BUSTED: The Citizens Guide to Surviving Police Encounters

DISCLAIMER: This video is designed to provide general information and opinions on the subject matter covered. In disseminating this information, Flex Your Rights warns viewers that it does not provide legal advice or services. Flex Your Rights cannot be held liable for the consequences of any persons reliance on the information in this video. The law is complex, many similar factual situations are legally different, and the law varies from state to state and county to county. The information contained herein is no substitute for legal advice from a licensed attorney. If assistance is required, the services of a professional should be sought.

Part I: Traffic Stop Scene A

EXT. HIGHWAY - DAY There

A beat-up looking but fully-functional car is driving on the highway. are three college-aged youths inside. INT. CAR - DAY

A pine tree deodorizer hangs from the rear-view mirror. A mess of candy bar wrappings and empty cups and fast-food bags are tossed about as evidence of a serious road trip. Something with a funky beat is playing on the stereo. The driver, DARRELL, is scruffy but handsome, with a hemp necklace and blond hair. The girl in the passenger seat, CAROLYN, is pretty, in sundress. The youth in the backseat, TROY, is as untidy as he is unthreatening and goofy. TROY Hey, do we have any more of those pork rinds up there? Darrell reaches down to the floor and produces a half-empty bag of Pork Rinds. Grabbing a handful, he hands the bag to Carolyn, who passes it back to Troy with a look of playful disgust. CAROLYN I dont know how you guys eat this crap. DARRELL Were sorry. The Stop and Go in Schwenksville was all out of wheat gluten and tofu bars. CAROLYN Hell, its your colons. TROY Carolyn, why are you so fixated on my colon? Troy has a handful of rinds and has begun to eat them with relish. CAROLYN Brenda tells me you have enough colon fixation for all three of us. TROY (Through a mouthful of Pork Rinds) Hey, those are Darrells videos.

DARRELL (eyeing a rind suspiciously) Whats in these things anyway? The conversation halts, and the light mood turns to fright as Darrell spots the flashing red lights in his rearview mirror. DARRELL Damn it! Whats wrong? crap. CAROLYN (Turns around and sees cop car) Oh

Darrell slows down and pulls over to the shoulder. is nervously burying his head in his hands. TROY This really sucks! CAROLYN Everyone chill out and well be fine. DARRELL Is everything put away? CAROLYN Yeah. TROY I think so. Darrell slows down and pulls over to the shoulder. places his hands on the steering wheel. Well be fine. just speeding. DARRELL Everythings cool.

Troy begins to panic and

He turns the car off and

We were probably

CAROLYN We werent going that fast. Darrell shushes Carolyn as he lowers the window as the officer approaches the drivers side. OFFICER License and registration, please. Darrell nervously scrambles to fish his license out of his wallet and hands it to the officer. He then turns to Carolyn. DARRELL Could you pull my registration out of the glove box? Carolyn coolly retrieves the documents, reaches across Darrell and hands them to the officer.

OFFICER Are you kids heading to the concert? DARRELL Yes, sir. OFFICER Do you know why I pulled you over? DARRELL Uh, I guess I was speeding? OFFICER Do you know how fast you were going? I dont know. DARRELL Maybe 70?

OFFICER I clocked you at 75. Do you know what the speed limit is in this state? DARRELL I think its 55 miles per hour, sir? OFFICER Thats right -- and that means you were going 20 miles per hour over the speed limit. Did you know that I could arrest you for driving that fast? DARRELL But I was driving the same speed as everyone else... OFFICER (Interrupts) Did you know I can arrest you for driving that fast? DARRELL (Looking submissively into his lap) No. The officer leans his head in the car and suspiciously sniffs the inside of the car. OFFICER Do you have any alcohol or illegal drugs in the car? DARRELL No, sir. The officer turns his gaze to Troy, who looks like a frightened and easy target, then turns back to Darrell. OFFICER Your friend looks a little out of it. (Turns back to Troy, patronizing)

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Son, are you feeling alright? spacey. You look a little

TROY Im just a little nervous. Thats all. OFFICER Nervous? You shouldnt be nervous unless youve got something to hide, right? (beat) Son, is there anything that you want to tell me? (silence) Alright, everyone step out of the car please. All three exit the car. Darrell leaves his drivers side door conspicuously open. The officer immediately inserts himself into the drivers seat. Ironically, the officer is already fishing into the folds of the upholstery as he asks his next question. OFFICER You dont have any drugs in the car? if I take a look around, do you? DARRELL (Defeated) No. You dont mind

OFFICER (Ridiculing) Daaaaamn! This car is disgusting! You guys are a bunch of animals. Im just trying to make a living here -- why you gotta make me dig through this crap? (beat) Sheesh! It smells like Bob Marleys ass in here (grinning, thinks hes funny). You kids been toking the reefer or what? All three are scared silent as they look at one another hoping nobody cracks. Their silence arouses the officers suspicion even further. The officer gets out from the front of the car and moves to the back seat. He places his hands into the upholstery folds and finds nothing. He then holds up the backpack sitting on the floor of the back seat. OFFICER Who belongs to this? DARRELL Thats mine. OFFICER You dont have any drugs in here? DARRELL No. OFFICER You dont mind if I take a look then?

