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As I was telling him, probably the guys that need this most are probably hungover in their hotel rooms or sitting down in the jail, one of the two.

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But no, we've probably got a mixed crowd in here, maybe some federal agents.

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The other one's frowning, probably, so that might be a good way to pick them out.

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And my name is Steve Dunker.

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I'm a college professor.

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I teach criminal justice and paralegal at Northeastern State University in a town called Tahlequah, which is near Tulsa, Oklahoma.

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It's Indian country.

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And what I'm going to talk about today is something, even though the title is Hacker's Guide, this is something that everybody, it doesn't matter who you are, it's good information you can use.

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And as far as law enforcement agents who are here, don't frown at me too much.

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I think you're going to agree with everything I say.

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I think even the hackers who are here today are going to agree with everything I say.

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Let me start out by saying this.

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What this talk is really about is the Constitution of the United States and how important it is in our life every day.

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Let me give you a little bit of background about myself.

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I used to be a police officer.

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I was a police detective.

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I worked major case squad for a little while.

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I've investigated everything from parking tickets to a couple murders.

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So I'm not anti-police as long as you're following the Constitution.

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I think you have a hard time finding any police officer who's going to say, I'm against the Constitution.

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There's only a handful of officers, in my opinion, who make everyone else look bad.

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In fact, they really irritate most good officers.

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But back to the Constitution.

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One thing we need to start right off and know about the Constitution is, in fact, it's a tool that restrains the federal government and the state governments from doing certain acts against the public.

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And that's what it's for.

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It doesn't restrain the citizens.

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It restrains the federal government and the state governments.

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So that's what we're going to look at.

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So when I say agent or officer or police, keep in mind that's who we're talking about.

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We're not talking about the security guards who are riding their bicycles around the hotel today.

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We're not talking about any other private agency who's out there, private corporation.

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They're not restrained by the Constitution.

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Just the government.

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I'll get my PowerPoint to work here.

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These are four categories that an officer can step in and do what's called a stop.

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And we're going to go through these four categories.

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The first one has actually been in the news lately.

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And that's the voluntary stop.

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And those of you who are from New York, you've probably heard of this.

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This is where the officers are coming up to people on mass transit and asking to search their bags.

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This is what's known as a voluntary stop.

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They have the legal right to do that.

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An officer can come up to anyone at any time and ask to search.

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Now, the key is that you don't have to give them permission.

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You have the right to say yes or no.

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Now, there is obviously some...

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Yeah, I'll get this right yet.

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There is some pressure, obviously.

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If a police officer comes up to you and asks you to look in your backpack, I'll tell you right now, 99% of the people in this room are going to say yes.

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And you've probably wondered when you watch TV and you hear news reports about...

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Actually, I was watching TV last night.

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I don't know if anyone else saw this.

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The news was on.

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Maybe I was the only one here who was actually in their motel room for the news at 10 o'clock.

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But actually, if you were, if you're an old middle-aged guy like me, I was in my room at 10 o'clock watching the news.

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And it came on about a drug dealer.

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And what happens is the police, the local police, went to his house and they asked if they could come in.

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And he said, yeah, sure.

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And once they came in, he voluntarily told them he had a bag of marijuana.

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And then they asked, well, you've got this bag of marijuana.

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Do you think it would be alright if we searched the rest of your house?

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And he says, yeah, sure.

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And so what happens then?

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Well, they find five individually packaged packages of methamphetamine.

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And then they find the sawed-off shotgun.

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Now you're wondering, what was that guy thinking?

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He must have been high, right?

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I mean, why else is he going to give permission?

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Well, there is some pressure.

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A lot of pressure on people.

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I went to law school.

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I am an attorney.

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And two of my professors, one of them, she actually used to be a federal prosecutor.

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And obviously they're both attorneys.

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And just the fact that they are law school professors means that they're pretty smart.

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Well, these two professors were on an airplane.

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I went to law school in Kansas City.

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They came back from a seminar.

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And they were stopped by two DEA agents in the airport.

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And they said, hi.

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Basically the DEA agents introduced themselves and said, would you two mind coming with me to our office?

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We'd like to talk to you about your flight.

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Now, let's put it this way.

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Most of us, and they're no exception, the DEA shows up and says we want to talk to you about your flight, you feel a lot of pressure, right?

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But you think if anyone would know better, these two law professors would, an ex-federal prosecutor, and they're both members of the ACLU, they're going to know what their rights are.

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But in fact, they felt pressured.

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And in fact, they went back to the DEA office there at their airport, and they consented to a search.

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Now, trust me, these two women are no way drug dealers.

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And I'm just kind of suspicious of why they were even stopped.

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I was half wondering if they were stopped just so the federal agents could get their ratios down.

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In other words, they need two white women to add to their tally as far as who they've been stopping.

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If you stop too many people of one race, you can get yourself in trouble.

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But I don't know if that's what was going on.

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I have no way of knowing.

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But the fact is, these two women, who should have known better, did everything that DEA agents asked them to.

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So one thing we need to just remember, it's okay to say no.

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And no means no.

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Our next category is investigative stops.

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Investigative stops are probably what you guys are most used to.

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You're driving down the road and you get stopped by the police.

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An investigative stop requires that there's some type of reasonable suspicion.

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And this can be anything.

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I would say, when I was a police officer, I've made thousands of stops.

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And out of those, I'd say 95% were probably just plain old investigative stops.

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Something was going on that piqued my interest in that car.

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The one thing I noticed over in the room, they're selling the little license plate borders.

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The one that says, I love war driving.

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If you put that on your car and you're waving a Pringle can out the window, that is a reasonable suspicion to a police officer who has knowledge.

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Think about it.

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If you do that, you're just asking for trouble.

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Police officers, that's what they do.

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They drive around.

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It's their job.

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They answer calls.

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And if they see anything suspicious, it's their job to stop you.

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So you've got to have a little bit of...

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I guess if the vendor's here, he's going to get mad at me.

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But I'm not sure you should buy a war driving license plate cover if you're actually a war driver.

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Let's talk about roadblocks for a second.

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And I actually, as a police officer, I was really...

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I hate roadblocks.

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I think it probably has to do with the fact that when I was younger, back in my time, they had all the war movies involving Nazis.

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And the Nazis, the bad guys, always had the roadblock, right?

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Papers, please.

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And even when I was a police officer, I refused to participate in roadblocks.

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I mean, they still went on.

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It's not like, oh, Dunker's not going to do it.

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Let's shut down the roadblock.

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But they're out there.

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And I'm going to cover some of the more common ones that you need to be aware of.

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Probably the most common one is DWI roadblock.

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DWI roadblocks or DUI roadblocks.

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Drunk driving roadblocks in all kinds of terminologies being used.

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They are valid as long as a procedure is followed.

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And that is set down by the United States Supreme Court.

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And for you, as you come up to the roadblock, that procedure at that point in time doesn't really matter to you.

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What matters to you is if you get arrested.

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And then you can have your attorney examine the procedures and make sure they're followed.

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And just a little side note, what are those procedures?

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Well, they have to publish it in the newspaper.

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There's a good reason.

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Those of you who are drunks, if you're not so smart drunk and you try to drive, you better read the newspaper because they'll tell you about them.

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DWI roadblocks are probably the one that most people support because there are a lot of people injured and killed by drunks.

