Am I missing something? Why would you guys agree to give your Drivers License to these guys? First of all your not operating on the street, (thats what a drivers license is for, not for id purposes) second there is no real id act in use as of yet ( it is NOT the law that you must carry an id) you do not have to show proof of who you are. Nor do you have to give your SS#. I have had this problem here in Nevada with BLM, had an accident in my rail with a bike that had no flag and came off of a closed trail hitting my car. BLM asked me to wait at my camp,so i did wait (5 hours) when they showed up they asked me for DL, SS#, etc. I only gave them my first and last name. They threatened to arrest me (I said sure, but you had better know what your doing and I did not resist, only asked if I could lock up my stuff, they agreed. By the time I got done locking up my stuff they decided not to arrest me, I gave them my phone #, THEY CALLED ME NEXT DAY AND APOLOGIZED for not knowing the law(these guys call themselves law enforcement, but don't know or care what your rights are). Giving your first and last name is cooperating period! We are not living in Nazi Germany.
What do you think? please post


Jan 22 -----Update------I just pulled this off of flex your rights web site,This should clear up a lot of confusion,I did hear about this rancher in the link, A person could refer to this case when talking to (protect and servers ) Notice it says you must disclose identity,This means first and last name only! in any investigation. (read about this case on the liked web site)Or click here SUPREME COURT OF THE UNITED STATES Opinion of the Court


When do I have to show ID?

This is a tricky issue. 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.

Nonetheless, carrying an ID is required when you’re driving or flying. Driving without a license is a crime, and no one is allowed to board an airplane without first presenting an ID. These requirements have been upheld on the premise that individuals who prefer not to carry ID can choose not to drive or fly.

From here, ID laws only get more complicated. 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.

Currently the following states have stop and identify laws: AL, AR, CO, DE, FL, GA, IL, KS, LA, MO, MT, NE, NH, NM, NV, NY, ND, RI, UT, VT, WI

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.

If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.

If the officer detains you, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you're on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state's laws can help you make the best choice.

Keep in mind that the officer's decision to detain you will not always hold up in court. ‘Reasonable suspicion' is a vague evidentiary standard, which lends itself to mistakes on the officer's part. If you're searched or arrested following an officer's ID request, always contact an attorney to discuss the incident and explore your legal options.

Exactly my point! I have nothing to hide, But it's my perogative if I want to exercise my rights and should not be treated like a suspect or criminal if i do! Most people are too lazy to exercise their rights. That's why you see cops, blm, etc. acting like judge and jury. No checks and balances (no protect and serve).
Would you allow a cop to search your car house without a warrant in the spirit of cooperation! Not me!(I would Rather not have them waste my time)

Watch this The Citizen's Guide to Surviving Police Encounters something simple could turn into something out of control!

I thought it was the law you had to carry some form of identification if you are over the age of 18?

Only to board an airplane.

Your right you don't have to have a any identification card on you and surrender this to the police. HOWEVER. if you are lawfully detained (receiving a ticket, reasonable suspicion) or arrested YOU have to satisfactorily identify yourself to law enforcement......That means they must know who you are. The easiest way is by your driver's license / state ID

If you can not ID yourself to the satisfaction of the LEO, in California....which includes GLAMIS, they have every right to place you in handcuffs and take you into the police station (PC 148.9) to obtain your fingerprints and run them for ID purposes. All because you did not want to ID yourself. And they don't have to give you a ride back to camp.

And if you give your name, and your name is unique in anyway, they can ID you by your name, and guess what? Your State ID number comes right up with all your info......So did you pull something over on the LEO's? NO...if they thought you were a criminal, you would have been taken in. In the end, they probably thought you were an (_l_)

If you did nothing wrong and have nothing to hide (like a warrant) then you should have no worries giving them info on who you are on a consensual encounter. But you don't legally have to.

I wanted to throw this quick edit in here......its my opinion that at the dunes or most infraction encounters, the police will take your word on your name and D.O.B. I would find it very hard to believe they are going to take you to the station for an infraction unless they think your intentionally providing false info, or have something to hid.....like a warrant and such. Don't expect the average good citizen to be hauled to the station for no I.D.

we aren't in Kansas anymore..yes, CA police can take you in if they feel that they cannot satisfactorly ID you. And yes, the DMV says you MUST surrender your drivers license to ANY peace officer upon request. So, if you have Id, and they ask for it, and you tell them you dont have it, and they find it, are you not guilty of obstruction? Lying to an officer while conducting an "investigation" is a criminal offense.
Agreeing with the stop is not the issue at hand. I choose to cooperate, if for any other reason, for respect for the rest of my group. I dont need to piss them off with my stupidity, because that is just going to escalate the stop and bring more leo support. And maybe more in my group will be dragged into my stop.
Wether your right or wrong, they hold the power, dont they? In the field it is yes, and no..nothing else.
The court room is where i can argue my position, not in the field.
There is way too much defiance talk on this board..and were wondering why they are getting so jumpy?
They read this site too ya know...
the post should be titled how to make your encounter go wrong....

I never argue with people who have the right to shoot me first and investigate after.

YMMV

ive had a similar incident on the hwy, i was asked if it was ok to search my truck(was stopped for no front plate). i said i didnt think it was relevant to the stop and said no, he asked my why? i replied, what do you mean why? why do i want to use my constitutional rights? thats a weird question? because i have them and i want to use them. he wrote me the fix-it ticket and i was on my way. i always exercise my rights. i dont have a problem with giving my ID though.

This is a good topic
both side are IMO are right if we dont exercise our rights we will loose them however if you have nothing to hide then cooperate and let them get on there way but if it turns into harassment then exercise your rights

why let someone take away your rights. I have nothing to hide, but at the same time....why???? I am always very professional / curtiuos and polite to any LEO even if they are not. I do not ever want to give a reason for a potential "situation"

Just be curtious / and know your rights and things will go smooth. I treat the LEO with the same respect that want to be treated with.

my 2 cents

People really need to learn the law. Dont give them a CDL unless it is required by law. Although I am not too sure about being in the desert, state parks Im almost positive you need CDL, BLM land, if what you say is true then you dont.