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DARRELL (voice trails off hesitantly) What if I say no? The officer is still holding Darrells license. remember Darrells name. OFFICER (slowly and coolly) Darrell Borden, I want you to listen closely. You have two choices. You things better or you can make things yourself. If you cooperate with me, Do you understand me? DARRELL Yes. OFFICER If you choose not to cooperate with me, I cant help you. Ill have to arrest you and keep you overnight in a jail cell with some very bad men who would love to do very bad things to skinny little hippy boys like you two. Do you understand your choice? There is silence as the officer stares down Darrell who is frozen by fear and indecision. Darrell again turns to his friends who are in no position to help him. TROY (snaps) Darrell, let him look in the damn bag! Darrell shoots a nasty look at Troy. (defeated) Go ahead. The officer unceremoniously dumps all the contents of the bag onto the hood of the car. The officer points to some tampons that fly out and turns to Darrell with a grin on his face. OFFICER Are those yours? Darrell averts his eyes and shakes his head in frustration and shame. CAROLYN (futilely) Those are mine. OFFICER (mockingly) Really? Thank you very much for your help, Sweetheart. Regardless, he feels he has no choice. He takes a look at it to

to me very can either make worse for I will help you.

DARRELL

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The officer then reaches into a smaller compartment on the side of the bag and pulls out exactly what he hoped to find, a bag of marijuana and a glass pipe. OFFICER Uh, oh. Darrell this is your bag, which makes this your marijuana. Am I right? DARRELL Its just a little bud, no big

Yeah, thats mine. deal.

OFFICER (turns to Carolyn, holding pipe and bag) Since Darrells so nice to carry your, uh, items in his bag - does any of this belong to you too, Miss? CAROLYN Yeah, thats my pipe. OFFICER I appreciate your honesty, sweetheart. Youre a good girl. Hmm, this pipe smells freshly used. (turns to Troy) Youre not gonna let your friends take the full rap for this, are you? Tell me the truth; were you smoking on this too? TROY No, we didnt smoke any today. smoke it at the concert. We were just going to

OFFICER (lecturing) I appreciate your honesty, but this isnt Amsterdam. In the Unite States youre in possession of an illegal and dangerous substance and Im going to have to place you all under arrest. Face the car and put your hands on the hood. Im going to read you your rights... Cut to consequences vignette as Officer reads Miranda rights: handcuffing police car door slamming on victim mug shot fingerprinting victim making call to parents (we can hear mans voice yelling through the phone) judge handing down sentence in courtroom

Part II: Narrators Introduction

Narrator: If you were suddenly facing the same police encounter, would you be prepared to handle the pressure and confusion any better than Darrell and his friends did?

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Im Ira Glasser. Between 1978 and 2001 I was Executive Director of the American Civil Liberties Union, and had a great deal of experience with encounters like this one. During most police encounters, officers hold an overwhelming power advantage, not only because they represent the power and authority of the state, but also because most people are unprepared to handle the pressure and confusion of such situations. Whether or not you break the law, this video is designed to explain what the law is and how you can legally and properly assert your constitutional rights during even the most stressful police encounters. By knowing and exercising your rights you become a better citizen. In addition, youll be more prepared to balance the power between yourself and police who often try to get you to waive your rights. Although youre generally better off respectfully asserting your rights, doing so is no guarantee against police misconduct. But showing the police that you know your rights can make them cautious about violating your rights.

Part III: What Are My Rights During Police Encounters?

Narrator: If you slept through high school civics class, nows the time to wake up. Heres why: If you give up your rights -- as many people naively do during police encounters -- these rights can no longer protect you. In the scene you just watched, Darrell and his friends waived their rights repeatedly without even knowing it. [Background photos showing stock photos of founding fathers juxtaposed to colonial-era folk songs] The rights that protect you during police encounters come directly from the Bill of Rights, which is the first ten amendments to the US Constitution. When the Founding Fathers created a new government in 1789, they were keenly aware of the dangers posed by unchecked government power. That is why they added a bill of rights. There are three amendments in particular that today play the biggest role in protecting you during police encounters. [Show wide graphic of the original Bill of Rights. Then highlight the 4th, 5th and 6th Amendments and then zoom in on them one at a time.] The Fourth Amendment states, in part, that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. The Fifth Amendment states, in part that No person shall be...compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...

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The Sixth Amendment states in part that In all criminal prosecutions, the accused shall enjoy the right to...have the Assistance of Counsel for his defense.

Scene IV: Traffic Stop Scene B

Lets check back with Darrell and friends. Theyre on the way to the concert again -- but lets see how things could go very differently when Darrell exercises his constitutional rights. CUT TO: EXT. HIGHWAY - DAY

Same car, same place as first part of scene. INT. CAR - DAY [Insert last 5 seconds of dialogue from first part of scene] The conversation halts, and the light mood turns to concern -- but not fright -- as Darrell spots the flashing red lights in his rearview mirror. DARRELL Oh look, weve got a fan! Whats going on? crap. CAROLYN (Turns around and sees cop car) Oh

Darrell slows down and pulls over to the shoulder. places his hands on the steering wheel.

He turns the car off, and

DARRELL (confident) Listen, everybody be cool, and roll up your windows. We were probably just speeding. Let me do all the talking and everything will be fine. Got it? CAROLYN Okay. DARRELL (turns to Troy who looks a bit panicky) Troy, are you with me? Remember, let me do all the talking. Alright? TROY (deferential) You the man. We see the officer approaching through Darrells side-view mirror. Darrell waits until the officer is right next to the car before he partially rolls down the window. Good afternoon officer. DARRELL Why did you pull me over?

