searches."

About ten minutes into the encounter, one of the cops excitedly pointed at my cup holder. "Sir! What's that white residue on your cup holder? I need to be sure that's not something dangerous!"

I explained that the white residue was dust -- dead skins cells and detritus that you normally see in a dirty-ass car like mine.

Anyway, I kept cool, asserted my rights in a calm manner, didn't consent, and drove away without being searched. Not that I had anything to hide, but it felt good to assert my rights.

 Thanks for helping me do that.

-- Paul from Texas

I recently moved to Los Angeles with my girlfriend, and my parents visited this weekend. Over dinner we discussed the California Supreme Court ruling which held that police officers don't need a warrant to lawfully search mobile phones of arrestees.

All four of us own a smartphone, but I was the only one who encrypted password protected mine. So I obnoxiously brandished my Android device to demonstrate how easy it is to swipe a simple pattern to turn the phone on.

My girlfriend, a UCLA MBA candidate, scoffed that it was inefficient and not worth her time. But I countered that the split-second motion quickly becomes effortless. On the other end, my parents thought they had nothing to hide. (Have I taught these people nothing!?)

For the more cynical among us, Ryan Radia at the Ars Technica blog presents a thorough analysis of the relevant court cases impacting your smartphone privacy rights. He also lays out simple strategies that can protect your mobile device from police searches, even if you're under arrest.

His tips should be common sense to Flex Your Rights fans.

This is the first holiday season since the release of 10 Rules for Dealing with Police. So if you've got friends and family who haven't seen it yet, now's a perfect time to make sure they do.



To ensure that your DVDs arrive in time for Christmas, please order by this Friday the 17th. (If you want to send a gift DVD to someone else, simply enter a separate shipping address.)



Your order not only helps your loved ones protect their constitutional rights -- it makes it possible for Flex Your Rights to continue our public education work. 10 Rules has earned major media hits and created new partnerships that allow us to educate more people than ever before. Our YouTube page, for example, has reached 8 million views!

As a small organization with a modest operating budget, your support really goes a long way towards making our work possible. So please click here to place a DVD order or to make a small or large tax-deductible donation. You may also send a check donation (made out to Flex Your Rights) to P.O. Box 21497, Washington, DC 20009.

Thanks to you, 2010 has been Flex Your Rights' best year yet! I think you'll love what we've got in store for 2011.

I watched it; I loved it; it's right on the law, and everybody should see it.
-- Judge Napolitano on 10 Rules for Dealing with Police

In case you haven’t seen it yet, Flex board of advisors member and LEAP Executive Director Neill Franklin had a terrific piece in the Huffington Post last week  discussing the proper way to handle police encounters.

 Here are some choice bits.

What few people understand, but police know all too well, is that your constitutional rights only apply if you understand and assert them. Unless they have strong evidence (i.e. probable cause) police need your permission to search your belongings or enter your home. The instant you grant them permission to invade your privacy, many of your legal protections go out the window and you're left on the hook for anything illegal the police find, as well as any damage they cause in the process.

Of course, even if you know your basic rights, police officers are trained to shake your confidence. If you refuse a search, I might respond by threatening to call in a drug-sniffing dog and sternly reminding you that things will go much easier if you cooperate. Creating a sense of hopelessness for the suspect enables us to break down their defenses and gain compliance. In the film, we show several variations on these common threats, but the main lesson is that it doesn't matter what the officer says; you still have to remain calm and protect your rights.

Luckily for us, Neill's article became a big hit around the web, bringing in a flood of orders and emails from folks who hadn't heard about Flex Your Rights before.

In our last alert I mentioned that Columbia, MO police Chief Ken Burton has been using 10 Rules for Dealing with Police to educate the public about constitutional rights.

Now you can listen to Chief Burton describe in his own words how Flex Your Rights' educational message aligns with his policing philosophy.

I also recently participated in an NPR affiliate interview with Chief Burton and policing expert David A. Harris. It's an in-depth look at problems in modern policing -- including some great discussion of SWAT raids, police accountability, racial profiling, and the importance of know-your-rights education.

Watch the streaming video of the interview here.

We've come a long way since our first video was released on VHS tape. What began as an effort to educate activists is now influencing entire police departments to be mindful of citizens' constitutional rights.

Last week I presented 10 Rules for Dealing with Police at the NAACP National Conference. The panel hosted by NAACP's Criminal Justice Program was focused on youth and the criminal justice system.

The 200-member audience was mostly high school and college-aged, and I couldn’t have hoped for a better reception. The video got an enthusiastic round of applause. More importantly, everyone stayed for the Q&A, which went beyond the allotted hour.

Before the screening, I asked if anyone had received any kind of know-your-rights training. Only a handful raised their hands. But afterward, their new knowledge inspired sophisticated questions covering Miranda rights, PATRIOT Act, videotaping police and more.