But like said previously, if detained, they need to identify you, and the easiest way of doing that is giving them your ID. BUT an LE cant just stop a guy walking down the street and say give your ID, guy says i dont have one, then cop takes guy in. Doesnt work like that. Unless of course they were searching for a suspect and the guy matched the description. Of course this happens all the time though, and the more it happens, the more common and concrete it gets, then people believe they have the right to do it.

My brother still believes to this day, that if a cop asks to search his car, he must say yes, or else his "no" answer turns into probable cause.
This is me, at a DUI checkpoint. Completely sober BTW.

I do not need to give up my rights in the air of cooperation.
Bighad I understand that it bothers you that people do not feel that leo's are not respected in the manner you see fit but LEO's do not hold the power in the field or courtroom... they are public SERVANTS... not the other way around. If they had more of a service attitude I do believe that people would feel better about them.

Now... I have a bunch of LEO friends and they are bugged by the jerk LEO's where ever they are... they understand how an officer can escalate situations and make something out of nothing... why is it always the unarmed person who is causing the big scene and never the person trying to throw their weight around through intimidation? Pull down the blinders... LEO's are people too and make some big mistakes and are not taken to task (by their bosses) nearly enough.

I am not anti LEO at all and I always am polite and a regular person, but I will not be forced into fearing the LEO's because they will start writing tickets.

Paranoya is a terrible thing to waist......sounds like tinfoil is lining someones roof.

I was just going to say that there are way too many sheeple who post on this board.

Knowing your rights and exercising them is not stupid, nor is it obstruction or defiance.


Those who would give up their rights so easily don't deserve them in the first place. If you're armed with knowledge, you're a lot less likely to get railroaded and lied to, which they have been doing quite a bit more of lately in the ISDRA.

PUBLIC SERVANTS... don't know how much more plain I can make it. I am one too... not in LE but PS none the less.

they may not wake up with the jerk complex but they may be wearing it by the time they get to work.

Bottom line... LEO's should not try and force people or influence people into giving up their rights. I also feel that people should abide by the law.

It is funny... we are made up of laws not men, the laws are there to protect us... accept when it is the men who enforce the laws, then we must worry about "making the thing go wrong" or our constitutional rights making them "jumpy" this just sounds obscene.

When should a LEO be jumpy because a person stands behind the constitution???

I will stand behind the constitution. A LEO will never have reason to be jumpy with me, if they are paranoid (not me) maybe they should find other work.

AGREED!!!

waw! powerful stuff. i respect you.

^^^^^^^ Good point!

Seriously tho... I seldom carry my DL in the dunes. Maybe if I know I'm headed to Sweet Marie's or Vendor's Row, but otherwise usually not. If stopped (yet to happen, BTW) I will identify myself as needed and cooperate fully with any investigating officer, but my DL stays at camp (where I'd have a tougher time losing it). My name and address is on the reg on my toys, that oughtta be enough.

FWIW, I only recently started carrying copies of the reg paperwork... mostly because I started carrying insurance cards. IIRC carrying reg paperwork is not required on OHVs.

This is also a good set of general guidelines to follow!
1. Who should know their rights?

All people should be trained to assert their constitutional rights in order to avoid the hassle and humiliation of police misconduct and illegal searches.

According to the Bureau of Justice Statistics report on citizen-police contacts, about 21 percent of the population age 16 years or older -- or about 44 million people -- had contact with the police during 1999. More than half of these face-to-face interactions occurred because of traffic stops.

Of the 19.3 million traffic stops documented in the study, about 1.3 million motorists said they or their vehicle had been searched. In almost 90 percent of these searches, police found no evidence of a crime whatsoever! There is reason to believe that many, if not most, of these searches could have been avoided if the motorist had properly asserted his or her rights by refusing to consent to a warrantless search.

Still, while all Americans should be prepared to exercise their constitutional rights during police encounters, certain groups must be particularly aware of these rights due to systemic biases in law enforcement. Data from the Bureau of Justice Statistics show that minorities and young people are disproportionately likely to be searched by police.

The debate that has emerged in recent years over racial-profiling by law enforcement officers highlights the significance of constitutional provisions intended to prohibit discriminatory police practices. Flex Your Rights believes that educating citizens about their constitutional rights can play a significant role in reducing the harms associated with racial profiling.

Click for more facts on racial profiling and police/public contacts.

2. When are police legally allowed to search me?

Police officers are legally allowed to search your home or your property if they obtain a search warrant. To obtain a warrant, police officers must write out an affidavit -- a written statement under oath -- to convince a judge that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.

As a general rule, searches conducted without a warrant are automatically unreasonable and hence violate the Fourth Amendment. But in fact most searches occur without warrants because police take advantage of these many legal exceptions to the Fourth Amendment:

* Consent Searches If the police ask your permission to search your home, purse, briefcase or other property, and you freely consent, their warrantless search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during a consent search can be used to convict the person.

* Plain View Rule This is common sense: Always keep any private items that you don’t want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view.

* Searches Made in Connection with a Legal Arrest Police do not need a warrant to make a search "incident to an arrest." After a legal arrest, police can legally protect themselves by searching the person and the immediate surroundings for weapons that might be used to harm the officer. Consequently, whatever an officer finds during such a search can be used to convict the person.

* Exigent Circumstances A judge may uphold an officer’s warrantless search or seizure if "exigent circumstances" exist. Exigent circumstances were described by one court as "an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence."

WARNING: If you ever face a real-life police encounter where the officer is urging you to consent to a search, do not try to figure out whether or not the search is legally permissible. You must assume that the search is not legally permissible and that the search will only be legal if you consent. If an officer is in fact legally allowed to search you, you have nothing to lose by refusing to consent.