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And that is probably something that needs to be cut down or is something that needs to be cut down.

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But we have other types of roadblocks.

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Driver's license registration and insurance checkpoints.

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Have you ever been through one of those?

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Fleeing felon checkpoints.

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Crime witness checkpoints.

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These are the type of checkpoints that we saw with the D.C.

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snipers.

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The guys were shooting up the place and one of the responses law enforcement had was to put up roadblocks.

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Now, none of us are snipers here today, but you can still get yourself in trouble with a roadblock.

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Let's say they have a felon roadblock up and you pull up and you're drinking a can of beer.

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What's going to happen to you?

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Do they let you go?

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Now, if you pull up to a roadblock that's for some reason, let's say you're a game warden roadblock and they're looking for poachers and you pull up there and you have some other violation, smoking grass or whatever, they're going to take you in.

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So be aware that most roadblocks are valid.

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There's not a whole lot you can say or do about them.

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And you can't depend on getting out of trouble by pleading some sort of unconstitutional issue with a roadblock because most of them are illegal and you're going to have to bite the bullet.

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Alright, what can an officer illegally arrest an individual?

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Well, you have to have what's called probable cause.

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Probable cause, as you can read there, exists when there's enough facts and circumstances to lead police officers in the light of their experience to the reasonable belief that a person has committed or is committing or is about to commit a crime.

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Now, if we go back to our war driving example, you got the license plate, you got some contraption that actually looks like a Pringle can, and you're waving it out the window and there is a laptop in your possession.

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Now, I'll tell you right now, in my experience, most police officers actually won't even know what you're doing.

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But if you run into one who actually realizes what's going on, is that probable cause?

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Well, when you read this statement, it sure is.

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They're going to be able to at least search your car.

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Now, the big question some of you have right away, how do they know I'm war driving?

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Just because I have a laptop and a Pringle contraption, right?

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Is this officer going to start rummaging around on my laptop trying to figure out if I broke into a network?

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The answer is no.

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Unless they're inexperienced, someone who doesn't know what they're doing might try to get in your laptop.

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But the chances are, you're at least going to be searched.

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You're at least going to be stopped.

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Are you going to be arrested?

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Maybe.

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Depends.

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Depends on the expertise of the officer.

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But if we transfer it to something else, let's say you're with your friends, you're driving down the road, and one of the four in the car is drinking a beer.

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You get pulled over for speeding.

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The officer comes up, wants to see the driver's license and insurance, and notices a can of beer, which someone threw underneath the seat and is now leaking all over the floor mat.

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I don't know if you've been there.

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You know, the old hide the beer, hide the beer.

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It's the cops.

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Does the officer even have to see the can?

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The answer is no.

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All they have to do is smell and take a look.

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Yep, that looks like beer to me.

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Smells like beer.

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And we have a whole new game.

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That officer has enough reasonable suspicion at least, probably on the way to probable cause, to get everyone out of the car.

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And it is constitutional to get everyone out of the car.

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You line them up on the side of the road, and you start questioning it.

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And they dig the can of beer out from the car, and they find out everybody in the car is a minor.

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Who can they arrest?

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There's only one can of beer.

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They can arrest everybody, believe it or not.

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Minor in possession.

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Now, there's no warrant required, unless usually you're in your home.

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If you're in your home, the general rule is you're going to have to have a warrant to arrest that person, unless there's some kind of circumstances that negates that.

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If we talk about searches real quick.

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Consent search is what we started off this talk about.

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And we're going to go through some ones that you may have some questions about.

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The consent search of a person is nothing more than asking somebody, you're the police officer, can I search you?

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And if you say yes, then that's a consent search.

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Now, what if you're a minor?

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What if you're 16 years old, and the police want to search you?

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Well, believe it or not, in some states, your parents can give them the right to search you.

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Search property, an auto or building.

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Well, you have to have legal control over that property or building to search it.

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Well, what does that mean?

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Well, that means that you legally control that property.

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Well, can your landlord give consent to search your house?

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And the answer is no.

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The landlord cannot give the police the authority to search your house.

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Now, the same thing for the hotel manager, which may make a couple of you here feel better today, because the hotel room is safe and secure.

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Even if the hotel manager shows up with the police outside your room, if they don't have a warrant, that hotel manager cannot let them in.

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The maid cannot let anybody in.

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But what if you've got a roommate?

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Some of you may be sharing your hotel room with 12 other people.

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Anyone who has a legal right to be in that room could actually give the consent for the police to come in and search your room.

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So, hopefully you know your friends.

224
00:19:18,970 --> 00:19:19,610
Alright.

225
00:19:24,960 --> 00:19:26,280
Your parents.

226
00:19:26,760 --> 00:19:29,660
Some of you are young enough, you may be still living at home.

227
00:19:31,320 --> 00:19:33,620
Can they give consent to search the home?

228
00:19:33,620 --> 00:19:35,720
Well , the answer is, generally, yes.

229
00:19:35,720 --> 00:19:40,440
They can search anywhere in your home that your parents have control over.

230
00:19:40,760 --> 00:19:46,440
Now, every once in a while you see a younger person who takes extreme examples.

231
00:19:46,440 --> 00:19:53,260
They'll put padlocks out on their door to their bedroom, as if they're exerting control over that room.

232
00:19:53,260 --> 00:20:01,540
Now, I haven't yet seen a case on that, but that is certainly one way to establish that you alone have domain over your bedroom.

233
00:20:01,540 --> 00:20:15,320
So, if you're going to be out there and want to exert domain, I guess we'll say, over your own particular room, you better make sure that no one else in that house has the ability to get in there.

234
00:20:15,320 --> 00:20:27,260
And that includes, you know, if you're living at home and you have a maid service mom, and she comes in and cleans your room every day, you do not have sole possession of that bedroom.

235
00:20:29,140 --> 00:20:29,860
Roommates.

236
00:20:29,860 --> 00:20:31,180
Keep an eye on your roommates.

237
00:20:31,180 --> 00:20:35,120
That includes husbands, wives, girlfriends, boyfriends.

238
00:20:35,520 --> 00:20:38,760
They can give consent, even if you're not there, right?

239
00:20:41,810 --> 00:20:44,830
If law enforcement has a warrant, you've got to let them in.

240
00:20:45,630 --> 00:20:48,090
It's even a line out of an old song, I think.

241
00:20:48,190 --> 00:20:52,290
If they show up outside your house with a warrant, you better let them in.

242
00:20:52,410 --> 00:20:55,370
They will not wait while you call your attorney.

243
00:20:55,370 --> 00:21:02,650
If you answer the door and say, I'm going to call my attorney and slam the door in their face, their next move is to kick the door in.

244
00:21:03,430 --> 00:21:09,010
Let's talk about warrants just for a second, because we see this portrayed in the media.

245
00:21:09,390 --> 00:21:20,270
The typical way to serve a warrant, believe it or not, is they show up at your house and they knock on your door, they answer your door and they say, hi, we're from X police agency.

246
00:21:20,870 --> 00:21:22,910
We got a warrant, we want to search your house.

247
00:21:22,910 --> 00:21:26,010
None of this SWAT team stuff we see on TV.

248
00:21:26,010 --> 00:21:32,790
We don't have any type of flashbang grenades going off unless you're really a big desperado.

