How to Flex Your Rights During Police Encounters

Here is a must-see video series describing the ongoing marijuana arrest crusade in the purportedly most liberal city in the US. The series features Friend of Flex Prof. Harry Levine and explains why so many marijuana arrests occur in a city where marijuana possession is technically decriminalized.

Marijuana possession is technically decriminalized in New York City. Yet in 2008 NYPD made 40,000 marijuana possession arrests. How did they do it? Friend of Flex Prof. Harry G. Levine explains how in this excellent Alternet analysis. Few scholars appreciate the connection between easy pot arrests and the waiver of constitutional rights as well as he does.

No. Police are not required to tell you what you're being arrested for. Within 72 hours you have right to be brought before a judge or released. When brought before a judge, that's when the charges against you will be read.

Nevertheless, at the time of arrest, police will typically give you a basic explanation for why you're being taken into custody. Remember to keep your mouth shut and ask for a lawyer.

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

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

Resisting arrest is just like it sounds. If police have probable cause to arrest you and you delay or resist them in any way, you can be charged with a misdemeanor of resisting arrest. Examples of resisting arrest include running away from police or providing an officer with a false ID.

Be aware that officers may threaten to arrest you if you refuse to comply with a search request or refuse to answer their questions. Don't get tricked. You always have the right to refuse police searches ("Officer, I don't consent to any searches") and refuse to answer questions without a lawyer present. ("I have nothing to say. I want to see a lawyer.")

Also, be aware that just touching an officer could get you tasered or beaten and stuck with a felony charge for assaulting a police officer.

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

No. If you're arrested you have the right to remain silent and to see an attorney.

If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.

Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.

If you are innocent, it is especially important not to talk to the police until you have a lawyer. Our prisons are full of people who claim they are innocent, and many of those people are actually telling the truth.

To learn more, watch the famous "Never Talk to the Police" lecture by Regent University Law School Professor James Duane. It's followed up by an equally compelling lecture by Officer George Bruch who talks about how he successfully interrogates suspects.

If you're arrested you have the right to remain silent. You have the right to an attorney. You have the right to be brought before a judge within 72 hours and charged. And you have the right to be treated fairly under the law.

If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They're your best protection if you're under arrest.

Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.

No. Many people believe that they can "beat the case" if the officer doesn't read them their Miranda rights during an arrest. This is a myth.

The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if you're placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do not need to read you your rights unless they want to question you about an unrelated crime.

The courts have made clear that police do not have to tell you about your right to refuse searches. Also, despite the myth to the contrary, an officer does not need to get your consent in writing; oral consent is completely valid.

New FBI data shows that more people were arrested for marijuana last year than ever before. It’s a harsh reminder that police still spend a lot of time and resources trying to catch people with small amounts of pot.

This story from New Orleans shows how great the stakes can be during even the most routine encounter with police. Suppose a friend carelessly leaves a little pot in your car…