3. What is "probable cause"?

Click here for information and a complete definition of probable cause.

4. Why do police want to search me?

Simply put, the number of arrests an officer makes is a major factor used to determine his job performance. And police officers know that the easiest way to make arrests is to find people in possession of illegal drugs.
To make one drug arrest, an officer generally has to search ten people. This means that nine innocent people will likely endure the inconvenience and humiliation of a police search so that one law-breaker can be arrested. In some officers’ minds, the nine searches that turned up nothing are easily justified—especially if those people willingly consented to his warrantless search requests.

5. Isn’t refusing to let the police search me an admission of guilt?

No. If a police officer asks your permission to search, you are under no obligation to consent. The main reason why officers ask is because they don’t have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have -- your Fourth Amendment protection against unreasonable searches and seizures.

A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes legal. Consequently, whatever an officer finds during such a search can be used to convict the person.

Don’t expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights before asking you to consent to a search. In addition, police are prepared to use their authority to get people to consent to searches, and most people are predisposed to comply with any request an officer makes. For example, the average motorist stopped by an officer who asks them, "Would you mind if I search your vehicle, please?" will probably consent to the officer’s search without realizing that they have every right to deny the officer’s request.

If for any reason you don’t want the officer digging through your belongings, you should refuse to consent by saying something like, "Yes, I do mind. I have private, personal items in my [car, backpack, etc.] and do not want you looking through them." If the officer still proceeds to search you and find illegal contraband, your attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.

You should never hesitate to assert your constitutional rights. Just say "no!"

6. If I’m not doing anything illegal, why shouldn’t I let the police search me?

The sad fact is that most people believe that they are under some kind of obligation to acquiesce when an officer contacts them and asks permission to search them or their belongings.

The truth is the exact opposite -- you have a right to associate with, and speak to, whomever you please. In this respect, there is nothing special about a police officer. Assuming you would not let a complete stranger look through your purse or search your pockets, why would you allow a police officer to do so -- especially if you’re doing nothing illegal? Just say "NO" to police searches!

7. When do I have to show ID?

This is a tricky issue. 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.

Nonetheless, carrying an ID is required when you’re driving or flying. Driving without a license is a crime, and no one is allowed to board an airplane without first presenting an ID. These requirements have been upheld on the premise that individuals who prefer not to carry ID can choose not to drive or fly.

From here, ID laws only get more complicated. 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.

Currently the following states have stop and identify laws: AL, AR, CO, DE, FL, GA, IL, KS, LA, MO, MT, NE, NH, NM, NV, NY, ND, RI, UT, VT, WI

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.

If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.

If the officer detains you, you'll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you're on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state's laws can help you make the best choice.

Keep in mind that the officer's decision to detain you will not always hold up in court. ‘Reasonable suspicion' is a vague evidentiary standard, which lends itself to mistakes on the officer's part. If you're searched or arrested following an officer's ID request, always contact an attorney to discuss the incident and explore your legal options.

8. What if the police call in drug-sniffing dogs?

Your rights do not disappear if the officer threatens to call in the dogs, so don’t let this all-too-common tactic intimidate you into consenting to a search.

Before the dogs arrive, you have the right to dismiss yourself by asking if you are free to go. But if the officer detains you until the dogs come, remain silent and refuse to consent to any searches.

If a K-9 unit arrives, you should never consent to a dog sniff even if the officer claims you have to (which would be a lie). Remember: Unlocking your car at the officer's request or handing the officer your keys is the same as consenting to a search.

9. What if the officer says he'll go easy on me if I cooperate?

Unfortunately, many people get fooled by some version of this commonly used police officer's line: Everything will be easier if you cooperate. That might be true sometimes, but when it comes to consenting to searches and answering incriminating questions, it couldn't be further from the truth.

10. Aren’t police required to read me my rights?

No. The courts have made clear that police officers do not have to tell people that they can refuse to consent to a warrantless search. In other words, a police officer does not need to read you your rights before asking you to consent to a search. Also, despite the widespread myth to the contrary, an officer does not need to get your consent in writing. Oral consent is completely valid.

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 also 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.

Police officers are often pretty tricky about trying to get someone’s consent to a search. They know that most people feel intimidated by police officers and are predisposed to comply with any request by a police officer. For example, the average motorist stopped by a police officer who asks them, "Would you mind opening the trunk, please?" will probably consent to the officer’s search without realizing that they have every right to deny the officer’s request.

11. Is Flex Your Rights anti-police?

No. we believe that most police officers are good, hardworking people who are doing a tough job. We need police to safeguard the life, liberty, and property of all people.

To do this best, police officers should be trained to serve as peace officers whose goal is to preserve people’s constitutional rights. In other words, the number of arrests an officer makes should not be a factor used to determine his job performance. Instead, performance should be measured by the officer’s ability to maintain a safe, peaceful neighborhood and earn the residents' trust.

12. Aren’t you teaching people how to get away with breaking the law?

No. We teach people that they have rights, and these rights are secured by the principal documents protecting our civil liberties—the Constitution and the Bill of Rights. Our nation’s founders, who were keenly aware of the dangers posed by unchecked government power, created these documents to protect individuals from overzealous law enforcement officials.

For example, an informed individual who invokes his constitutional protections whenever a police officer asks to conduct a warrantless search is doing exactly what the founders intended. The catch is that these rights only apply if they are effectively asserted. Otherwise, people may knowingly or unknowingly waive these rights.

13. How do my rights apply during security checks?

Be aware that private security personnel outnumber police officers in the United States by three to one. As a result, you may be more likely to be confronted by a security guard than by a police officer. You must also be aware of the following places where security personnel (governmental or otherwise) are permitted to search you without a warrant:

Border Searches The Supreme Court has held that an officer does not need a warrant, probable cause, or even reasonable suspicion to search you, your car, or your belongings, at a border. Therefore, any time you cross a U.S. border, you in effect consent to a search.