249
00:21:32,790 --> 00:21:35,690
Usually it's very benign and boring.

250
00:21:35,690 --> 00:21:37,930
They just knock on your door, hand you a copy of the warrant.

251
00:21:37,930 --> 00:21:40,830
One guy talks to you while everyone else does the search.

252
00:21:41,890 --> 00:21:48,090
And if you ever run into the position where they're going to search your house, that's probably what's going to happen to you.

253
00:21:56,440 --> 00:21:59,400
The question is, how are warrants given out?

254
00:21:59,440 --> 00:22:01,740
Well, basically it works like this.

255
00:22:03,500 --> 00:22:11,920
They have to have someone come testify before a judge as for the reasons for the warrant.

256
00:22:11,920 --> 00:22:14,100
Well, what do you need to get a warrant?

257
00:22:14,100 --> 00:22:18,660
Well, you have to establish probable cause that some kind of crime is going on.

258
00:22:18,660 --> 00:22:30,120
So you get someone in there saying, yes, in our particular case, let's use drugs as an example.

259
00:22:30,120 --> 00:22:37,200
We have, and this is a very typical way it happens, we have someone who gets mad at somebody else.

260
00:22:37,200 --> 00:22:39,560
And they go to the police and they say, you know what?

261
00:22:39,620 --> 00:22:44,900
Bob has a pound of marijuana in the house right now.

262
00:22:45,500 --> 00:22:48,640
So what's the police, what's their first move?

263
00:22:48,640 --> 00:22:52,060
Well, they have to establish if that witness is credible.

264
00:22:52,420 --> 00:22:59,760
And they do that a variety of ways, which would bore you if I told you.

265
00:22:59,760 --> 00:23:05,600
The next move is to give them a sign of affidavit and they go over in front of a judge with the prosecutor and they raise their right hand.

266
00:23:05,600 --> 00:23:08,240
They swear to the facts they told the police.

267
00:23:09,400 --> 00:23:12,620
It's obviously better if you have two witnesses as opposed to one.

268
00:23:13,520 --> 00:23:18,720
And the judge will decide if in fact there is probable cause.

269
00:23:18,720 --> 00:23:21,640
And if there is a probable cause, the judge will issue a warrant.

270
00:23:21,880 --> 00:23:31,300
Now the problem that you may see right away is, let's say the girlfriend is the one who got mad and turned in her boyfriend and selling marijuana.

271
00:23:33,820 --> 00:23:38,760
Marijuana moves rather quickly around the marketplace.

272
00:23:38,840 --> 00:23:40,640
And there's a problem with that marijuana.

273
00:23:40,640 --> 00:23:44,640
They might be gone even as a warrant is being signed.

274
00:23:44,640 --> 00:23:46,420
And the courts recognize this.

275
00:23:46,420 --> 00:23:47,880
And so we have to have a fresh warrant.

276
00:23:47,880 --> 00:23:50,560
You can't hang on to that warrant for a week and serve it.

277
00:23:50,560 --> 00:23:55,060
Once you get a warrant issued by a judge, law enforcement is going to move pretty quick.

278
00:23:55,060 --> 00:23:59,520
Because there is a defense that they didn't move quick enough and the warrant got stale.

279
00:24:00,420 --> 00:24:02,220
And so law enforcement will move pretty quick.

280
00:24:02,220 --> 00:24:03,620
They'll go over to the house.

281
00:24:03,620 --> 00:24:12,360
If there's any type of dangerous activity involved, you know, there's supposedly guns, they might bring the SWAT team.

282
00:24:12,480 --> 00:24:14,880
But usually it's just simple knock.

283
00:24:15,240 --> 00:24:17,480
Knock on the door, which is a requirement.

284
00:24:17,920 --> 00:24:21,060
Now sometimes it is like you see in the movies.

285
00:24:21,060 --> 00:24:23,640
They knock and then they kick the door.

286
00:24:24,700 --> 00:24:27,700
But most of the time they'll wait for someone to answer.

287
00:24:27,860 --> 00:24:32,760
Or in my experience, it's more often they'll wait for someone to come home.

288
00:24:32,760 --> 00:24:40,340
And as that person is approaching the front door, the cops will swoop in and say, Oh, by the way, we got a warrant.

289
00:24:40,340 --> 00:24:41,780
We'll go in with you.

290
00:24:41,780 --> 00:24:42,860
Got another question?

291
00:24:46,810 --> 00:24:54,170
The question is, how did the Patriot Act change the process of acquiring and serving a warrant?

292
00:24:54,270 --> 00:25:00,570
The EFF is coming on after me and I don't want to steal any of their thunder.

293
00:25:00,570 --> 00:25:07,390
And I'm going to let you ask them that question because they're up to date on all this new stuff.

294
00:25:07,670 --> 00:25:13,750
Not that I am not, it's just I don't want them mad at me.

295
00:25:18,900 --> 00:25:21,000
Alright, let's talk about different types of search.

296
00:25:21,000 --> 00:25:24,500
And that's plain view, plain smell, and plain hear.

297
00:25:25,140 --> 00:25:27,300
This is one that gets a lot of you in trouble.

298
00:25:27,940 --> 00:25:33,020
This is the one that we may see in our life.

299
00:25:33,580 --> 00:25:48,040
If you are involved in some type of activity that you're not supposed to be, and a police officer sees it, hears it, or smells it, that gives them probable cause to go in and do a search.

300
00:25:48,120 --> 00:25:54,600
And the most common one, when I was a police officer, the most common one I searched on was just marijuana.

301
00:25:55,260 --> 00:25:58,720
There's a problem with people who smoke marijuana.

302
00:25:58,760 --> 00:26:03,540
One of those is, I think their sense of smell diminishes.

303
00:26:04,100 --> 00:26:09,240
And a lot of people don't realize that you just reek of marijuana.

304
00:26:09,920 --> 00:26:17,160
And so when a police officer stops you and you're reeking of marijuana, it's kind of like the Pringle can out the window.

305
00:26:17,160 --> 00:26:22,680
I mean, it's kind of obvious to everybody, except for the person who stopped, that marijuana use is going on.

306
00:26:22,680 --> 00:26:29,740
Well, if the police officer notices that, that gives them the right to do a search.

307
00:26:31,600 --> 00:26:35,220
And that's something to take into consideration.

308
00:26:36,480 --> 00:26:38,220
Emergency circumstances.

309
00:26:39,320 --> 00:26:48,860
Usually when we go to search a house, we don't see a house search unless there's some kind of warrant.

310
00:26:48,860 --> 00:26:53,500
Now, the one exception to that is going to be emergency circumstances.

311
00:26:53,540 --> 00:27:00,220
And that's where the police can establish that if they don't go in right then and there, something's going to happen.

312
00:27:00,220 --> 00:27:01,940
There's some type of danger.

313
00:27:02,500 --> 00:27:04,740
The suspect is going to get away.

314
00:27:06,240 --> 00:27:08,180
Use your imagination.

315
00:27:08,180 --> 00:27:17,060
And in those areas, the house can be searched as required to secure the evidence, or to secure the suspect.

316
00:27:17,060 --> 00:27:32,980
I think one of the last emergency searches I did, and this is along the lines of the most common, I remember going to an apartment complex and I heard some screaming inside a house.