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OFFICER Do you know why I pulled you over? DARRELL I dont know officer, thats why I asked. OFFICER You were speeding. I clocked you at 75. your license and registration please? DARRELL No problem. Darrell slowly and deliberately takes his license out of his wallet and hands it to the officer. DARRELL (CONTD) (turns to Carolyn) Could you grab my registration out of the glove box? Carolyn retrieves the documents, reaches across Darrell and hands them to the officer. OFFICER (Looking at license) Darrell, do you know what the speed limit is in this state? Darrell keeps his lips locked, furrows his brow and waits for the officer to answer his own question. There are a few moments of awkward silence. OFFICER (CONTD) (blinks first) The speed limit is 55, and I clocked you at 75. That means you were going 20 miles per hour over the speed limit. Did you know that I could arrest you for driving that fast? DARRELL (calm) Officer, how can I help you? OFFICER I need you all to step out of the car, please. DARRELL Officer, why do you want us to step out of the car? OFFICER (frustrated) Step out of the car NOW! All three get out of the car. As soon as all the doors are closed, Darrell power-locks all four doors from his key lock. The officer takes note of this slick maneuver. OFFICER Can I see

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Whyd you do that? here? Dont you think your car is safe

DARRELL Officer, are you detaining us, or are we free to go now? The officer is still holding Darrells license. remember Darrells name. He takes a look at it to

OFFICER Mr. Borden can I please see your keys? DARRELL Why, Officer? OFFICER I need to give your car a look to make sure you dont have anything youre not supposed to have. You dont have anything to hide, do you? DARRELL No, Officer. I dont consent to any warrantless searches. OFFICER According to this registration, this isnt even your car. Is your name Mary? DARRELL Officer, this is my sister's car, and I'm sure she wouldn't want it searched without a warrant, sir. OFFICER Listen, smart guy, I want you to listen to me very closely. Youve got two choices. You can either make things better or you can make things worse for yourself. If you cooperate with me, I will help you. Do you understand me? Everyone remains silent. OFFICER (CONTD) If you choose not to cooperate with me, youre going to have to wait here for the police dogs to come and tear apart your car. (beat) If the dogs find anything youre not supposed to have, Im going to throw your ass in jail overnight with some very bad men who would love to do very bad things to skinny little hippy boys like you two. Do you understand your choice? DARRELL Officer, are we free to go now? OFFICER

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Okay, lawyer boy, youve made your choice. Now were going to have to take this to the next level. You stay right here. The officer retreats to his car. We can see him shaking his head as he talks on the radio. He looks pissed-off as he slowly walks back to the kids standing by their car. Add 10 seconds later bullet OFFICER Mr. Borden, heres your speeding ticket [insert generic speeding ticket instruction]. Drive safely, and dont let me pull you over again. DARRELL (takes ticket graciously) Thank you, Officer. Have a nice day. The three get back in the car and pull away slowly. INT. CAR Carolyn and Troy erupt in ecstatic praise of Darrells brilliant performance. Darrell is speechless but wears a smile. Hes very pleased with himself. CAROLYN What the hell just happened! TROY (slapping Darrells back joyously) Yeah! You the man now, dog! You the maaaan! That was like the Jedi mind trick, man!

Woo hoo!

Part V: Traffic Stop Analysis

Lets take a closer look at the ways Darrell handled himself in the two parallel scenes you just watched. [Show still of Darrell with hands on the wheel] At the beginning of both scenes, Darrell turned the car off and placed his hands on the steering wheel after he was pulled over. This is a good safety precaution, because officers like to see your hands for their own safety -so wait until the officer asks to see your paperwork before retrieving your documents. Turn Off Car Show Your Hands

Hold shot of hands on car; Cut to still of Darrell asking Carolyn for paperwork But thats where the similarities end. Cut to Officer questioning Darrell

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In the first scene Darrell waived his rights as soon as he started talking to the officer. OFFICER Do you know why I pulled you over? Uh, I guess I was speeding? DARRELL Hold still shot

Darrell just gave up his 5th Amendment protection against self-incrimination by admitting to breaking a law. 5th Amendment Protection There's no need to confess to the officer that you were speeding or breaking a law. Hes playing gotcha games with you. Dont Confess Cut to officer approaching window at when an officer approaches narration. Instead, when an officer approaches your window, start by calmly and courteously asking this first question: Good afternoon officer. DARRELL Why did you pull me over?

OFFICER Do you know why I pulled you over? DARRELL I dont know officer, thats why I asked. Hold still Good move. win. Dont play into the officers gotcha games, because you cant

Cut to Darrell passing license to officer See how Darrell only opened his window part way, enough to talk to the officer and pass him his license and registration? This makes it more difficult for the officer to stick his nose in the car and claim he smells or sees something. However, if the officer asks you to roll down the window all the way, you should probably do it. Open Window Partway OFFICER Alright, everyone please step out of the car. All three exit the car. open. Darrell leaves his drivers side door conspicuously

By leaving the car door wide open, Darrell made his car an easier target for the officer to search. [still shot of open door]

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Open Door = Easy Target for Search The officer immediately inserts himself into the drivers seat. OFFICER If you dont have any drugs in the car you dont mind if I take a look around, do you? DARRELL (Defeated) Hold shot of officer in car

No.

Now, did Darrell mean "no, I don't have any drugs in the car" or "no, officer, you can't take a look in the car"? Unfortunately, the officers compound question tricked Darrell into complying with his search request... Cut to still shot of Darrell looking defeated and saying nothing ...and since Darrell didnt say anything to the contrary, he gave up his 4th Amendment protection by consenting to a search. 4th Amendment Protection Suggestion: this bullet appears with shot of Darrell Now watch as Darrell consents again to the search of his bag, even though he knows he's got illegal items in there. TROY (snaps) Darrell, let him look in the damn bag! Darrell shoots a nasty look at Troy. Hold shot of Darrell turning to Troy Regardless, he feels he has no choice.

Bad advice from Troy -- and a bad idea for Darrell to let himself be intimidated by the officer's threats. Cut to officer pulling pot & pipe out of bag If you have contraband and you consent to a police officers search request, you will be arrested. Contraband + Consent = Arrest [Make words appear one at a time as they are narrated] OFFICER Uh, oh. Darrell this is your bag, which makes this your marijuana? Am I right? DARRELL Yeah, thats mine. Its just a little bud, no big deal. Hold still until car lock shot Darrell should bite his tongue. Now is definitely not the time for him to confess or voice his opinions about marijuana laws.