Airport Searches Be aware that airport security personnel do not need a warrant, probable cause, or even reasonable suspicion to search you or your belongings before boarding any commercial airline. Again, any time you board a commercial airline, you in effect consent to a search.

Private Security Checks Private security personnel have a right to search you as a condition of entry into private property, for example. It is up to the individual 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.

Keep in mind that a security guard can turn illegal drugs over to a police officer. In such a case, the drugs are then admissible in evidence, because the search was conducted by a private security guard. And at the present time the Fourth Amendment does not apply to searches carried out by non-governmental employees like private security guards.

14. What should I do if I am the victim of police misconduct?

If you feel that your rights have been violated by police, do not panic. There are several steps to the process of combating police misconduct, and you must approach them in a calm and organized manner.

Step 1: Write everything down

This step is extremely important and must be completed as soon as possible following the incident. It’s easy to forget small details over time, and there’s no way to know which facts will make a difference later on.

In your own words describe everything that took place from the very beginning of the police encounter to the end. When quoting yourself or the officer try to use exact words. Be specific about the location, time of day, etc.

Also include witness’s names and contact information and the officers’ names, physical descriptions, and badge numbers. If necessary, be prepared to return to the scene of the incident in search of possible witnesses. Doing so may also help jog your memory about other important details.

Step 2: Consult with an attorney

This step is essential if you were arrested following the incident. It is optional, but recommended, if you were not arrested.

Victims of police misconduct are often vigorously prosecuted in order to gain leverage in case the victim files a lawsuit. If you’re caught in a situation like this, you need a good police misconduct attorney immediately. Police misconduct cases are challenging, and lawyers meet a lot of difficult people, so separate yourself from the pack by being calm and well-organized. The materials you prepared in Step 1 will help demonstrate that you are a competent defendant whose case is worth taking.

If you were not charged with a crime following the incident, you may still wish to pursue a civil suit against the police department. An attorney will help you determine whether you have a strong enough case. Proving police misconduct is extremely difficult, so your attorney will choose whether to proceed based on the strength of the evidence, rather than the severity of the misconduct. Do not become upset if you can’t find an attorney to take your case, simply proceed to Step 3.

Step 3: File a Police Misconduct Report

This step cannot begin until all criminal charges and civil actions have been resolved. Filing a police misconduct report prematurely will hurt your chances in court by revealing too much information to the police. Of course, if you weren’t charged with a crime and you’re not suing, the complaint should be filed right away.

The materials you prepared in Step 1 will form the body of your complaint. You’ll be glad you wrote it down back then, because you might be filing your complaint weeks or months after the incident.

Where to file your complaint depends on your jurisdiction, but there’s usually a citizen review board or an office within the police department that accepts them. Entering “police complaint” + “(name of your town or city)” into Google will usually direct you to the correct office. If your town has a civilian review board and an office within the police department that both accept complaints, you should send your report to both offices.

Also take note of whether there’s an official form that you’re required to use. If so, you may have to transfer the information you wrote down in Step 1 onto the correct form. Failing to do so could result in your complaint being rejected arbitrarily. In some areas you might have to call or visit a police office in order to obtain the proper form. When doing so, refrain from discussing the nature of your complaint with any police officer. Police might try to intimidate you by claiming that your particular complaint has no merit. Worse, they may warn the officers involved, which could lead to a cover-up.

Finally, before sending your complaint, be sure to make copies and place them in a secure location. Send your complaint by certified mail so the police cannot deny having received it. You should also send copies to your local ACLU and NAACP chapters.

Finally, keep in mind that filing a complaint does not ensure a prompt response from the police department or civilian monitoring agency. Police departments receive many complaints, so your concerns won’t necessarily receive the individual attention they may deserve. Remember that your complaint creates documentation of an incident and could be used in conjunction with other complaints to illustrate a pattern of misconduct. This information is useful to community activists who work to prevent systemic police abuse in your community. Similarly, your complaint could become relevant in the future if the same officer is accused of additional misconduct. In short, your complaint is important even if you don't get a response.

15. Does the information on this site apply to minors?

Yes. Minors generally have the same rights as adults. For example, minors can refuse searches and decline to answer questions without an attorney present.

Nonetheless, minors face unique challenges when attempting to exercise these rights. Young people are highly susceptible to coercion by authority figures, and are easily convinced to waive their rights. Police will often take advantage of this by telling young people: “You’re underage. You don’t have any rights.” This, of course, is a lie.

Just like adults, minors must understand and confidently assert their constitutional rights in order for these rights to protect them.

The rights of minors are also undermined by the fact that young people tend not to own property. Young people often use shared spaces, both at home and at school, which are controlled by adults. Since property owners may grant access to police and even authorize searches in many cases, young people have a reduced ability to protect their 4th Amendment rights when sharing space with others. The best protection is to clearly mark your own property so that it’s clear that it’s yours. Even your parents can’t consent to a search of something that’s clearly yours alone.

16. Can I be arrested for videotaping or photographing police?

Videotaping or photographing police in public places is usually legal, so long as you don’t interfere with their activities. Nonetheless, doing so will often get you arrested.

Police don’t like to be watched or documented in any way, so they’ll sometimes bend the rules to stop you. We’ve heard many stories about people who got arrested for taping police, and the charges are usually dropped. If you’re taping or photographing police, make sure you don’t interfere, because “obstruction” is the most likely charge, and you’ll want to be able to defend against it.

Despite the risk of arrest, we don’t discourage the taping and photographing of police. Video evidence is uniquely effective in exposing police misconduct. If you acquire video or photographic evidence that warrants an official investigation, create and secure copies of the evidence, then forward it to local police monitoring groups such as civilian review boards, ACLU, and NAACP chapters. You should also obtain legal representation for yourself in case the police department retaliates against you.