317
00:27:33,200 --> 00:27:37,780
And there's obviously a big fight going on inside the apartment.

318
00:27:39,620 --> 00:27:42,280
Just a knock down, drag out fight.

319
00:27:42,280 --> 00:27:47,080
And I actually knocked on the door a little bit and for some reason they didn't answer.

320
00:27:47,080 --> 00:27:49,360
I think they're too busy beating the crap out of each other.

321
00:27:49,380 --> 00:27:52,900
And I kicked the door in and went in and I ended up arresting one person.

322
00:27:52,900 --> 00:27:54,760
He's a man beating his wife.

323
00:27:55,420 --> 00:28:02,540
Well, the fact that I kicked the door and went into their apartment falls under this category of emergency search.

324
00:28:03,100 --> 00:28:07,800
If I didn't do it, there's no way for me to go get a warrant.

325
00:28:08,240 --> 00:28:11,040
It was something that had to be done right then and there.

326
00:28:11,040 --> 00:28:15,220
And that falls under the category of emergency circumstances.

327
00:28:18,550 --> 00:28:19,690
This is a frisk.

328
00:28:19,690 --> 00:28:27,490
This is probably something that you're going to see a lot on television.

329
00:28:27,490 --> 00:28:29,990
You know, the old frisk-em-dannel type thing.

330
00:28:30,310 --> 00:28:39,170
If we go back to how this frisk, when it first showed up, the frisk is nothing more than a pat down for weapons.

331
00:28:40,190 --> 00:28:42,690
And once again, the police officer just can't do this.

332
00:28:42,690 --> 00:28:47,350
The police officer just can't show up and say, you know what, I'm going to search you for weapons.

333
00:28:47,350 --> 00:28:49,750
They have to have what's called reasonable suspicion.

334
00:28:49,870 --> 00:28:59,310
And in the very first case where the Supreme Court decided that this was legal is a really good example of how this is done.

335
00:28:59,310 --> 00:29:05,350
And what happened in that example was there was a guy who was hanging around outside a jewelry store.

336
00:29:05,350 --> 00:29:08,530
And it was summertime and he's wearing a coat.

337
00:29:09,330 --> 00:29:11,970
Not that anyone at this convention would do that.

338
00:29:11,970 --> 00:29:17,410
There's no one here who wears a trench coat or a leather coat even though it's 104 degrees out.

339
00:29:17,890 --> 00:29:22,670
That person, by the way, if that's you, you're begging to be searched by the next cop that sees you.

340
00:29:23,170 --> 00:29:28,770
But it's hot out, the guy's wearing a coat, and he's just kind of fidgeting outside a jewelry store.

341
00:29:29,170 --> 00:29:37,230
Well, the police officer, an undercover police officer, saw that and he went over with the idea that that man is about to rob the jewelry store.

342
00:29:37,230 --> 00:29:38,170
And in fact, he was.

343
00:29:38,170 --> 00:29:43,630
When he went over and patted down that suspect, he found a weapon in the man's pocket.

344
00:29:43,630 --> 00:29:45,890
And he retrieved the weapon and arrested him.

345
00:29:46,390 --> 00:29:49,410
And that can happen to you.

346
00:29:50,250 --> 00:29:58,830
If there's any type of reasonable suspicion that you're giving off that you may have a weapon, it can happen to you.

347
00:29:58,850 --> 00:30:02,310
You say to yourself, well, what kind of reasonable suspicion would that be?

348
00:30:13,190 --> 00:30:15,610
Anyway, how can it happen to you?

349
00:30:16,790 --> 00:30:20,390
Well, I already mentioned our trench coat friends here today.

350
00:30:21,350 --> 00:30:26,310
If you're walking around Vegas in a trench coat, it's obviously going to happen to you.

351
00:30:26,310 --> 00:30:30,210
If we go to the case in Britain that we saw about, what, 10 days ago?

352
00:30:30,430 --> 00:30:40,530
The guy's wearing a heavy sweater or coat, he's on the subway, obviously had bombings, did not respond to the police.

353
00:30:40,530 --> 00:30:44,690
He ends up getting shot over a very same scenario, right?

354
00:30:44,690 --> 00:30:52,430
He runs onto the train, the British police fire five rounds into his body, and he dies.

355
00:30:52,430 --> 00:30:53,710
Turns out he's innocent.

356
00:30:54,630 --> 00:31:04,470
Now, what he was doing, wearing a heavy sweater and coat in the middle of summer, why he wouldn't respond to the police, I guess we'll never know.

357
00:31:05,890 --> 00:31:09,110
But I venture that 99% of you probably did the same thing.

358
00:31:09,110 --> 00:31:10,410
They just thought he was a bomber.

359
00:31:10,410 --> 00:31:12,450
They thought he had explosives on underneath.

360
00:31:14,170 --> 00:31:16,930
And like I said, we'll never know why he did that.

361
00:31:20,380 --> 00:31:22,700
What we're looking for is a weapon.

362
00:31:23,980 --> 00:31:29,300
And we're not usually allowed to pull out other things out of the pocket of the coat.

363
00:31:29,300 --> 00:31:44,000
If we frisk them and we don't find an obvious weapon, a gun or knife, then what do we do if we have something else that we believe is contraband?

364
00:31:44,000 --> 00:31:50,060
What if we frisk this guy and sure, it's not a gun or knife, but it feels like a bag of marijuana?

365
00:31:50,580 --> 00:31:52,480
Well, that's a good question.

366
00:31:53,280 --> 00:31:58,060
Most of you probably answer, we'll just take the bag of marijuana.

367
00:31:58,060 --> 00:32:00,300
In fact, that's what most police officers do.

368
00:32:00,300 --> 00:32:08,900
If they can feel it and they have reasonable belief that it's marijuana, they'll end up confiscating it.

369
00:32:08,920 --> 00:32:10,660
How do they get that reasonable belief?

370
00:32:10,660 --> 00:32:11,600
I mean, what do they do?

371
00:32:12,760 --> 00:32:13,980
How do they get it?

372
00:32:13,980 --> 00:32:18,120
Well, oftentimes, put yourself in this position, you're being frisked.

373
00:32:18,120 --> 00:32:21,000
You don't have a gun on you, but you do have that baggie of marijuana.

374
00:32:21,260 --> 00:32:23,740
And the cop feels it in your pocket.

375
00:32:24,400 --> 00:32:26,820
What's the next question out of that cop's mouth?

376
00:32:27,460 --> 00:32:29,140
What is this in your pocket?

377
00:32:29,640 --> 00:32:33,280
Believe it or not, most people say, yeah, you got me, that's marijuana.

378
00:32:36,880 --> 00:32:38,860
That is a confession.

379
00:32:43,230 --> 00:32:44,770
Search incident to arrest.

380
00:32:44,770 --> 00:32:49,610
Anytime you're arrested, the police have the right to search your surroundings.

381
00:32:51,050 --> 00:32:53,130
They can search you.

382
00:32:53,650 --> 00:32:56,330
They can search your car, if you're in your car.

383
00:32:56,330 --> 00:32:58,950
They can search your house, if you're in your house.

384
00:32:59,110 --> 00:33:00,790
Now, what are they looking for?

