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You got 5 out of 8 questions correct.

Nice job. You missed a few, but you clearly know a thing or two about your rights during police encounters. Scroll down to see what you missed.

Since you're already ahead of the curve, I hope we can count on you to help spread this important information to your family and friends. You probably already own a DVD copy of BUSTED: The Citizen’s Guide to Surviving Police Encounters, but if not you can order it here.

You should also check out our FAQ, and sign-up to receive our low-volume news alerts.

1) The Patriot Act increases police power during traffic stops.

FALSE.
Your answer was CORRECT.

There are many reasons to be concerned about the PATRIOT Act, but it doesn’t give new powers to regular cops. Anti-terrorism legislation gives federal agents broad powers to investigate potential terrorist activities, but it doesn’t apply to the local cops in our neighborhoods or the state police patrolling our highways. If you’re accused of terrorism, you’ve got big problems, but we promise you won’t be sent to Guantanamo Bay for refusing a consent search.

2) Undercover officers must admit they’re police when asked.

FALSE.
Your answer was CORRECT.

This wildly inaccurate and pervasive myth has gotten many people in trouble. In reality, police are allowed to lie about all sorts of things if it helps them to make arrests. Watch COPS a few times and you’ll see how often people think they’re protecting themselves by asking this silly question.

3) During a traffic stop, police may automatically perform a weapons pat-down.

FALSE.
Your answer was CORRECT.

Pat-downs have become a matter of routine in some departments, but the truth is police must have reasonable suspicion to believe you're armed before patting you down. It doesn't take much evidence for a judge to uphold a pat-down, but remember that your lawyer can challenge a pat-down that happens for no reason. More on pat-downs here.

4) Fourth Amendment protections still apply if you’re a minor.

TRUE.
Your answer was INCORRECT.

The Fourth Amendment applies to all citizens, including minors. Nonetheless, young people face greater challenges when attempting to exercise their rights. It takes knowledge and confidence to stand up to adults, especially police who are trained to intimidate.

Additionally, young people don’t usually own property, so their privacy is reduced by the fact that adults often control the spaces they use. Parents might consent to a home search, just as the principal might permit locker searches at school. These conditions sometimes limit, but do not cancel out, the Fourth Amendment rights of minors.

5) Officers have to read you your rights when you're arrested, or you can’t be charged.

FALSE.
Your answer was CORRECT.

Many people believe that an officer must automatically read a person his or her Miranda rights as part of performing an arrest, either immediately before or immediately after an arrest is made. This is a myth.

The truth is that the only time an officer must read a person his or her Miranda rights is when: (1) the person has been taken into custody, and (2) the officer is about to question the person about a crime. Even when they do read you your rights, they leave out lots of important information. If you find yourself in legal trouble, keep your mouth shut and get a lawyer.

6) Refusing a search gives police a legal basis to detain you.

FALSE.
Your answer was CORRECT.

Exercising your rights can never be used as evidence to justify a search or detention. In fact, the opposite is true. If an officer were to admit in court that he/she was suspicious solely because you refused a search, it could actually help your case. On the other hand, consenting to a search makes it nearly impossible to legally challenge any evidence that police might find on you. If you refuse a search and the officer threatens you, ask if you're free to go.

7) Drug checkpoints are unconstitutional.

TRUE.
Your answer was INCORRECT.

The Supreme Court has ruled that random checkpoints for the purpose of finding illegal drugs are unconstitutional. However, police sometimes put up signs warning drivers of up-coming drug checkpoints and instead pull over people who make illegal u-turns or discard contraband out the window. If you see a sign saying “Drug Checkpoint Ahead”, just keep driving and don’t panic. If there’s a rest area following the sign, DO NOT pull into it. If you do, you’ll find yourself surrounded by drug-sniffing dogs.

Police Departments, especially in the Mid-west, have been pushing their luck with this tactic, so if you encounter anything resembling an actual drug checkpoint, please contact that state’s ACLU Chapter. Similarly, if you’re arrested as a result of a real or fake “drug checkpoint”, you must contact an attorney to explore your legal options.

8) You can be arrested for refusing to identify yourself to a police officer.

TRUE.
Your answer was INCORRECT.

This one’s tricky. As a general principle, citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind.

Unfortunately, in Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as 'stop and identify' statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.

Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in criminal activity. Rather than asking the officer if he/she has reasonable suspicion, test it yourself by asking if you're free to go.