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The officer is not your priest and hes not your psychologist. Police are not paid to keep your secrets -- theyre paid to find, arrest, and help prosecute you. So anything you say can, and probably will be used against you in court. Anything You Say Will be Used Against You In the second scene, Darrell skillfully blocked the officers continuous attempts to search his car. Whyd you do that? here? OFFICER Dont you think your car is safe

DARRELL Officer, are you detaining us, or are we free to go? Listen closely to that line again. [rewind] DARRELL Officer, are you detaining us, or are we free to go? Hold still until You dont have anything to hide, do you? Am I Free to Go? This is the right thing to say for two reasons: One, Darrell is responding to the officers question with his own question -which keeps him from falling prey to the officers gotcha games. 1) Respond to Questions with Questions

Two, instead of waiting for the officer to give him permission to leave, Darrell is dismissing himself from the encounter by asking if he is free to go. 2) Dismiss Yourself OFFICER I need to give your car a look to make sure you dont have anything youre not supposed to have. You dont have anything to hide, do you? DARRELL Officer, I dont consent to any searches. This could be one of the most important lines you may ever have to deliver in your entire life: DARRELL Officer, I dont consent to any searches. I Dont Consent to any Searches

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OFFICER ...Youre going to have to wait here for the police dogs to come and tear apart your car. DARRELL Officer, are we free to go now? Hold still

Darrell remains courteous but is not intimidated by this all-to-common tactic. Your rights do not disappear just because an officer threatens to call in the dogs, and refusing a search does not give the officer the legal right to search or detain you. Refusal is NOT Permission to Search Finally, did you notice how Darrell graciously accepted the traffic ticket in the second scene? Hold on Darrell after he says thank you, Officer. Never complain about a ticket, especially when you know how much worse a traffic stop could become. And never let an officer try to convince you that that hell rip up your ticket if you consent to a search. If this happens, just ask for the ticket, because you can always contest it later in traffic court -- and being in traffic court is always better than criminal court. Never Complain Contest Ticket in Traffic Court

Scene VI: When Are Police Allowed to Search My Car?

Roger: Since I cant think of any appropriate footage to use during this block of narration, lets show Ira until he says That means keep your private items private... Lets use the clip of the officer the dumping bag at Giving the officer permission a few paragraphs later. The Supreme Court has generally ruled that police officers do not need a warrant to search your car during a traffic stop if they have probable cause to believe something illegal is present, although there are important exceptions. The precise meaning of probable cause is fuzzy. Basically, probable cause means that the police must have some evidence to believe that criminal activity is going on in order to legally search your car. Probable Cause = Evidence In other words, an officers hunch without evidence that youre up to no good is not enough to search or arrest you. Before searching, he must observe something more tangible. For example, if the officer sees marijuana, a pipe or a roach -- a judge will conclude that the officer was justified in doing the search.

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This is what's known as the "plain view rule" -- police don't need a search warrant in order to confiscate any illegal items that they see in plain view. Plain View Rule CUT TO: Darrell zips up backpack, throws it in his trunk and slams the trunk. That means keep your private items private and out of sight. Keep you Private items Private and Out of Site Cut to Ira Most avoidable police searches occur not because police have probable cause, but because most people, like Darrell, get tricked or intimidated into consenting to search requests. Cut to Darrell consenting to bag search and officer dumping bag. after dump. Hold still

Giving an officer permission to search automatically makes the search legal in the eyes of the law, and in most states, officers are not required to tell you about your right not to consent to a search request. Permission = Legal Search Roger: can we edit Iras narration by changing permission to consent in this section? Ira will still be off camera here. Could you work your editors magic here? This would help us with consistency, because we say consent everywhere else. Cut back to Ira here: So if you're pulled over by a police officer, do not try to figure out whether or not the officer has enough evidence to legally search you. If he has to ask, it probably means that he doesn't have evidence. You have nothing to lose by refusing to consent to search requests -- and everything to lose if you do. [Blinking] Do NOT Consent! [Blinking] Cut to still of Officer holding contraband at If an officer searches you illegally... Cut to still of judges gavel at If the judge agrees... If an officer searches you illegally and finds contraband, despite your refusal to consent, your lawyer can file a motion to suppress -- or throw out -- the evidence in court. If the judge agrees that the officers search violated your constitutional rights, hell grant the motion to suppress. Your charges would then be dismissed and youd be free to go. Illegal search Lawyer files motion to suppress

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Judge agrees Charges dismissed

Scene VII: Street Scene A

Youve just learned how you can better protect yourself during traffic stops, which make up about 50% of all citizen/police encounters. Now lets observe how a young man waiting for a bus deals with a police encounter on a pubic street. CUT TO: INT. SQUAD CAR DAY ROD GAINES, mid-30s, black, athletic, intense, and the driver DALE GRIMES, 40s, white, bulldoggish face, heavyset, spot Mike, a young African-American, early-twenties, wearing headphones sits on a bench at a bus stop OFFICER GAINES (to radio) ...Copy that, dispatch. We have visual contact with a suspicious male, black, approximately 20 years old. Were going to ask him some questions, over. Lets cut a few seconds off initial cop car pull-in CUT TO: EXT. CITY STREET DAY The squad car pulls directly in front of Mike. window eyeing Mike. Hey, Kid! Officer Gaines rolls down the

OFFICER GAINES How long you been sitting there?

Huh?

MIKE (removing headphones) I dont know. Maybe 20 minutes.