385
00:33:01,330 --> 00:33:04,830
Well, case law says that they're looking for weapons.

386
00:33:06,030 --> 00:33:09,610
You say, well, this is a protective ruling.

387
00:33:09,610 --> 00:33:13,730
In other words, the police are issued this ruling by the Supreme Court.

388
00:33:13,730 --> 00:33:16,590
It's the idea that it's for their protection.

389
00:33:16,590 --> 00:33:20,850
And it's for the protection of the suspect.

390
00:33:21,270 --> 00:33:23,350
And one interesting factor is this.

391
00:33:23,350 --> 00:33:25,590
You can even handcuff the suspect.

392
00:33:25,590 --> 00:33:27,070
Have him handcuffed.

393
00:33:27,330 --> 00:33:29,450
You can have him down on their knees.

394
00:33:29,450 --> 00:33:30,570
They are in total control.

395
00:33:30,570 --> 00:33:34,350
They could be surrounded by five great big huge police officers.

396
00:33:34,350 --> 00:33:38,910
There's no way for that guy to get away or to cause any type of damage.

397
00:33:38,910 --> 00:33:46,110
And the police still have a right to search the immediate surrounding area.

398
00:33:46,290 --> 00:33:49,310
On this idea that it's for protection.

399
00:33:54,660 --> 00:33:57,480
You also may perform what's called protective sweep.

400
00:33:57,480 --> 00:34:06,040
If you're arrested in the living room of your friend's house, the police have a right to walk through the rest of the house for their own protection.

401
00:34:06,240 --> 00:34:10,760
And that means that they can search anywhere that a human can be hiding.

402
00:34:11,580 --> 00:34:23,180
So if you arrest someone in the living room, the cop can walk through the back bedrooms and search underneath the bed, can open the closet, anywhere that a police officer can reasonably believe a suspect might be hiding.

403
00:34:24,360 --> 00:34:31,360
I even remember searching the attic crawl space one time because we had a reasonable belief that someone...

404
00:34:31,360 --> 00:34:35,240
there's marks on the wall and the trap door was over the side.

405
00:34:35,240 --> 00:34:37,660
We searched a crawl space.

406
00:34:38,260 --> 00:34:44,000
This is some of you guys' greatest fear and that's body searches.

407
00:34:44,200 --> 00:34:48,460
When can they search intimate places of your body?

408
00:34:49,380 --> 00:34:54,560
Well, the answer varies depending on your location.

409
00:34:54,720 --> 00:34:57,840
If you're in prison, I mean just forget about it.

410
00:34:57,840 --> 00:35:03,140
I mean you're kind of... as long as they get probable cause, they're going to search all over.

411
00:35:03,880 --> 00:35:05,460
What if you've got something in your mouth?

412
00:35:05,460 --> 00:35:07,320
Can they force you to open your mouth?

413
00:35:08,360 --> 00:35:09,900
You're out on the street.

414
00:35:10,300 --> 00:35:14,100
The answer is, you know, you watch a TV show like The Shield.

415
00:35:14,640 --> 00:35:19,580
I mean, let's face it, Vic Mackey is just going to pry your mouth open and probably take a few teeth with it.

416
00:35:20,700 --> 00:35:23,720
Some of you guys, who the hell is Vic Mackey?

417
00:35:24,700 --> 00:35:25,960
Great TV show.

418
00:35:26,720 --> 00:35:34,880
Side note, real police work is 50% The Shield and 50% Reno 911.

419
00:35:35,960 --> 00:35:38,860
That is the honest truth.

420
00:35:40,000 --> 00:35:42,920
Ask any cop and if they're truthful, they'll tell you.

421
00:35:43,620 --> 00:35:46,840
Cross between Mackey and Dangle.

422
00:35:49,620 --> 00:35:52,960
Now, we see this on TV shows because it does make good drama.

423
00:35:52,960 --> 00:35:56,620
What happens if they want to perform surgery on you?

424
00:35:56,620 --> 00:35:58,680
They want to dig the bullet out of your arm.

425
00:35:58,680 --> 00:36:01,540
The answer is, we're going to have to get a court order.

426
00:36:01,540 --> 00:36:04,260
We're going to have to go to the judge and say, Judge, we need a court order.

427
00:36:04,260 --> 00:36:05,840
And the judge is going to look at various things.

428
00:36:05,840 --> 00:36:12,760
Not only probable cause, but this is a person's life at risk and the extent of the crime, that type of stuff.

429
00:36:13,540 --> 00:36:14,580
Abandoned property.

430
00:36:14,580 --> 00:36:19,640
This is something that gets a lot of people in trouble.

431
00:36:19,640 --> 00:36:22,960
As a police officer, I stole lots of trash.

432
00:36:23,760 --> 00:36:32,220
As soon as you put your trash out to the curb, the police can show up, pick your trash up, and go through it.

433
00:36:32,220 --> 00:36:36,100
Now, I know some of you guys have probably heard of this technique.

434
00:36:36,220 --> 00:36:38,580
Not that you guys would ever do it yourself.

435
00:36:39,940 --> 00:36:41,600
A little side note.

436
00:36:42,380 --> 00:36:45,780
I'm an attorney and I actually had a client call me up one time.

437
00:36:45,780 --> 00:36:50,220
And he says, what's the rule about me stealing my competitor's trash?

438
00:36:51,160 --> 00:36:52,900
And I had to think about it for a second.

439
00:36:53,040 --> 00:36:56,100
The first question is, why would you want to steal their trash?

440
00:36:56,100 --> 00:37:00,280
Well, he was in the business of selling computers.

441
00:37:00,460 --> 00:37:03,500
And that was back in the day when you could actually make some money doing that.

442
00:37:04,060 --> 00:37:07,580
And he was... I had a local competitor.

443
00:37:07,700 --> 00:37:09,180
Actually, I had two or three of them.

444
00:37:09,320 --> 00:37:15,140
And every couple... well, you do it twice a week because trash pickup was twice a week.

445
00:37:15,140 --> 00:37:23,780
And what he did is he'd go over to their dumpster and he'd go in and steal their trash.

446
00:37:23,780 --> 00:37:27,390
And his competitors did not shred.

447
00:37:28,240 --> 00:37:44,740
And so, for about two years, he knew when the time came up to put in bids on big projects like at the college or the city's buying 150 new computers, he'd go over and he'd steal the trash.

448
00:37:44,740 --> 00:37:47,660
And he'd see the rough drafts for their bids.

449
00:37:47,780 --> 00:37:49,060
And he always came in.

450
00:37:49,060 --> 00:37:53,140
He never lost one contract because he stole their trash.

451
00:37:53,560 --> 00:38:02,680
And needless to say, his competitors went out of business and before the computer sales crashed, he sold his business for a million dollars.

452
00:38:03,300 --> 00:38:14,640
Now, unfortunately, he didn't give his attorney any, but a good example why you need to shred your trash because there's not just the police, but a business competitor is going to steal your trash.

453
00:38:16,560 --> 00:38:17,860
And it's legal.

454
00:38:18,960 --> 00:38:23,040
Student searches, most of you guys are probably pretty familiar with this yourself.

455
00:38:23,100 --> 00:38:26,580
The police are going to be able to come in and run a dog through the hallways.

456
00:38:26,580 --> 00:38:28,100
They can sniff your locker.