17. How does the PATRIOT Act affect my rights during police encounters?

It doesn’t! There are many reasons to be concerned about the PATRIOT Act, but it doesn’t reduce your rights during a routine police encounter. 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 chances are you won’t be sent to Guantanamo Bay for refusing a consent search.

18. What are my rights regarding DUI?

In addition to compromising your safety and the safety of others, drunk driving is one of the easiest ways to create overwhelming legal problems for yourself.

DUI laws vary from state to state, but they have become increasingly harsh over the years. Refusal of breathalyzer and sobriety tests generally carries a punishment equivalent to being found guilty of DUI. While drunk driving enthusiasts often taut “silver bullet” strategies for beating DUIs, there’s really nothing you can do except find a good lawyer and hope you get your driver’s license back someday.

The best way to learn your state’s DUI laws and/or find a local DUI attorney is to run an internet search for “DUI + (your state).”

19. When can police order me out of the car?

During a legitimate traffic stop, police may order the driver and any passengers out of the vehicle. This rule is intended to protect officers’ safety, but it’s often used for investigatory purposes. Police who order you out of the vehicle probably suspect you of criminal activity, so be prepared for a pat-down and maybe a search request.

20. What are the rights of passengers during traffic stops?

Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver’s conduct, and are generally free to leave, unless police become suspicious of them during the course of the stop.

Unfortunately, this happens frequently and the amount of evidence required to detain passengers is minimal. For this reason, passengers must remember to refuse search requests and refrain from answering questions without an attorney present. Police who suspect criminal activity will often separate the occupants of an automobile and question them separately. If their stories differ, this could lead officers to claim that they have probable cause to prolong the detention or conduct a search.

As with any other brief detention, the best way to handle this situation is to ask if you’re free to go.

21. Are police allowed to lie?

Yes. Police are generally permitted to lie if it helps them make arrests. The best example of this is when undercover officers claim not to be police. The rules regarding entrapment usually tip in favor of law-enforcement, so police won’t hesitate to trick you into incriminating yourself or others. This is particularly common during interrogations in which officers might tell you that “your friend already gave you up, so you might as well come clean.”

The best defense against these manipulative tactics is to avoid saying anything to police without first speaking with an attorney.

22. Where does Flex Your Rights get it’s funding?

From people like you! Most of our funding comes in the form of small tax-deductible donations from people who support our educational mission. We’ve also received grants in support of our film projects and a few generous donations from individual philanthropists, but we rely heavily on modest donations and DVD sales in order to cover our operating expenses.

To help support our work, please click here.

23. Can someone else consent to a search of my property?

This depends on the circumstances. The Supreme Court has ruled that any occupant of a residence can refuse consent, even if other roommates agree to a search. Unfortunately, you must be present in order to assert your refusal. For this reason, it’s important to make sure that your roommates understand their 4th Amendment rights in case something happens when you’re not around. You may want to talk to your roommates about how to handle police visits and reach an agreement about how to handle such situations just in case.

As a general rule, police can obtain consent to search from anyone with control over the property. Someone who has a key, or whose name appears on the lease, can legally consent to a search of the property if no one else is present, or if no one else objects. If you rent the property, be advised that your landlord can also let the police in.

Finally, keep in mind that the courts often determine your “expectation of privacy” on a case-by-case basis. Keeping your room locked and maintaining control of your personal space can help protect you if a roommate ever lets police in. If your room is off-limits to your roommates and their friends, courts will often rule that it is off-limits to police as well.

24. I refused a search, but the officer searched me anyway. Was it an illegal search? What should I do?

Unfortunately police sometimes search you even if you refuse consent. If they find anything illegal, you’ll have to get a lawyer and fight it out in court.

If the officer convinces the judge that there was probable cause to search without your consent, then the evidence will be admissible in court. If your lawyer convinces the judge that there was no probable cause, then the evidence will be thrown out and your charges will be dropped. Every case is different so it’s hard for us to tell you how good your chances are in your particular case. Your attorney should be able to tell you what to expect from the judges in your area.

If you’re searched illegally and nothing is found, you should still consider taking legal action or at least filing a complaint. Local attorneys, as well as your local ACLU and NAACP chapters may be able to help you.

25. You recommend never lying to police, but what if they ask if I have illegal items and I do? Should I admit to having illegal items? Should I lie?

This is a tricky situation. Of course you should never admit to having illegal items, but you should also make every effort to avoid lying to police. You’re always free to remain silent, and police may not hold your silence against you as evidence of wrong-doing.

Nonetheless, this is a rare situation where some experts secretly recommend lying. The main reason to avoid lying is because police are good at detecting it, but in this case that doesn’t matter as much because you’re already a suspect if they ask about contraband.

The most important thing is to be prepared for the inevitable next question: “Do you mind if I search you/your car?”

Always refuse the search, and remember that you can’t get in trouble for asserting your rights.

26. When can police search a parolee?

The Supreme Court has recently upheld laws permitting searches of parolees. Currently, only California has such a law, but other states might follow suit in the near future.

In California, parolees can be visited and searched in their homes, as well as on the street. If you live with a parolee, surprise inspections are a possibility. To protect yourself, make sure that your room is kept locked and that your roommates do not have access to it. Even during a surprise visit from the probation officer, your property should not be searched if it’s clear that it was off limits to other residents.

If you’re on probation or parole, or you live with someone who is, always be mindful of the possibility of surprise inspections.

27. What are my rights when I’m boating?

Boater’s rights vary from state to state. Unfortunately, we don’t have a good source on this, so if you find reliable information on boating rights, please send it to us.

As a general rule, treat your boat like a car and refrain from consenting to random searches and inspections.

28. Roadblocks: What’s the deal?

There are several types of roadblocks and they’re quite different:

Sobriety Checkpoints

Also known as DUI Checkpoints or sometimes Driver’s License Checkpoints, these are the most common roadblocks you might encounter. They function as a general purpose investigatory tactic in which police get a good hard look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.