OFFICER GAINES What are you doing around here? MIKE Waiting for the bus. OFFICER GAINES Why are you still waiting here? Dont busses come every 15 minutes? MIKE Its late, I guess. OFFICER GAINES (mockingly) Late, you guess? Where you going, smart guy? MIKE

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Home. OFFICER GAINES Wheres home? MIKE Franklin Street. Franklin Street? Huh? No. You OFFICER GAINES Are you handicapped, or something? MIKE OFFICER GAINES Franklin Streets a five minute walk from here. couldve been there 15 minutes ago. (puts arm out window) Lets see some ID.

Mike pulls his license from his wallet and hands it to the officer. approaches. MIKE Thats my bus, Ive got to go. OFFICER GAINES Wait right there, Mr. Heller. The bus passes, and the riders stare at the goings-on. Grimes exit the car.

The bus

Officers Gaines and

OFFICER GRIMES That bus is heading north, which is away from where you live. Where are you really going? MIKE My girlfriends place. OFFICER GAINES Why did you just lie to me and tell me you were going home? Mike stares blankly. OFFICER GAINES I thought so. Run this ID for me, Dale. (beat) Mr. Heller, please place your hands on the car. MIKE (frustrated, raises voice) Why are you hassling me? I didnt do nothing! OFFICER GAINES Put your hands against the car NOW, and shut up!

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Mike complies, putting his hands on the car. OFFICER GAINES (CONTD) You only speak if I ask you questions. Do you understand me? MIKE Yeah. Officers Gaines pat searches Mike. OFFICER GAINES (to Grimes) Does he have any warrants, Dale? OFFICER GRIMES No, no probation either. Hes clean. OFFICER GAINES Mr. Heller, your hands are covered in paint. Somebodys been vandalizing the storefronts in this area. MIKE Im an art student. You can look at my sketchbook. Its in my bag. I just got out of class, man. Officer Gaines immediately opens and searches Mikes bag. book to Grimes who scans it for clues. He hands a sketch

OFFICER GAINES (holding up a spray can) Uh oh! Looks like weve got graffiti paint here. OFFICER GRIMES Hey Rod, doesnt this kids ghetto art look just like those fresh tags on the laundromat round the corner? OFFICER GAINES Yeah. The handwriting looks like a match. I think weve got our man. (to Mike) Youre coming to the station with us, Mr. Heller. Please place your hands on your head for me. Officer Gaines handcuffs Mike. CUT TO: INT. SQUAD CAR DAY OFFICER GAINS (out loud to Grimes) You saw his sketch book. Mr. Heller is a real talented artist. With everything that hes got in his bag, the DAs got a slam-dunk case here. (turns to Mike) You punk kids think you can get away with anything -but this time youre busted buddy.

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(turns back to Grimes) Hey Dale, whats the sentence for felony vandalism? OFFICER GRIMES That would be six to twelve months in jail and a five thousand dollar fine. OFFICER GAINES Ouch! Somebodys going to have to bend over and grab their ankles. Tough break, kid. MIKE Man, Im telling you the truth. I didnt do nothing. Im just an art student. Im on scholarship. OFFICER GRIMES Hey, if you do the crime you gotta be ready to do the time. OFFICER GAINES (sympathetic) Listen, Mike, you dont seem like a bad kid, but you did mess up. (beat) Now I dont want to see you go to jail, but you gotta be smart. If you take my advice Ill be able to help you out. (beat) When we get back to the station Im gonna give you a document to sign, and thatll be your get out of jail free pass. (beat) If you sign it, youll go home tonight, and well recommend probation to the DA. Believe me, thats your best shot at staying out of jail. Do you understand? MIKE Yeah. CUT TO: mug shots fingerprinting Mike in interrogation room with confession document in front of him. CUT TO:

Scene VIII: Street Stop Analysis

Lets take a closer look at some ways Mike could have avoided or simply made the best of the terrible situation in which he now finds himself. When asked to do so, Mike immediately handed the police officer his license. [still shot of Mike handing officer license] Hold still

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Although its a common knee-jerk reaction to show your ID when requested by police officers, the fact is you are not necessarily required to identify yourself to an officer on the street. ID Not Required Cut to Ira here: The law about this differs from state to state, and although the Supreme Court has struck down some state laws that require people to show I.D. to the police, it has not prohibited it under all circumstances. You should check the law in your state, perhaps by calling your local ACLU office, before automatically complying with such requests. Check State Law New Edit #5 When provoked by the officer, Mike failed the attitude test. Why are you hassling me? MIKE I didnt do nothing!

OFFICER GAINES Put your hands against the car NOW, and shut up! Hold still shot Dont ever -- under any circumstances -- talk back or raise your voice to a police officer. You have nothing to gain -- and everything to lose -- by escalating the hostility level of the encounter. Dont Talk Back

Heres how Mike could have responded to the officers initial questions. MIKE Officer, I know youre just doing your job, but Ive got nothing to say to you. Ive got to catch my bus. Hold Still A little courtesy and respect go a long way. Cut to still shot with Mike putting hands against car at order you to put your hands against car... If the officers refuse to let you leave and order you to put your hands against the car, for example, you have nothing to lose by clearly stating your refusal to consent to a search. Cut Out your hands are covered in paint dialogue. to say on still here. We just need

But you should only verbally refuse and never physically resist. Just touching an officer could land you with a felony charge of assaulting a police officer.