457
00:38:28,680 --> 00:38:30,440
They can open your locker.

458
00:38:31,140 --> 00:38:44,860
Now, some schools have actually banned backpacks just for the reason that if there's a backpack in that locker, it makes it a lot more difficult for the police to do a thorough search because you can't open the backpack.

459
00:38:45,020 --> 00:38:47,980
And so we see some schools saying, you know what, no more backpacks.

460
00:38:48,340 --> 00:38:57,040
And that way when they open their locker, there's nothing to impede the search by school officials or by the police.

461
00:38:59,520 --> 00:39:01,680
College, a warrant is required.

462
00:39:01,680 --> 00:39:09,180
If you're living on a dorm room, a warrant is required before they can enter your dorm room and do a search.

463
00:39:09,900 --> 00:39:13,820
Unless they come up with some sort of safety or health reason.

464
00:39:14,460 --> 00:39:15,660
Got some questions?

465
00:39:25,760 --> 00:39:32,020
Yeah, the question was, back in high school, they're running a dog through the hallways and the dog alerts on a locker for drugs.

466
00:39:32,840 --> 00:39:36,000
Yes, that gives them probable cause to open that locker.

467
00:39:36,140 --> 00:39:39,720
And even if there's a backpack in there, they can go ahead and open that.

468
00:39:40,440 --> 00:39:43,660
And, you know, we're going to do dog searches here in a minute.

469
00:39:43,660 --> 00:39:44,640
Go ahead.

470
00:39:51,710 --> 00:39:57,130
The question was, do the searches at the high school level apply to both public and private?

471
00:39:57,530 --> 00:39:59,390
The answer is yes.

472
00:39:59,750 --> 00:40:01,410
And the reason is this.

473
00:40:01,410 --> 00:40:03,910
We're looking at who is doing the searches.

474
00:40:03,910 --> 00:40:07,390
It is the police department coming in, which is the government.

475
00:40:07,390 --> 00:40:09,250
So we're looking at constitutional issues.

476
00:40:09,250 --> 00:40:13,890
Now the fact that a private school, I assume, is the main reason for the question.

477
00:40:13,890 --> 00:40:20,090
If a private school asks the police department to come in, you know, that's all that's needed.

478
00:40:20,090 --> 00:40:21,550
A good invitation.

479
00:40:22,230 --> 00:40:25,410
Now police just can't show up at a private school and start doing searches.

480
00:40:25,410 --> 00:40:28,410
I mean, they've got to have permission, just like everyone else.

481
00:40:39,380 --> 00:40:47,460
Okay, he wants to steal his competitor's trash that is not on the curb, but is close up by the building, I assume.

482
00:40:47,660 --> 00:40:48,360
Okay.

483
00:40:50,180 --> 00:40:51,300
I'll put it this way.

484
00:40:51,300 --> 00:40:58,640
Government agencies cannot go up next to a house and steal the trash.

485
00:40:59,520 --> 00:41:00,720
Private individuals?

486
00:41:00,720 --> 00:41:07,240
Can you go up to your competitor and steal their trash that's sitting up against the wall of their house?

487
00:41:07,240 --> 00:41:11,700
The answer is, I wouldn't do it.

488
00:41:13,780 --> 00:41:16,100
I assume they never put it out by the curb.

489
00:41:16,100 --> 00:41:19,420
I mean, the idea is, what we're talking about is abandoned property.

490
00:41:19,420 --> 00:41:21,320
They have to abandon their property.

491
00:41:22,300 --> 00:41:31,820
Now, I guess you could get a, you know, if you paid, if you stopped the trash truck and said, look, man, I'll give you 20 bucks to give me the bags of trash that come out of that business.

492
00:41:32,600 --> 00:41:35,620
And the trash man says, yeah, that sounds like a great idea.

493
00:41:36,260 --> 00:41:39,100
That's totally legal, okay, in my opinion.

494
00:41:39,320 --> 00:41:47,900
But once again, I, you know, I'm an attorney in one state, and there's 49 more out there, so I, you know, operate on your own.

495
00:41:49,380 --> 00:41:51,260
What about the dumpsters?

496
00:41:52,040 --> 00:41:53,120
The dumpsters?

497
00:41:55,620 --> 00:42:05,840
The thing about dumpsters is they're usually located at the edge of the property anyway, so you could, you know, once again, you know, it's hard to say.

498
00:42:06,260 --> 00:42:09,080
It's one of those things you have to see to make a determination.

499
00:42:09,420 --> 00:42:13,860
But if it's obviously on the edge of the property, I mean, you're going to be able to do it.

500
00:42:14,060 --> 00:42:16,660
The big question, once again, is, is it abandoned?

501
00:42:16,660 --> 00:42:17,640
Okay?

502
00:42:17,640 --> 00:42:20,020
Once you throw out trash, it's abandoned.

503
00:42:20,020 --> 00:42:26,880
But if you regain control over it, that's why you actually see some businesses with locks on their dumpsters.

504
00:42:26,940 --> 00:42:40,360
Not that you guys would ever go dumpster diving, but if you're out there, you see people, you know, some of the high-tech companies will put locks on their dumpsters, that type of stuff.

505
00:42:40,360 --> 00:42:46,520
So if they have a lock on their dumpster and you cut the lock off, yeah, that'd be illegal.

506
00:42:47,340 --> 00:42:48,620
Another question?

507
00:42:59,170 --> 00:43:09,470
The question is, if you're on their property, the edge of the property, dumpster diving, private security shows up, are you obligated to leave?

508
00:43:12,130 --> 00:43:12,610
Um...

509
00:43:13,810 --> 00:43:18,470
You know, there's no reason for a confrontation because they can't be everywhere all the time, right?

510
00:43:18,470 --> 00:43:20,270
I mean, I'm not telling you to go dumpster diving.

511
00:43:20,270 --> 00:43:21,930
I'm just saying...

512
00:43:23,130 --> 00:43:25,390
It's best not to have a confrontation.

513
00:43:25,390 --> 00:43:27,190
I mean, leave.

514
00:43:28,330 --> 00:43:32,530
And, you know, if you really want what's in that dumpster, come back later, you know.

515
00:43:39,530 --> 00:43:40,450
Anything else?

516
00:43:40,450 --> 00:43:40,730
Yes.

517
00:43:40,730 --> 00:43:43,010
You guys are really into this trash, aren't you?

518
00:43:45,050 --> 00:43:47,870
I'm just going to give a talk next year just on trash.

519
00:43:57,820 --> 00:44:12,940
The question was, if the dumpster is on public property, let's say the city of Las Vegas has a dumpster, you know, outside City Hall, is it legal to go onto that property and get in the dumpster?

520
00:44:12,940 --> 00:44:13,640
Okay.

521
00:44:13,640 --> 00:44:26,940
I guess the main thing that you need to understand is, when you're going out there dumpster diving, okay, Sorry, I just didn't think I'd spend 10 minutes on dumpster diving.

522
00:44:28,660 --> 00:44:34,620
If you're out there dumpster diving, the big question you have to ask yourself, has this been abandoned?

523
00:44:34,620 --> 00:44:39,000
Would a reasonable person say, the contents of this dumpster is abandoned?

524
00:44:39,120 --> 00:44:39,520
Okay .

