How to Flex Your Rights During Police Encounters

That depends. The answer is as long as it reasonably takes police to conduct the investigation. If you choose to challenge a detention, your lawyer will have to argue that police kept you longer than necessary under the circumstances. If the judge agrees, any criminal charges that resulted from your detention will likely be dropped.

Remember that detentions are voluntary unless you verbally ask to leave. Any time police detain you, it's a good idea to ask if you're free to go. If the officer says you may leave, it's up to you to leave the scene of the encounter. If you choose to stay, the detention is automatically legal.

If they have reasonable suspicion to detain you, police may conduct a pat down (frisk) of the outside of your clothing to check for weapons, but only if they have a basis for suspecting you're armed.

If they feel a hard item that might be a weapon, police may reach into your pockets. Sometimes officers reach into suspects' pockets looking for drugs even if they don't feel a weapon. This is common, but it's illegal.

Police may ask you to reveal the contents of your pockets. Just like other search requests, you have the right to refuse.

(See also "How to Deal with Police on the Street")

Clip from the DVD, BUSTED: The Citizen's Guide to Surviving Police Encounters

Flex Your Rights has eagerly anticipated Barry Cooper's new video Never Get Busted Again: Vol.1 Traffic Stops, which finally arrived yesterday. After reviewing Cooper's DVD, we're disappointed to report that Never Get Busted badly misses the mark regarding consent searches.

We hope the following will not be interpreted as a rebuke of Cooper or his video, much of which we enjoyed. Still, we find it necessary to comment at length on his surprising advice.