Being on the blunt edge of technology, I've just subscribed to my first podcast. Created by rockstar attorney, David Clark (AKA: Smoove D.), the show celebrates the myriad reasons why the 4th Amendment, um, rocks.

Enjoy!

Our response to the new random search program on public transportation in DC is continuing to generate media hits, including a negative reaction to our work in The Washington Times.

The editorial includes factual errors regarding the breadth of the program and even accuses Flex Your Rights of endangering public safety. It's revealing that our only opposition got the facts completely wrong. Fortunately, Washington Times published my response today, setting the record straight about why we do what we do.

I also appeared on DC50's Weekend News with Chris Core to discuss random searches and the 4th Amendment. Metro officials declined to appear on the show, apparently unwilling to debate us.

Finally, Steve has an Op-ed in Sunday's Washington Post discussing the limitations of random searches as a public safety measure.

We're proud of our recent success, but it's a real shame that it takes an ill-conceived random search program to generate public discussion of basic constitutional rights. We can only hope that by responding forcefully to this latest threat to our civil liberties, we've sent a message that such encroachments will not be tolerated in silence.

In response to the random search program announced yesterday by the Metro Transit Police, we've prepared this handy guide to protecting your rights when using public transportation in the Washington, D.C. area.

We'll also be organizing some volunteers to help distribute flyers about the program at various Metro stations. Please contact us if you're interested in helping out.

Metro officials announced today that they will begin randomly inspecting backpacks, gym bags and any other containers that riders carry with them onto the bus and rail system, in an effort to deter possible terrorist attacks.
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In the searches, transit police will choose a random number ahead of time, such as 17. Then they will ask every 17th rider step aside and have his or her bags searched before boarding a bus or entering a rail station.

Police said the inspections would take between 8 to 10 seconds. Those who refuse will not be allowed to enter the system with their carry-on items but will not be detained. [Washington Post]

Will this really make a difference?
Yes.

Pensacola City Council candidate Jeffrey A. Humbles will not be prosecuted in connection with resisting a law enforcement officer, the State Attorney's Office said.

The decision was made Wednesday after investigators with the State Attorney's Office finished reviewing his case.
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A Sheriff's Office report regarding the incident said a K-9 unit alerted on Humbles' vehicle, indicating the possible presence of narcotics. The dog's action gave deputies probable cause for a search, Escambia sheriff's spokesman Glenn Austin said.

After Humbles refused multiple times to give deputies keys to his locked vehicle, he was arrested on a charge of resisting a law enforcement officer without violence.

Once in custody, Humbles gave his keys to deputies, who opened the locked vehicle and searched it. No narcotics were found, the sheriff's report said.
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Humbles said deputies violated his civil rights by searching his locked vehicle. "The Constitution is there to protect everyone, and it works," he said. "Those words have value and meaning, and we need to keep them alive to protect our rights.

"We have the right to privacy and the right against illegal searches and seizes. And that makes us America. That's what make this country great." [Pensacola News Journal]

I was driving from New York to D.C., and I was pulled over going through Baltimore. The officer asked if I knew why he pulled me over. Having recently seen Busted, I made it a point to say, "I don't know," instead of "speeding." He said he wasn't going to write me a ticket, but wanted to search the car because they "were seeing a lot of drugs going through the area." I told him I was in a hurry and really didn't feel it was necessary. He tried to get all buddy-buddy and make it seem like I should "just help him out." He said his boss really wanted them to be checking cars, so he'd "really appreciate it." At this point, I said I did not wish to consent to a search and asked if I was free to go. He said "yes" and I drove off.

Mason T.
Denver, CO

We had a Know Your Rights training (and showed Busted) for the American Indian Community at the IndianWorks community center. One woman who attended told us that her son and his friends were being harassed by a police officer assigned to his high school. The officer stopped them repeatedly when they hung out after school and constantly demanded to search their bags. Although her son was not at the training, she was eager to show him the information and she went home and ordered Busted off the website.