525
00:44:39,700 --> 00:44:42,020
And that's going to have all the stuff we've talked about.

526
00:44:42,020 --> 00:44:43,520
Is it on the edge of the property?

527
00:44:43,520 --> 00:44:45,740
Is it clear that it's been thrown away?

528
00:44:45,780 --> 00:44:48,380
You know, there's no locks on the dumpster.

529
00:44:48,740 --> 00:44:53,740
And so the answer to your question is, you know, you're going to have to answer that yourself.

530
00:44:53,740 --> 00:45:02,880
I mean, you know, if it's up under the loading dock, you know, of City Hall, I'd stay away from it.

531
00:45:03,900 --> 00:45:09,780
But, you know, if it's out the curb, you know, it's free game.

532
00:45:09,960 --> 00:45:10,520
Okay.

533
00:45:10,520 --> 00:45:11,780
Any other questions?

534
00:45:13,660 --> 00:45:14,800
Yes, sir.

535
00:45:19,820 --> 00:45:21,320
I can't hear you.

536
00:45:26,210 --> 00:45:31,530
Well, you're at the library, and you happen to find various files.

537
00:45:32,130 --> 00:45:32,570
Okay.

538
00:45:34,930 --> 00:45:36,990
Once again, I'm going to defer to the EFF.

539
00:45:36,990 --> 00:45:39,710
I mean, they're electronic experts.

540
00:45:39,710 --> 00:45:44,170
I'm more of the, I don't know, if the EFF is here, don't get mad.

541
00:45:44,170 --> 00:45:45,130
I'm more of the real life.

542
00:45:45,130 --> 00:45:49,070
If you're walking down the road and get stopped by the police, I can help you there.

543
00:45:49,070 --> 00:45:56,490
But, you know, when you get into the electronic arena, I'm not going to touch that, because they're the experts.

544
00:45:56,490 --> 00:45:57,130
I'm not.

545
00:46:19,520 --> 00:46:19,980
Okay.

546
00:46:19,980 --> 00:46:22,780
What happens if you get frisked and there's a bottle on you?

547
00:46:23,300 --> 00:46:27,340
And in that bottle, we're assuming beer or something, right?

548
00:46:28,700 --> 00:46:29,880
Oh, a medicine bottle.

549
00:46:29,880 --> 00:46:30,900
Oh, a pill bottle.

550
00:46:30,900 --> 00:46:31,320
Okay.

551
00:46:31,320 --> 00:46:32,200
I'm sorry.

552
00:46:32,280 --> 00:46:32,480
Okay.

553
00:46:32,480 --> 00:46:35,000
What happens if they find a pill bottle in your pocket?

554
00:46:35,540 --> 00:46:36,820
Can they pull that out?

555
00:46:36,820 --> 00:46:38,080
And the answer is no.

556
00:46:38,080 --> 00:46:43,180
I mean, just because they felt that prescription bottle in your pocket doesn't give them the right.

557
00:46:43,180 --> 00:46:46,880
If all they're doing is frisking for weapons, a pill bottle is not a weapon.

558
00:46:47,220 --> 00:46:47,600
Okay.

559
00:46:47,660 --> 00:46:51,540
Now, the next question out of their mouth is, what's in the pill bottle?

560
00:46:51,540 --> 00:46:52,100
Okay.

561
00:46:52,100 --> 00:46:53,180
And we'll take it from there.

562
00:46:53,180 --> 00:46:55,860
I mean, what happens from that point forward?

563
00:46:56,460 --> 00:47:00,100
You know, it's going to be anyone's guess, but, you know...

564
00:47:02,480 --> 00:47:02,940
All right.

565
00:47:02,940 --> 00:47:11,670
They tell me I've got five minutes left, so let's talk about dogs real quick.

566
00:47:11,970 --> 00:47:15,910
A dog has a right to be anywhere a police officer does.

567
00:47:16,170 --> 00:47:21,270
So just because they have a dog doesn't mean that there's a special rule.

568
00:47:21,270 --> 00:47:22,850
Usually a rule is just tied in.

569
00:47:22,850 --> 00:47:25,570
Does the officer have the right to be there or not?

570
00:47:25,570 --> 00:47:29,250
Let's talk about cordless phones for a second, because I saw this happen.

571
00:47:29,730 --> 00:47:39,390
My office, when I was on the anti-crime unit, they didn't have any place to put us, so they stuck us in with the drug officers.

572
00:47:40,030 --> 00:47:47,910
And probably the neatest thing I saw, at least from a police standpoint, was they had a big drug dealer in town.

573
00:47:47,910 --> 00:47:50,750
The drug dealer was using a cordless phone.

574
00:47:51,010 --> 00:47:51,490
Okay .

575
00:47:51,510 --> 00:48:00,830
And basically the officers rented the house across the street and got a scanner and listened in on all the cordless phone conversations.

576
00:48:00,830 --> 00:48:05,590
Well, what happened is the bad guy's cordless phone went out.

577
00:48:05,590 --> 00:48:06,470
It broke.

578
00:48:06,690 --> 00:48:12,090
And how they realized was they stopped hearing the phone conversations.

579
00:48:12,250 --> 00:48:16,450
And when they stole the trash, they found the broken cordless phone in the trash.

580
00:48:16,450 --> 00:48:22,130
And so they were in a dilemma, because this was really good intelligence they were gathering, and they didn't know what to do.

581
00:48:22,210 --> 00:48:28,310
And so they had the local printer print up a little brochure, and they sent it to them in the mail.

582
00:48:28,310 --> 00:48:30,550
And this is one of those brochures you may have seen.

583
00:48:30,550 --> 00:48:37,610
It says, you have won either a trip, you know, to Hawaii, a cordless phone, or $50.

584
00:48:38,270 --> 00:48:45,550
Well, and they said on this brochure, and you will receive notification of your prize next week.

585
00:48:45,550 --> 00:48:47,210
And next week, what'd they do?

586
00:48:47,270 --> 00:48:48,970
They sent them a cordless phone.

587
00:48:52,860 --> 00:48:55,000
Now, the drug dealer...

588
00:48:56,360 --> 00:48:57,940
Now, the drug dealer's real happy.

589
00:48:57,940 --> 00:48:58,520
He cooperated.

590
00:48:58,520 --> 00:49:02,120
He plugged in the phone, and for a few more months they gathered intelligence.

591
00:49:03,340 --> 00:49:05,320
And this was back in the day when crack was...

592
00:49:05,320 --> 00:49:07,000
I mean, these were crack dealers, you know.

593
00:49:07,680 --> 00:49:11,460
And, you know, I guess if you're dealing crack, you're probably not very smart anyway.

594
00:49:11,820 --> 00:49:13,520
So they took the cordless phone.

595
00:49:14,140 --> 00:49:18,200
I'm going to leave email communications to EFF.

596
00:49:20,340 --> 00:49:20,700
Wiretapping...

597
00:49:20,700 --> 00:49:22,660
I'm going to leave most of that to them.

598
00:49:22,660 --> 00:49:23,460
I will say this.

599
00:49:23,460 --> 00:49:26,780
Roving wiretaps has made a lot of people real nervous.

600
00:49:26,780 --> 00:49:31,260
And just understand that a roving wiretap doesn't mean there's a...