Remember that your Constitutional rights still apply in a roadblock situation. Though police are permitted to stop you briefly, they may not search you or your car unless they have evidence against you or you agree to the search. Bear in mind, however, that if you’re driving under the influence, your Constitutional rights provide very little protection in this situation.

Since the Supreme Court’s ruling in Illinois v. Caballes police also have more leeway to use drug-sniffing dogs in roadblock situations. Unfortunately, the Constitution provides very little protection against this. There’s no need to waive your rights simply because dogs are present, but be advised that your legal options are limited if you’re arrested as a result of a dog sniff during a roadblock. Keep this in mind when decided who or what to bring with you in the car.

Also keep in mind that police closely monitor cars approaching the roadblock. You’re not likely to have any success evading an upcoming roadblock.

Sobriety Checkpoints are generally permitted by the courts, but only if conducted properly. If you’re arrested at a police roadblock always consult an attorney before confessing or agreeing to a plea bargain. There might be some legal options that your lawyer can pursue.

Emergency Checkpoints

Sometimes police will set up temporary roadblocks after a serious crime occurs. The purpose of emergency checkpoints is to capture suspects or to identify possible witnesses. In this situation, police will often allow you to pass through once they confirm that you’re not the person they’re looking for. Of course, police are free to arrest you for minor crimes even if they’re investigating something more serious.

If a serious crime occurs in your area, keep in mind that more police will be on the streets. Officers are often required to work longer hours during emergency periods, which can make them tense and irritable. Use caution in such situations even if you haven’t done anything wrong, and remember that dealing with emergencies is something we want our police officers to do.

Checkpoints Near the Border

Police sometimes set up checkpoints near national borders. These are similar to other checkpoints in that officers may ask questions and check your documents. Police may try to intimidate you in consenting to a search, but remember that being near a border is not the same as crossing it. You have a right to refuse searches at these checkpoints just like the others.

Drug Checkpoints

Drug checkpoints are a trap! 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.

29. Do I need special permission to screen BUSTED in public?

No. Public use of our film BUSTED: The Citizen’s Guide to Surviving Police Encounters is always fully authorized. If you host a screening, please feel free to let us know how it went and how many people were in attendance. Thank you for sharing this valuable information with your community.

30. What are my rights in a college dorm?

College students suffer from an unfortunate lack of privacy rights in many situations. At a state school, the dorm is the property of the state and can generally be searched at the discretion of school officials or campus police. Similarly, at a private school, the dorms belong to the school and can be searched at its discretion as well.

College students still have 4th Amendment rights that apply in other situations, but because you don't own your place of residence, you have no authority to assert a 4th Amendment claim in regards to your room.

Campus policies vary from one school to the next, so it's best to check the policy at your school so that you know what to expect. Some schools offer better privacy protection for students than others, but there's generally no harm in attempting to protect your privacy by refusing searches and refusing to incriminate yourself. We've heard success stories from college students who asserted their rights, so remember that keeping calm and knowing the rules will help improve your odds of avoiding problems.

Finally, we've observed that marijuana smoking is the quickest and easiest way to get in trouble in your dorm. Many schools put significant resources into catching and punishing marijuana users on campus, often resulting in severe sanctions such as arrest, removal from the dorms, suspension, urine testing, fines, parental notification, etc.

31. If police have a search warrant, do they have to show it to me?

No. The Supreme Court has never ruled that police must present the warrant when performing a search. The purpose of the warrant is to establish legal authority to conduct the search and create a paper trail in case the search is challenged. Since executing a search warrant is considered a high-risk activity for police, officers are permitted to enter quickly and forcefully. If you have doubts about the legality of a search warrant issued against you or your property, you'll need to discuss the matter with your attorney.

Remember that police don't need consent to search if they have a warrant. If officers ask for consent to search, always refuse, even if they claim that they have a warrant or that they can easily get one.

32. Do you have state specific information on search and seizure rules, etc.?

Generally not. The Bill of Rights protections that matter most during police encounters are mandated by the U.S. Supreme Court and all states must uphold them. In short, states can offer more protection of these rights than the Supreme Court, but not less. For this reason, the information on our website is legally correct anywhere in the U.S.

Nonetheless, we frequently hear rumors such as "In Washington State, police can impound your car if you refuse a search," or "In Georgia, refusing a search gives police probable cause." Such claims are false. Remember that all states must protect your 4th Amendment rights during police encounters.

There are some variations regarding DUI, identification, and parolee searches, but the best strategies for handling a police encounter generally remain the same regardless of which state you're in.

Flex Your Rights Legal Disclaimer

guess i miss the boat on this one..I am too simple a man I reckon....My wife can search my cell phone, Guess i have the right to tell her no. My boss could ask me at the end of the day if I have something in my backpack..guess i could tell him no....the border patrol could ask to search my coach..guess i could tell them no...now I am not saying lay down and provide the condom..I would ask the need/reason for the search...but at the end of the day..what is gonna get me out of the situation the fastest?
I got nothing to hide....
Guess I am too simple a man...
I know my rights.and know when it is easier just to play along to avoid making a bigger deal out of...nothing...
i got nothing to hide.
I learned a long time ago that polite cooperation is easier than "standing up for my rights".
I dont have to show ID...but if providing it makes a smoother encounter..I'll carry it with me, and offer it up if asked..It's my choice to play nice.
They can run my ID and see who I am, and see for 39 years i dont have a bad driving record or a criminal history..and my picture positively identifies me..that i am not lying, that the reg is mine..that I am above board, and have been honest.
Life doesn't have to be difficult..I just wanna get back to drinking my drink or riding my junk.....as fast as possible without barney looking for the eff you back technical ticket to "show me" who is the boss.
You got the badge and the gun...how can i help you sir?
Do I have id?
Yes sir, here it is sir......
do you know why I stopped you?
No sir, but I figure you'll tell me sir...
It isn't difficult in my eyes......
OR..
you have ID?
Maybe, but I dont have to show you...
OH, get out/off your equipment.....
(let the games begin)........................






choice 2 is not for me.........thats all......