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Verbally Refuse Consent NEVER Physically Resist

New Edit #7: I added two more still shot suggestions for narration. Cut to still of Mike standing with officers Even if you are detained on the street... Cut to still of Mike being frisked ...officers are legally allowed to frisk the outside of your clothing to check for guns or knives only if they have a basis for suspecting that you are armed. Cut back to Ira In Mikes case, where they were investigating a graffiti crime, there appeared to be no basis to justify a pat-down. CUT TO: EXT. CITY STREET DAY The squad car pulls directly in front of Mike who immediately runs away. Officer Gains exits the squad car and chases Mike. [still shot of Gaines gaining on Mike] [still shot of Gaines grabbing Mike] [still shot of Gaines handcuffing Mike face down on sidewalk] Hold still Never try to run away from the police under any circumstances. If police see someone running away, especially in a "high-crime" neighborhood, that gives them all the legal justification they need to chase and stop him. Cut to Ira here: Sometimes people fleeing the police out of panic have even been shot at. Dont run. The law may seem harsh on this point, but it's what the Supreme Court decided. If you see police approaching, stand your ground, and be prepared to assert your rights. But dont run. [Blinking] Dont Run Away! [Blinking] Stand Your Ground Assert Your Rights OFFICER GAINES Now I dont want to see you go to jail, but you gotta be smart. If you take my advice Ill be able to help you out. Hold still shot Dont believe a word of it. Officers are not there to act as your advocates. Their job is to find, arrest and help convict you -- so ask for a real lawyer and shut up.

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Find Arrest Help Convict You

Remember, you are not required to answer police questions without the assistance of a lawyer. [Cut back to Ira here] If you ever have a run-in with officers who you think are violating your constitutional rights, dont resist them. But as soon as you can, write everything down about the incident including witnesss names and contact information and the officers names and badge numbers. File a police misconduct report immediately afterwards and consult your local ACLU chapter for advice. Write Everything Down File a Misconduct Report Contact Local ACLU Chapter

As a good citizen, its your job to make sure that unprofessional police officers are held accountable for their actions -- because doing so protects both your rights and the rights of others in your community.

Scene IX: House Scene A

The US Supreme Court has ruled that the home is entitled to maximum protection from police searches and seizures. Specifically, the court has ruled that even if an officer has probable cause to believe that something illegal is going on inside your home, with a few exceptions, he may not enter without a search warrant. Home Search requires Warrant Question: If its true that police need a warrant to search your home -even if probable cause exists -- then how come so many home searches and arrests occur without a warrant? Answer: Although there are a number of reasons, in many instances people without thinking invite the police into their homes. As explained earlier, consenting to a police officers request to enter or search your home automatically makes the entry or search legal. You should never consent. Invitation = Consent = Legal Search [Blinking] Do NOT Consent! [Blinking] All too often, people consent to home searches when police come to their door for reasons unrelated to what they wind up getting arrested for. A very common example of people inviting officers into their homes is when police respond to a noise complaint. EXT. RESIDENTIAL HOUSE NIGHT

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Loud music is blaring from a college group house. inside. INT. LIVING ROOM NIGHT A small crowd of lively early-20-something partygoers is letting loose. Some dance; others chill on the couch and attend to their hedonism. The door is open to all who want to get groovy. All are greeted warmly by the crowd. One couple is making out, others partygoers are taking shots of booze or puffing on joints. There are frequent healthy outbursts of laughter. [Insert about 10 seconds of party cuts] A boy/girl couple enters with anxious looks on their faces. The boy runs to turn down the stereo, so the PARTY GIRL can make an announcement. PARTY GIRL (shouting) Yo, heads-up everybody! I just saw a cop car pull up, so everybodys got to chill out for a bit. Does anybody know where Valeries at? PARTY GUY I think shes upstairs. Most partygoers panic and flee toward the back door or toward other rooms. One male partygoer pulls the drapes, which reveals two officers exiting their car. He then heads toward the back. Somebody desperately hides a bong behind the couch. Nobody thought to close the front door or grab the roachfilled ash try. Two officers knock on the door and PARTY GIRL opens the door. The LADY COP, late 20s, is short, and attractive. The MAN COP, early 30s, has a handsome, disarmingly friendly face. LADY COP (pointing to the screen door) Mind if we come in? PARTY GIRL (pops open door) Sure. MAN COP Hi. Do you live here? PARTY GIRL One sec, shes upstairs. Ill get her. PARTY GIRL runs upstairs. PARTY GIRL Valerie, the police are here! Vaaalerieeee!! The officers look around and examine the abandoned party debris. fingers the contents of the ashtray. MAN COP No doubt theres a party

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Valerie, slightly intoxicated, nervously staggers down the stairs to see LADY COP greeting her with a smile. Hi. LADY COP Let me guess, youre Valerie? Do you live here?

VALERIE Yeah. Is everything okay? I know we were, like, really loud, but well keep it down. Im really sorry. LADY COP We stopped by because we got a noise neighbor, and we just wanted to make everythings okay. (beat) It looks like youve got a real wild here. From the looks of it a lot of drinking and maybe doing drugs? complaint from a sure party going on people are

LADY COP turns her attention to MAN COP whos discovered an intricate glass bong behind the couch. LADY COP Whatcha got there, Marc? MAN COP (sarcastically) Wow. Check this out! (pulls out and takes a whiff of the stem) Hmm, it smells fresh. (beat) Valerie, this is a very lovely piece of glass sculpture here. Is this yours? VALERIE (panicking) Yes its mine, but we werent doing anything wrong. LADY COP (calm and patient) Valerie, honey, we appreciate your honesty. You dont have anything to worry about if you tell the truth. (beat) How many drinks have you had tonight? VALERIE I dont know -- I had maybe a few beers I guess. LADY COP Everyone heres 21, right? Valerie is silent and guiltily averts her eyes.