She called a month later to say that when the officer stopped her son and his friends as they walked home from school and demanded to search their backpacks, her son said, "Officer, am I being detained or am I free to go and I do not consent to a search" all in one sentence. The cop turned red in the face but returned to his squad car, sped off and has not bothered them since. With such great results, the mom has been showing Busted to all of the neighborhood youth.

Michelle G,
Minneapolis, MN

Just two days ago I had an unfortunate run-in with the police. They were already in my house, to respond to an emergency that my friend was having. Due to the nature of his emergency, they requested a search of my house. Immediately, everything from Busted came rushing back. I think the only things I said (and repeated) were "I do not consent to a search", "Are we free to go to the hospital now?" and "I think I need to contact my lawyer." When I said "lawyer" the cop backed off. But I just couldn't believe how astounded he was that I refused the search. He insisted that it meant I had something to hide over and over. And, too, the use of silence really came in handy. I have never been in a situation like that before, especially with the cops already inside my house. So, thanks for Busted. That truly saved me. It was the only thing I thought of the entire interrogation. Things could have turned out differently otherwise.

Stephanie H.

ABC's 20/20 covers the tragic death of 23-year-old Florida girl, Rachel Hoffman. Caught with what the Tallahassee police chief described as "about a baggie" of marijuana, she was tricked/blackmailed/threatened into becoming a police informant.

The chief blames Rachel for her death, repeatedly calling her a drug criminal. But it is clear that he is a scoundrel defending incompetent, callous officers who sent a sheep into a lions' den.

As I think of Rachel, I can't shake the terrible thought that a little know-your-rights education could have saved her life.

The flood of new felony charges didn’t target murderers, rapists or armed robbers — they targeted small-time marijuana users, sometimes caught with less than a gram of pot, and threatened them with lengthy prison sentences.

The resulting impact has clogged the courts with non-violent, petty offenses, drained the resources of the criminal justice system and damaged low-income African-American communities, [Orleans Public Defenders Office Chief of Trials Steve] Singer said.
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A first-time marijuana possession charge in Louisiana is a misdemeanor punishable by up to six months in prison but typically results in a small fine. A second offense is a felony that can carry up to five years in jail and a third offense up to 20 years.
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Some say Landrum-Johnson’s decision to buck history and charge marijuana users with felonies is a political decision meant to assist in her run for Orleans Criminal District Court Section E judgeship. By prosecuting thousands of marijuana possession cases as felonies, Landrum-Johnson can then go to the voters of New Orleans and claim she is "tough on crime," [Tulane University criminologist Peter] Scharf said. She can point to the massive increase in felony prosecutions under her tenure without explaining that those prosecutions were for people holding joints and not guns, he said. [New Orleans CityBusiness]

All of this serves to illustrate the magnitude of the injustices still taking place in our criminal justice system on a daily basis. Laws vary from one place to the next, as do the personalities of the people enforcing them. It is not uncommon for disturbingly harsh penalties to remain on the books unenforced, only to one day be thrust upon an unwitting offender at the whim of a politically motivated prosecutor. Even in regions where marijuana enforcement is notoriously lenient, such as the west coast, one can still lose federal financial aid for college based on a minor possession conviction. Moreover, marijuana itself is ubiquitous, creating limitless potential for it to be found in the vicinity of innocent people.

So knowing your rights isn't just for pot-smokers (although any American who enjoys marijuana should know the 4th amendment like they know their own name). The point is that the volume of unjust outcomes produced by our criminal justice system remains far too great for that system to be regarded as infallible by any sensible person. The fact that a law exists which authorizes a 5 year felony sentence for second-time marijuana possession and that prosecutors are actually enforcing that law ought to more than establish the deep fallibility that often characterizes the administration of justice in our nation.

In this climate, asserting your rights is not a perfect or foolproof solution, but it is indeed the method by which our forefathers intended for average people to shield themselves from government abuse. And it often works beautifully. So as we wait for meaningful and lasting reforms to finally purge our criminal justice system of the gratuitous disparities and injustices that continue to fester before our eyes, at least we know what to say when the long arm of the law swings in our direction: "Officer, I don't consent to searches. Am I free to go?"