Word.

Easier to STAY out of trouble than it is to GET out of trouble.

Hey Joshua I am not sure if I am reading this right... "On the other hand, if you're on parole in California, for example, revealing your identity could lead to a legal search." Parolees have to give their information. By witholding who the are to LE, they could find themselves back in prison on a parole violation. If you don't want to agree to the terms of parole, finish your term in custody.

As for giving you informatio, I agree there is a time to assert your rights. but you said you were involved in a collision. I would think this would be a time to give up your information. Maybe not your SSN but DL number definately. I am sure they were filing some type of report becuase of the collison and need your info to do so.

Don't get me wrong I can't stand many of the BS things that the BLM rangers do but if it bugged me that much I would just stop going.

i can agree with you on the i.d. thing ,but the search ,i dont agree , i should not have to be searched ,because i have done nothing wrong . i think we need to realize the constitution was written the way it because of a simple concept . " absolute power corrupts absolutley " . think about how much power we give law enforcement with the constitution written the way it is , now think about if did not have rights . to just give them up for convienence sake seems wrong to me , i think our founding fathers would agree ., most of them were willing to die for the freedoms they bestowed on us , that should garner respect from all of us . i think alot of us have become lax in our respect for the rights we enjoy . jmho . tim

My reason for not wanting to give my DL was that I did not want an accident report to reflect on my driving record.(at fault or not)Having an accident on the street is entirely different then having one off road!
Driving on the street is a privilege therefore license required, also privilege can be taken away! Get my point?
If a person is asked to reveal id they must do so (first ,last name VERBAL)
I think that if a person wants to give up 4th amendment right (giving pic id) then they should carry library card,state id or something like that!
Parolees should probably comply with the terms of their parole.
I gave them more then enough info name ,address,phone#. What else would they need. Its e legal to lie about who you are.
Also point is that if more people would flex their rights ,Leos might act less like this is a police state ( you know whats best for you ,not some badge who's job it is to wast your time trying to find something e legal, if you don't ask if your free to go!)

I think assessment of the situation is always smart. I have been stopped and asked for a search of my stuff, and my answer is always- If you can quantify your need to search then i may be willing to allow you to. What is your reason to ask me? Do I look like someone your after?
The police will not ask to search if they can uphold their legal rights to PC...but consent will hold up if your dirty.
If a ranger asked to search my stuff in G, and lets say I had a silly stop like no flag (it broke). I would point blank ask the officer, "if I allow you your search are you going to give me a warning for the flag once you see I am a law abiding person?"

My best advice on this whole issue is simple...wear or have a helmet type cam and keep it on. I have an atk5..it costed me 150 bucks. I would film ad have my film for a judge in court if i got a ticket ad was not wrong.
The litter tickets are BS as they cannot prove it was yours unless they see you drop it. Even a bag of weed on the ground is fightable in court. The law does protect us, if your intelligent enough to know the law. But you also got to be smart enough to realize if you got nothing to hide, then there are times when it is easier to play along.
I can exercise my rights....
and that same ticked cop can sit around and stalk my campsite his whole shift......
what do you want?
Me, go away officer, nothing here, and you discovered that yourself.....it makes for a nicer weekend.....

I have had them come in my camp and sniff around..we played nice..and the rest of the weekend they just would drive by and wave, as we waved back..with our glass beers between our legs.....
now thats what i am all about right there......peace and peace.....

If you have nothing to hide then why not, there is no reason to be a jerk, not saying your a jerk or that you were being one. If they were acting like a jerk and we all know that some of them are just because the dispise our life style. It will make things a lot more simple to just be cooperative. The more your being hard the harder they will be. Also i would think that since you are driving a sand rail technically you are driving.

so you are an attorney? did you just get out of prison? or did you stay at a holiday inn express last night?

As it should be.

I have read a lot of this thread and just to let you know, Laws are written and can be interpreted many different ways. They are written vaguely and that gives them wiggle room to interpret their way and you can interpret your way. No matter what, if you feel like going to the holding cell to prove something, Rock on. I like that and can respect that. If I'm going to get in my truck and drive hours to get to a destination to drive my rail or quads, then if I had my ID with me which I rarely do in the dunes, will get me back on my way quicker, then here you go officer. I have ever been pulled over in the dunes and the older I get the less likely that I even think I will cause when your an adult you do less things that can get you in trouble with the law.

Are these guys just pulling peeps over to just pull them over and harass? If so then the local law enforcement agency should address these problems soon or maybe a LEO will need the public help and they will never get the help due to them hiding behind their badges. Sad but true lots of cops like that.

Last time i was in G my girlfriend was driving her truck and was pulled over. The LEO said they pulled us over because the truck was "bouncing" around a lot. She immediately gave her consent, I later gave her an indepth talking to about her rights, and the LEO went through everything. They proceeded by pulling everything out of her car and laying it on the sand. I mean everything from our soda to my gf's tampons. After about 10 minutes I spoke up and immediately they accused me of having an attitude. My friends looked at me like I was going to send all of us straight to jail. My sister, brother-in-law, uncle, and grandpa have all worked patrol. Needless to say I respects cops. But the BLM and LEO's in Glamis were out of control. They are throwing stones trying to find DUI's and drugs. I dont want drunk people in the dunes but at some point people need to demand the sand patrol to step up their police work and stop hassling young people in trucks.

Honestly every time I stepped foot in a truck we were pulled over, probably about 6-8 times over the 4 day weekend. Never got a ticket btw.

Wow, being pulled over 6-8 times in a weekend would suck. Actually, even being pulled over 6-8 times in a season would suck.

agreed!!