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LADY COP Valerie, sweetheart, is anyone here under 21? VALERIE (nervously) No, everyone heres over 21. MAN COP Valerie, how old are you? VALERIE 21. LADY COP Do you mind showing me your ID please? VALERIE (defiant) Im going to be 21 in two weeks. MAN COP (stern and calm) Valerie, you just lied to us -- so I could arrest you now for obstructing justice and falsifying a statement to a police officer. (beat) It also looks like youre hosting an alcohol party with underage drinkers and youve already admitted to providing the party with the marijuana -- which means youre a drug dealer. (holding up bong) Do you know that you can get sent to prison for this? VALERIE (panicky) Why are you doing this to me! This is so unfair. Nobodys hurting anybody... LADY COP (interrupts) Valerie, were not doing anything to you. But we can help you if you help us. I need you to listen very carefully to me. Are you listening? VALERIE Yes. LADY COP Because theres marijuana here, were going to have to bring in the canine unit to search your house. Now the dogs sometimes cause a lot of damage and tear things up, but if there are any more drugs in here theyll find them and youll be in real big trouble. (beat) But heres where you can help us and also help yourself. If you show us where the rest of the pot

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is, well put in a good word for you. If you dont, Ill have no choice but to call in the dogs. (beat) Valerie, do you understand your choice? VALERIE Yes. Its up to you. LADY COP Which do you prefer?

VALERIE (defeated) Follow me. Its upstairs. Valerie sheepishly leads the officers up the stairs and into her room. Two partygoers are nervously smoking cigarettes on her bed waiting out the storm. VALERIE Its in the closet. Valerie opens up her closet, pulls out a shoebox, and opens up the top to reveal the taboo contents, three one-ounce plastic bags of marijuana. This is it. VALERIE This is all I have.

MAN COP Are you sure there are no more drugs in the house? VALERIE I swear to God thats everything. MAN COP (turns to bed sitters) Did either of you know about this? MALE BED SITTER (shaking his head) Nope. VALERIE They didnt know about it. Its all mine. else knew it was there. Nobody

LADY COP Valerie, we appreciate your honesty. You did the right thing. You seem like a really sweet girl, and thats why we hate to have to do this to you. Go ahead and put your hands behind your back. VALERIE Are you arresting me? LADY COP

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Youre under arrest for felony possession of marijuana with intent to distribute. VALERIE (starts to cry again) This is so unfair! You said if I helped you wouldnt put me in jail. LADY COP Thats not what I said. VALERIE Yes you did! MAN COP Listen, its not our fault you chose to break the law. You brought this on yourself. LADY COP grabs Valeries arm, turns her around and handcuffs her hands behind her back. Cut to consequences vignette as MAN COP reads Miranda rights: LADY COP puts Valerie in police car (watch your head, honey) mug shot fingerprinting victim making call to parents jail door slamming in front of victim

Valerie will get a second chance to do it right. But as for the rest of you, youd better be prepared to assert your rights and protect yourself in this situation on the first try.

Scene X: House Scene B

EXT. RESIDENTIAL HOUSE NIGHT Same shot of house from first scene. INT. LIVING ROOM NIGHT The crowd is very much the same as the first and the music is just as loud -but there are a few key differences -- the most significant being the presence of Valerie. As the hostess she is the first one to greet all who enter. She is calm, sober and in control of this party. Theres a knock at the door and Valerie looks through the peephole. smiles, opens the door and warmly greets her guests. A partygoer on the couch pulls out a joint, which Valerie immediately notices. VALERIE (turns to joint guy) Hey Smokey, if you want to hit that thing, go back to your place. Dont do it here. Alright? She

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SMOKEY No problem, Val Pal. VALERIE Thanks sweety! Valerie continues to be a gracious hostess by cleaning up after her friends. As she throws empty beer bottles into a trash bag, theres another knock at the door. Again, Valerie is the first to the door and checks the peephole. She sees two officers waiting outside, takes a deep breath and whispers something into PARTY GIRLS ear. As Valerie opens the door and closes it behind her, PARTY GIRL calmly walks toward the stereo and turns the volume nearly all the way down. EXT. PORCH NIGHT The first scene officers are waiting on the porch knocking on the door. The loud music get briefly louder as Valerie opens the door and comes outside. She immediately closes the door behind her, and a few seconds later the music goes silent. VALERIE Good evening officers, what seems to be the problem? LADY COP We stopped by because we got a noise complaint from a neighbor, and we just wanted to make sure everythings okay. (beat) It sounds like youve turned down the music, which is a good start. Just please try to keep the volume down so we dont have to come back if we get any other complaints. VALERIE No problem officer. Ill be sure to keep it down. Sorry about the inconvenience. MAN COP While were here we need to do a routine checkup to make sure everythings okay inside. Mind if we take a look? VALERIE Why? MAN COP I smelled something kinda funny when you stepped outside. Is anybody smoking marijuana in there? VALERIE I dont smell anything, officer. LADY COP How can I help you?

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We just need to do a required routine check. If everythings okay inside, could you go ahead and let us take a look? VALERIE (very politely) Everythings under control, officers. I know youre just doing your jobs -- but unless you have a search warrant, I cant let you inside. MAN COP (to lady cop) Should I go ahead and call in for the warrant? LADY COP (to man cop) No. It seems like everythings under control here. (to Valerie) Were counting on you to keep the noise down. But if we get one more complaint, were going to have to come back here with a paddy wagon. (beat) We can trust you to keep it down, right? VALERIE No problem, officer. I promise well keep it down. Sorry to inconvenience you. Have a good night. LADY COP Thanks for your help. MAN COP Keep it down and have a good night. VALERIE So long. Valerie watches the officers leave before going back inside. INT. LIVING ROOM NIGHT Valerie enters, then closes and locks the door behind her. She breathes a deep sigh of relief as her friends slowly make their way back into the living room. Smokey peeks outside and sees the officers retreating. SMOKEY (victorious) The cops are gone! Crank up the tunes! Game on!

VALERIE (interrupts) I dont think so, fool. If you want to hang here youre going to have to keep it down for the rest of the night. If not, you gotta go somewhere else. You understand?

