Author Archives: scott

Video: Flex Your Rights Protests Random Searches in D.C.

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On Wednesday, Flex Your Rights brought together numerous allies, volunteers and friends to protest random searches on public transportation in the Nation’s Capital. The effort was aimed at voicing opposition to the new search policy, while educating the public about the 4th Amendment right to refuse police searches.

The event generated considerable media attention, including the Washington Post, the Washington CityPaper, and local ABC and NBC affiliates:
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The Citizen’s Guide to Refusing DC Metro Searches

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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.

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Refusing a Search Doesn’t Mean You’re Guilty

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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:

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Happy Constitution Day!

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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.
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We Support NYPD’s Plan to Use Written Consent Forms

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Since many of our supporters may be skeptical of NYPD when it comes to matters of search and seizure, I’d like to clarify that this is a very good thing:

The New York City Police Department wants suspects to sign a consent form before searching their homes or cars, a move that eliminates the need for a warrant and is meant to provide police a layer of legal protection, Newsday has learned.

The initiative was put in place because consent searches are often challenged at trial – and jurors too often believe the suspect’s claim that police never got permission to conduct the search, police sources said.

At the same time, sources said, there has been concern within the NYPD about a handful of cases in which an officer’s truthfulness was recently called into question. [Newsday]

Written consent policies are a win-win situation for police and the public. When consent is given in writing, police have an easier time demonstrating in court that consent was given voluntarily. Since evidence seized during a consent search is almost always legally admissible, defendants challenging such evidence must argue that consent was given involuntarily or not at all. As a result, police spend a considerable amount of time in court defending the manner in which consent was obtained. A written form goes a long way towards resolving such conflicts.

For the citizen, written consent provides a quick reminder that permitting searches is optional, while simultaneously creating an added layer of protection in disputes over whether consent was given voluntarily. The form will go a long way towards resolving widespread concerns about police erroneously claiming to have received consent before conducting a search.

Finally, there’s an additional important point illustrated here. As Newsday reports, “jurors too often believe the suspect’s claim that police never got permission to conduct the search, police sources said.” For anyone questioning the viability of refusing consent during a police encounter, this should go a long way towards explaining how asserting 4th Amendment rights can help citizens achieve a more desirable outcome. It serves as a helpful reminder that, even if police violate your rights and search despite your refusal, any evidence they discover can be effectively challenged in court. Obviously, this is a frequent occurrence if NYPD cites such outcomes as a reason for moving towards a written consent policy.

Given the significance of the citizen’s decision whether or not to permit police to look through his/her belongings, a written form is just the obvious, common sense approach to establishing whether consent was given.

Update: Pete Guither at DrugWarRant has a good post discussing the NYPD policy and explaining why it is never in the citizen’s interest to consent to a police search.

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