Even before the Columbine and Sandy hook tragedies unleashed the latest wave of zero tolerance policies in public schools, the courts have struggled over the basic question of how to handle search and seizure in public schools. In particular, the courts have attempted to balance basic 4th Amendment protections against the desire of school administrators […]
General Questions
Keep in mind that while certain laws and police practices vary from state-to-state, our information applies to practices that apply in all 50 states.
Traffic Stop
How To Avoid Getting a Traffic Ticket
You always wear your seatbelt — even when playing Grand Theft Auto. You yield to pedestrians — who have yet to be conceived. You drive so defensively that Chuck Hagel calls you for advice. You are The Most Careful Driver in the World! Okay, you might not be The Most Careful Driver in the World. […]
General Questions
Does the Constitution apply to rights of military members?
Military members do not have the same rights against police searches of their home without a warrant as civilians. Specifically, military members who are housed in dorms, barracks, or deployed housing are subject to inspection. … Continued
General Questions
Flex Your Rights in UK, Canada, Australia, and Commonwealth Nations
“I am from Canada. I was just wondering if your DVD’s contents and teachings for police encounters and rights relate to Canada’s laws as well.” – Yannik “My question is if you know of anything that you have used in your videos that would be helpful for somebody like me to be able to say […]
General Questions
What Are My Rights When Marijuana is Legal?
With the passage of the nation’s first marijuana legalization measures in Colorado and Washington, we’re getting a lot of inquiries about how these changes in marijuana policy might impact basic rights during police encounters. … Continued
Traffic Stop
What are my rights at various “checkpoints”?
There are four general types of checkpoints you might encounter: DUI checkpoints, U.S. border checkpoints, drug checkpoints, and TSA checkpoints. In a legal sense, they are not all created equal. So depending on which one you encounter, you’ll want to be prepared to flex your rights appropriately. DUI Checkpoints Sobriety checkpoints – also known as DUI checkpoints […]
General Questions
Am I allowed to record police?
This article by Steve Silverman originally appeared April 5, 2012 in Reason.com. It’s been updated to include new information regarding recent rulings in favor of citizens’ right to record police. Last week the City of Boston agreed to pay Simon Glik $170,000 in damages and legal fees to settle a civil rights lawsuit stemming from his 2007 felony […]
Traffic Stop
When can police use drug dogs?
In Illinois v. Caballes, the Supreme Court ruled that police do not need reasonable suspicion to use drug dogs to sniff a vehicle during a legitimate traffic stop. This decision stems from the case of Roy Caballes, who was pulled over for speeding and subsequently arrested for marijuana trafficking after a drug dog was brought […]
Traffic Stop
What if police say they smell marijuana?
If police say they smell marijuana, you’re in a tough situation. Courts have ruled that the odor of contraband gives officers probable cause to perform a search. For this reason, police are quick to claim that they smell something and sometimes they might even lie about it. … Continued
General Questions
How long can police detain you?
That depends. The answer is as long as it reasonably takes police to conduct the investigation. For example, if you’ve been stopped for speeding, police can technically only detain you long enough to check your paperwork and write you a speeding ticket. … Continued
Traffic Stop
At Your Door
General Questions
Popular Myths