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SMOKEY (whining) Awww! That sucks. VALERIE (to herself) Its better than getting busted. Thats right, Valerie, getting busted is no party. You protected yourself and your friends from arrest by knowing and exercising your rights -- thats what being a good neighbor and citizen is all about.

Scene XI: House Party Analysis

Lets take a closer look at the ways Valerie handled herself in the two parallel scenes you just saw. At the start of the first scene, Valerie was negligent in performing her hostess duties. [Still shot of guests entering house] She was completely unaware of who was entering and leaving her house and paid no attention to her guests activities. Be Aware of Guests Cut to guest puffing on joint at her guests activities. Anytime you host a loud party, you are exposing yourself to a likely police visit. Cut to police at Anytime you host... [Still shot of police at door] So be mindful of other entrances to your home, because police will often enter through less-guarded side or back door entrances. Other Entrances [Still shot of party-goers standing by back-door entrance] And as often happens with house parties, a nave party-goer is the one who invites the police into your house. [Still of Party Girl opening door to officers] Woops! How did the officer find that? It was in plain-view, thats how. Hold still shot of officer w/bong until

[Still shot of MAN COP holding bong] the end of thats how. Plain View Rule Cut to Ira here:

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If an officer is legally invited inside your home, any illegal items that are out in the open are fair game for the officer to seize as evidence -- which can lead to your arrest. [Still shot of Valerie being handcuffed] CUT TO: VALERIE (defiant) Im going to be 21 in two weeks. MAN COP (stern and calm) Valerie, you just lied to us. Hold still of officers Never lie to the police when questioned. Roger: If it works, cut to still of Valeries face at If the officer asks you... If the officer asks you a question that you know the answer to but dont want to reveal because it may be used against you, you do not have to answer. Youre better off not answering than lying and having the officer arrest you or use it against you later. Never Lie to Police Dont Answer Questions

Valerie gets off to a much better start in the second scene. She is attentive to her guests needs, and shes careful to keep evidence of possible illegal activity out of site. Be Attentive [Still shot of Valerie cleaning up beer bottles and ashtrays] [Shot of Valerie admonishing Smokey with joint in hand] Valerie is always ready to greet guests at the door... Greet Guests at Door [Still shot of Valerie greeting guests] ...and she takes advantage of the all-important peephole to distinguish friend from foe. Use Peephole [Still shot of Valerie looking through peephole] [Fish-eye shot of police officers outside] Upon seeing the officers, Valerie greets them outside and closes the door behind her.

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[Still shot of Valerie closing door behind her] Go Outside Close Door Behind You CUT TO: LADY COP We just need to do a required routine check. If everythings okay inside, could you go ahead and let us take a look? VALERIE (very politely) Look, officers. I know youre just doing your jobs - but unless you have a search warrant, I cant let you inside. Again. VALERIE Unless you have a search warrant, I cant let you inside. Even without a warrant, the police could enter by claiming that they smelled marijuana in the few seconds the door was opened. But in most instances, Valeries refusal to consent in the absence of a warrant will keep the police from entering, if they do not have another independent reason to do so.

Scene XI: Wrap-up

Before we recap what weve learned, we must point out the few situations where your constitutional protections against warrantless searches do not apply: The first two are common knowledge. 1). Airport Searches Be aware that airport security personnel do not need a warrant or probable cause to search you or your belongings before boarding any commercial airplane. So remember that any time you enter a security area to board a commercial airplane, you consent to a search. Airline Security = Consent Search 2). Border Searches The same exception applies whenever you cross international borders. Therefore, any time you cross the border, you consent to a search. Border Crossing = Consent Search 3). Private Security Checks Roll stock footage here:

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Private security personnel -- who outnumber police officers in the United States by three to one -- generally have a right to search you as a condition of entry into private property. In such cases, its up to you to decide if a search is worth the price of admission. As long as you are free to walk away, the security personnel do not pose a threat to your constitutional liberties. Search = Condition of Entry Your Choice to Enter

Cut to Ira here: Keep in mind that private security guards can turn any illegal items found on you over to the police -- so if security guards ever try to search you after youve entered a club or concert venue, for example, DO NOT CONSENT, and insist on leaving the premises immediately. Do NOT Consent Leave Immediately

4). Search Incident to Arrest Cut to still of Darrell traffic stop Usually the police will not formally arrest you for a minor traffic stop or a refusal to consent to a search. Cut to Darrell arrest shot But if you are formally arrested, police may search you without a warrant. Arrest = Legal Search Now lets repeat what could be the three most important lines you may ever have to deliver in your entire life: 1). Officer, I do not consent to any searches. 2). Officer, am I free to go? 3). Officer, I have nothing to say until I speak with a lawyer. Now one more time, all together: [spoken by the voices of all the actors, their faces displayed in separate boxes, Brady Bunch style] If youve been paying close attention throughout this video, youre now a more intelligent citizen and are more prepared to protect yourself and assert your constitutional rights during police encounters. But do you really think that this one-time viewing will fully prepare you for the pressure and confusion of an actual police encounter a month or a year from now? Review this tape often. It takes diligent preparation to overcome the natural fear of standing up for yourself in the face of authority. Become a student of police encounters. For additional online resources on the topic, visit the American Civil Liberties Union website at www.ACLU.org.

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And consult your local ACLU office as well. Remember that laws often differ from state to state. Finally, dont keep this information secret! As a good citizen, its your responsibility to pass this information on to your friends and family to make sure their rights are protected. Why not buy them their own copy of this video today? of the most valuable gifts they ever receive. It may prove to be one

To order copies of Busted: The Citizens Guide to Surviving Police Encounters, visit Flex Your Rights Foundations website at www.flexyourrights.org. [cut to visuals with both websites and logos followed by credits] Roger: We changed a lot of this dialogue, but just remember to include the ACLU and Flex Your Rights websites.