601
00:49:31,260 --> 00:49:32,260
well, hopefully...

602
00:49:32,260 --> 00:49:38,600
doesn't mean there's the FBI van driving down your street just kind of tapping into various people's phone calls.

603
00:49:38,600 --> 00:49:40,120
That's not what it's talking about.

604
00:49:40,120 --> 00:49:55,480
A roving wiretap is more along the lines of they have a suspect who uses several different phones and this warrant covers the federal government or the state government going around and moving from phone to phone.

605
00:49:55,480 --> 00:49:56,180
Okay.

606
00:50:00,060 --> 00:50:01,640
Use of bugs by law enforcement.

607
00:50:01,640 --> 00:50:03,200
When can they bug your house?

608
00:50:04,040 --> 00:50:06,640
The answer is not very often.

609
00:50:06,640 --> 00:50:11,440
You really don't have anything to worry about bugging your house unless you're a real big criminal.

610
00:50:14,120 --> 00:50:15,560
Let's talk about this real quick.

611
00:50:15,560 --> 00:50:17,620
I probably got like two minutes left.

612
00:50:20,080 --> 00:50:23,480
What happens if a police officer does do something wrong?

613
00:50:23,480 --> 00:50:28,040
What happens if they violate your constitutional rights?

614
00:50:28,040 --> 00:50:30,200
Once again, I want to say this.

615
00:50:31,800 --> 00:50:38,340
Most officers, 98% of them, are not going to do anything intentionally to violate your constitutional rights.

616
00:50:38,340 --> 00:50:39,980
There's a couple reasons for that.

617
00:50:39,980 --> 00:50:46,300
First of all, it's usually really easy to get a search or it's really easy to get arrest on somebody.

618
00:50:46,520 --> 00:50:54,000
Probably the best training officer I ever had, he made a statement that has stuck with me forever and that's real simple.

619
00:50:54,000 --> 00:50:59,240
He says, look, there's no reason to go out there and violate anyone's constitutional rights.

620
00:50:59,240 --> 00:51:05,060
If they are a criminal, if they're someone up to no good, they will continue to do that.

621
00:51:05,060 --> 00:51:06,800
And eventually, you're going to catch them.

622
00:51:06,800 --> 00:51:13,380
So there's no reason, no reason at all, to violate the constitutional right.

623
00:51:13,380 --> 00:51:14,300
That hurts you.

624
00:51:14,300 --> 00:51:16,100
It hurts your honor more than anything else.

625
00:51:16,100 --> 00:51:17,920
And that's the only thing you have as a police officer.

626
00:51:17,920 --> 00:51:19,500
You have to do the right thing.

627
00:51:19,500 --> 00:51:21,100
You have to uphold the constitution.

628
00:51:21,100 --> 00:51:22,400
That's what you're here for.

629
00:51:22,400 --> 00:51:24,660
And most officers understand that.

630
00:51:24,660 --> 00:51:25,520
I mean, it's a job.

631
00:51:25,520 --> 00:51:30,140
I don't care if you guys are writing code or making tacos.

632
00:51:30,900 --> 00:51:33,660
It's the same thing as a police officer job.

633
00:51:33,660 --> 00:51:38,000
In other words, they go to work every day and they do their job.

634
00:51:38,020 --> 00:51:41,920
And they realize if they don't get the criminal today, they're probably going to get them tomorrow.

635
00:51:41,920 --> 00:51:46,080
So most officers won't do anything that violates your constitution.

636
00:51:46,080 --> 00:51:48,140
But unfortunately, there's the other 2% that do.

637
00:51:48,140 --> 00:51:49,400
They're just bad people.

638
00:51:49,400 --> 00:51:55,240
Just like there's bad doctors, think about who you work with right now.

639
00:51:55,240 --> 00:51:57,240
There's someone you hate at work.

640
00:51:57,760 --> 00:51:59,260
And cops are the same way.

641
00:51:59,340 --> 00:52:05,320
You go to a police station and you say, if you could actually get their confidence and say, which cop here is the biggest idiot?

642
00:52:05,940 --> 00:52:10,220
And everyone would say, Bob or Frank or Mary.

643
00:52:11,500 --> 00:52:12,800
It doesn't matter where you work.

644
00:52:12,800 --> 00:52:19,780
If you're making tacos or you're the cop, there's someone that you know that just can't make tacos or shouldn't be a cop.

645
00:52:19,780 --> 00:52:21,840
And they're no different.

646
00:52:21,840 --> 00:52:22,560
Well, what happens?

647
00:52:22,560 --> 00:52:28,660
Well, first of all, if they do violate your constitutional rights, what you can do is sue them.

648
00:52:28,900 --> 00:52:34,280
Or if you're under criminal indictment, you can do what's called the exclusionary rule.

649
00:52:34,280 --> 00:52:39,900
It makes them throw out all the evidence they have against you.

650
00:52:41,220 --> 00:52:44,700
Civil law, 1983, some of you may be familiar with that.

651
00:52:44,700 --> 00:52:50,860
That allows you to sue the police or any other government official that has violated your constitutional rights.

652
00:52:50,860 --> 00:52:55,860
That person, if they violate your rights, you can file a lawsuit against them.

653
00:52:55,860 --> 00:52:57,720
That's what we see Rodney King.

654
00:52:57,920 --> 00:53:03,240
Now, Rodney King, what happened there is, I can't remember how much he walked away.

655
00:53:03,240 --> 00:53:07,920
I think it was like $1.43 million.

656
00:53:09,180 --> 00:53:11,880
I don't know if I'd take that beating for one point.

657
00:53:13,280 --> 00:53:18,020
But, you know, he walked away under Section 1983 for that.

658
00:53:18,520 --> 00:53:23,420
And the officers in that case, at least two of them, went to prison under that same section.

659
00:53:23,660 --> 00:53:28,580
So it has both a civil action and a criminal action you can take under 1983.

660
00:53:29,800 --> 00:53:33,400
And something that's often overlooked is what's called internal affairs.

661
00:53:33,500 --> 00:53:39,900
And that's where you go to the police station and you make a complaint against that particular officer and they do an investigation.

662
00:53:39,900 --> 00:53:44,680
Now, some larger departments have their own separate investigation agency.

663
00:53:45,620 --> 00:53:51,300
And it can result in time off and reduction in rank and fire and that type of stuff.

664
00:53:52,200 --> 00:53:53,720
I see him in his eyes.

665
00:53:53,720 --> 00:53:55,100
He's making the cutthroat sign.

666
00:53:55,100 --> 00:53:57,040
I think it's time for me to get off.

667
00:53:57,100 --> 00:54:02,620
If you have any questions, they want us to clear the tent for the next speakers.

668
00:54:04,220 --> 00:54:06,480
I guess that's... I'm looking at the goon.

669
00:54:06,480 --> 00:54:07,920
He's not doing anything.

670
00:54:07,920 --> 00:54:09,560
We don't have to clear the tent.

671
00:54:09,880 --> 00:54:11,920
Okay, we don't have to clear the tent.

672
00:54:14,280 --> 00:54:16,860
But if you have a question, you're welcome to come up and ask me.

673
00:54:16,860 --> 00:54:19,040
Remember to use the first word out of your mouth.

674
00:54:19,040 --> 00:54:20,280
It's hypothetically.