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.

This is a tough situation. Smelling marijuana does give police probable cause to search your car. For this reason, police are quick to claim that they smell something and sometimes they might even lie about it. All you can really do is say, "Officer, I have nothing to hide, but I don't consent to any searches." If they search you anyway and something is found, you'll need an attorney to help you fight the charges.

Unfortunately, police sometimes use tricks like this to circumvent your constitutional rights and there's no perfect way to handle the situation. Of course, they are most likely to do this if they are suspicious of you for some reason, so do your best to stay calm. In many cases, the officer will mention marijuana just to see how you react. If you appear nervous, the officer's suspicions will escalate.

Police often think they can tell by looking at you whether you're a "pothead," so be extra careful if there's anything about your appearance that might draw their attention. How you dress and what kind of vehicle you drive is a personal choice, but police definitely look out for certain "stoner" stereotypes. If your look makes you stick out, you should think carefully about what items to keep in the car with you.

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…

In a fascinating NYT article on overzealous marijuana policing in New York City, I found this rather revealing passage:

We've got some more required reading for all you "4th Amendment is dead" fools who keep farting on our freedom parade. I know, there's no shortage of police, judges, and prosecutors who can't find big enough boots to trample your rights with. Believe me, I know. But the law evolves over time, as does the behavior of our public servants. This month brought a couple examples of the ability of State Courts to set a high threshold of 4th Amendment protection for the citizens they serve.