How to Flex Your Rights During Police Encounters

People who’ve had bad experiences with police have sometimes responded negatively to our materials, arguing that police will simply take things to the next level if you refuse a search. Here’s an interesting example from Florida, in which police were forced to drop the charges after wrongfully arresting a suspect who refused a search:

Constitution Day is an opportunity to celebrate the fundamental rights and freedoms we enjoy as Americans. But for many, it also provides an occasion to take note of all the ways in which the promise of liberty handed down by our forefathers has been broken time and again as our criminal justice system grows sufficiently enormous to terrify even the best-behaved among us.

In response to my previous post, Barry Cooper acknowledges that refusing consent can work, but maintains that this is a rare outcome. Similarly, WindyPundit notes on his blog, and in comments here, that recent Supreme Court decisions have dramatically weakened the 4th Amendment protections of motorists.

I propose the following addendums to Barry Cooper's advice regarding consent searches in Never Get Busted Again Vol. 1: Traffic Stops. This information is intended to help those who have private items that aren't well hidden, who are concerned that passengers may have stashed unknown items, or who have nothing to hide and wish to protect their 4th Amendment rights. I urge Barry Cooper to disseminate this information via his email list.

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

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