[/quote]
Wow, being pulled over 6-8 times in a weekend would suck. Actually, even being pulled over 6-8 times in a season would suck.
[/quote]

I get pulled over for everything - I am a ticket/ dick cop magnet. You name it I have been cited for it. Tinted windows? yep. Music too loud? yep. 37 in a 35? yep. exhibition of speed? yep (motorcycle). Fix it ticket for no plates on a car on the same street of the dealer i bought it from less than 30 seconds after i drove it off the lot? yep. flag ticket in glamis while i was pulling out a hauler connected to a 5th wheel? yep. Headlights brighter than those from the factory? yep (on my truck) . Excessively noisy exhaust? yep (on my truck) - its a gibson and the law doesn't require a meter, its up to the officers judgement. And believe it or not I am not a giant asshole - i just get written up for everything.

I Just got cited for an unsafe start on a highway - never heard of it? well apparently my sports car is too loud and although I wasn't speeding the sound of my car gave the illusion that i was speeding and that could distract other drivers making it an unsafe situation. And BTW it was on a surface street not a highway.

[/quote]I get pulled over for everything - I am a ticket/ dick cop magnet. You name it I have been cited for it. Tinted windows? yep. Music too loud? yep. 37 in a 35? yep. exhibition of speed? yep (motorcycle). Fix it ticket for no plates on a car on the same street of the dealer i bought it from less than 30 seconds after i drove it off the lot? yep. flag ticket in glamis while i was pulling out a hauler connected to a 5th wheel? yep. Headlights brighter than those from the factory? yep (on my truck) . Excessively noisy exhaust? yep (on my truck) - its a gibson and the law doesn't require a meter, its up to the officers judgement. And believe it or not I am not a giant asshole - i just get written up for everything.

I Just got cited for an unsafe start on a highway - never heard of it? well apparently my sports car is too loud and although I wasn't speeding the sound of my car gave the illusion that i was speeding and that could distract other drivers making it an unsafe situation. And BTW it was on a surface street not a highway.
[/quote]





Sucks to be you. And if you live in Cali, then everything you stated is citeable. Are you a flat-biller by any chance?

HA. Hell no. Yeah I live in Cali - they cite for everything.

Yeap!

joshua,your post made my day today
i read it last night,and today..yep i got pulled over

cop. may i see your drivers license ??
david. whats this about officer
cop. let me see your license first,so i know who im talking to
david. (thinking is he being a dick ??)
david. here you go
cop. registration and ins too
david. here you go
cop. do you have any idea why i pulled you over
david. no
cop. you have no idea at all about why i pulled you over ???
david. (thinking, im starting to think that, this guy being a dick to me)
david. no
cop. well you have a tail light out,and a cracked windshield
davis. ok
cop. dont you think the windshield is a saftey problem
david. no,it is on passenger side at the bottom,i can see fine
cop. no you cant
david. (think ,yea right ok dude.)
cop. have you ever been arrested
david. (thinking,ok confirmed this guy is in fack being a dick to me)
david. what has that got to do with anything ??
cop. sir it's a simple question,im just asking
david. yea i been arrested,hasent everyone ???
cop. for what ??
david. im not going to anser,you dont need to know that,why are you asking ??
cop. sir no need to get excited,im not being excited im just asking.
david. im not being excited,but i know where your going with t
cop. interupts david and says,sir many guys take thease kind of conversations where they dont need to go
david. (percieving a threat)
david. im not ,you are
cop. would you like to continue this out of the car
david. your call sir
cop. step out
cop. mind if i pat you down for my personal saftey ??
david. no thank you,you dont need to pat me down
cop. (starts to look pissed off)
cop. sit here sir
cop. do you have any drugs,or guns in the vehicle
david (thinks to himself,AAHAA,i knew it)
david. no
cop. mind if we search your truck
david. yes i mind,no you cannot serch it
david. (heart pounding loud no,im sure they can hear it omg)
cop. looking really pissed now
david. am i free to go ??
cop. no you are absolutely positively not free to go,you're getting a ticket.
BLA,BLA,BLA.sign here
david. ok we all done ??
cop. yea
david. ok just wanna say 1 thing,you guys didnt miss a drug bust or weapons charge.im a good guy
have a nice day.

they stared at me as i made a u turn and watched me drive away
they wanted to rape me,but couldnt,i was otherwise leagle

it felt good to stand up to them,and stand up for my rights.
the only thing that worries me is,i kinda got off on it
oh snap,whats that mean lol

anyway thanks joshua,the info saved me an hour and much frustration
hate being treated like a criminal..

david

Since when is saying "No, Thank You" being a jerk? It has been implied here that saying 'no' is being a jerk, police will come right out and accuse you of having an attitude if you tell them 'no'.

I think if some one asks, you really can say 'no'.

John

The reason that it was implied is that many people join in on these threads and agree with whoever they think is popular, and don't really apply any logic to what got posted, they just blindly agree with some "just do whatever the man says to get along" crap. It's spouted about as often as the "if you weren't doing anything then you have nothng to worry about" or the "he wouldn't have pulled you over if he didn't have a good reason to" crap that gets spouted by those who continually ignore posts on here, or post without reading first.

It's no accident that "ignore" is the root word for "ignorance." The bottom line is, Joshua is right. Know your rights, or they'll get trampled.

socaldmax, I have a problem with you..... your avatar is no longer walking, and i find that unacceptable....




John

Yeah, I don't know what happened with that.

Do you have to have somehting to hide to exercise your rights. That's where the problem lies. When there is an officer involved shooting does the officer give up his or her rights or do they invoke the 5th and go on administrative leave? do they have something to hide? NO but they are stupid either. Now this discussion isn't about shootings but please tell me where the line in the sand is?
Yet, there have been and still are a lot of assholes out there causing trouble making it bad for us.