1. Flexing your Rights
KEEP IN CAR
(Note: This is not to promote
criminal activity, This is to inform
citizens how to flex their rights when
encountered by a power hungry
authority figure)
By Brandon C.

2. Make the cop feel comfortable
• As you get pulled over, make sure all passengers
hands, including yourself, are visible immediately.
• If it’s night time turn on your dome light
• Roll down your window
• Say yes sir and no sir
• When asked to show documents, tell the officer where
they are before you reach for them, and reach slowly.
• Keep your cool, Nervousness can make for
suspicion, not reasonable suspicion, do not give up
your rights.

3. Refusing A Search
• If a police officer has reasonable suspicion to search your
vehicle, it’s best to cooperate.
• Consenting to a search request automatically makes the
search legal in the eyes of the law.
• You always have the right to refuse search requests by
stating the most important sentence you will ever
learn, “Officer, I don’t consent to any searches.” Repeat, if
necessary.
• Most vehicle searches occur because people get tricked or
intimidated into consenting to search requests.
• Police must have clear facts or evidence to believe you’re
involved in criminal activity
• Fore more info on probable cause go to slide 5.

4. The Fifth Amendment
• 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.
• 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

5. Probable Cause
• Be aware that minor traffic violations (e.g.
speeding, broken tail-light, or expired registration) are not
considered probable cause.
• Generally speaking, probable cause for an arrest “…means
more than mere suspicion. There must be facts and
circumstances within the officer’s knowledge, and of which
he has trustworthy information, sufficient to justify the
belief that of a reasonable person that an offense has been
or is being committed. ” State v. Penland, 174 Conn.
153, 155, 384 A. 2d 356, cert. denied, 436 U. S. 906 (1978).
On the other hand, to establish probable cause, it is not
necessary to produce a quantum of evidence necessary to
convict. State v. Paoletto 181 Conn. 172 (1980), citing
Draper v. U. S. , 358 U. S. 307, 311 (1959).

6. Police at my door
• The Supreme Court has ruled that the home is entitled to maximum search protection. Even if they
have probable cause to believe something illegal is going on inside your home, the 4th Amendment
requires police to get a signed search warrant from a judge to legally enter and search.
• The major exception to the search warrant requirement is where consent is given to an officer’s request to
enter. If, for example, an officer is legally invited into your home, any illegal items that are out in the open
– or in “plain view” — can be seized as evidence, which can lead to an arrest. That being the case, it’s
always wise to keep any private items that you don’t want others to see out of view of your entrance area.
• Don’t Let Them Inside
It’s a good safety habit to determine who is at your door before opening it. If after looking out the
window, through your peephole, or asking “Who is it?” you find police at your door, you have several
options that may help keep them from unexpectedly entering.
• 1). If you’re concerned they might try to force an entry, you may greet them outside after exiting through
another door.
• 2). You may speak with officers through the opening protected by your chain lock.
• 3). If police come to your door and you don’t require their help, you may simply decline to answer the
door at all. Unless they have a warrant, they will eventually leave.
• Determine the Reason for the Visit
While you might not be pleased to have police at your door, it’s wise to treat them as you would any other
unexpected visitor. Calmly and respectfully ask, “How can I help you?”
• In many cases, an officer’s visit will have little to do with you or be something you can easy fix. For
example, an officer may be seeking information about a crime committed in your neighborhood. Or she
might be responding to a noise complaint. If so, it’s wise to apologize for the inconvenience, then turn
down the music or bring in your barking dog from the backyard.
• In other instances, an officer might want to investigate activities taking place in your home and ask to
enter. You might even be a suspect in a criminal investigation. In such a case you should remain silent —
except to say “Officer, I can’t let you inside without a search warrant.” Following such an encounter, you
should immediately contact a lawyer before speaking to police again.

7. Police Detentions
• Police may detain you 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. However, if
the officer discovers evidence of other criminal activity during the
stop, they may legally prolong 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.

8. K-9 Search
• The Caballes ruling authorizes police to walk a drug dog around the vehicle during
any legitimate traffic stop. If the dog signals that it smells drugs, police then have
probable cause to conduct a search.
• However, the ruling does not allow police to detain you indefinitely until dogs
arrive. The legitimacy of the traffic stop still depends on its duration. Basically, if
police can’t bring a dog to the scene in the time it takes to run your tags and write
a ticket, the use of the dog becomes constitutionally suspect. So if you’re pulled
over and police threaten to call in the dogs, you are not required to consent to
searches.
• The ruling also does not apply to the use of police dogs in situations other than
legitimate traffic stops. For example, suspicionless dog sniffs in parking lots or on
sidewalks are not authorized by Caballes, and the Court has found random drug
checkpoints unconstitutional. Nonetheless, the Court’s “no privacy interest in
contraband” doctrine is a nasty one, but it might open up possibilities for future
legal challenges.
• A recent Chicago Tribune field study revealed that drug dogs are more often wrong
than they are right when alerting for drugs in vehicles. (Worse, police often train
their dogs to falsely “alert” on suspected vehicles.)

9. Recording Police
• Rule #1: Know the Law (Wherever You Are)
• Rule #2 Don’t Secretly Record Police
• Rule #3: Respond to “Shit Cops Say” (Say something like “Officer, I’m not
interfering. I’m asserting my First Amendment rights. You’re being documented and recorded offsite.”)
• Rule #4: Don’t Share Your Video with Police
• Rule #5: Prepare to be Arrested
• Rule #6: Master Your Technology
• Rule #7: Don’t Point Your Camera Like a Gun
• For more info on rules for recording police go to
http://www.flexyourrights.org/7-rules-for-recording-
police/, Remember each state has different laws on
this, so Read up.

10. EDUCATE OTHERS
• Educate Friends & Family
• As is often the case, a naïve friend, family
member, or roommate may invite police into
your home. They too should be aware of their
right to refuse police entry.

11. Sources
• "What Is Probable Cause?" Flex Your Rights. N.p., n.d. Web. 11 Dec. 2012.
• "Don’t Police Have to Read Me My Rights?" Flex Your Rights. N.p., n.d.
Web. 11 Dec. 2012.
• "The Free Automatic Bibliography and Citation Maker." EasyBib. N.p., n.d.
Web. 11 Dec. 2012.
• "PROBABLE CAUSE TO ARREST-DRUGS IN MOTOR VEHICLES." PROBABLE
CAUSE TO ARREST-DRUGS IN MOTOR VEHICLES. N.p., n.d. Web. 11 Dec.
2012
• "7 Rules for Recording Police." Flex Your Rights. N.p., n.d. Web. 11 Dec.
2012.
• "How Long Can Police Detain You?" Flex Your Rights. N.p., n.d. Web. 11
Dec. 2012.
• "When Can Police Use Drug Dogs?" Flex Your Rights. N.p., n.d. Web. 11
Dec. 2012.
• "Police at My Door: What Should I Do?" Flex Your Rights. N.p., n.d. Web.
11 Dec. 2012.