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11140	19460	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.
19860	24300	But no, we've probably got a mixed crowd in here, maybe some federal agents.
24300	27820	The other one's frowning, probably, so that might be a good way to pick them out.
31500	34660	And my name is Steve Dunker. I'm a college professor.
34660	48600	I teach criminal justice and paralegal at Northeastern State University in a town called Tahlequah, which is near Tulsa, Oklahoma.
48600	50120	It's Indian country.
50860	58200	And what I'm going to talk about today is something, even though the title is Hacker's Guide,
58200	67200	this is something that everybody, it doesn't matter who you are, it's good information you can use.
67860	73340	And as far as law enforcement agents who are here, don't frown at me too much.
73340	75760	I think you're going to agree with everything I say.
77080	81480	I think even the hackers who are here today are going to agree with everything I say.
81940	84320	Let me start out by saying this.
85340	98580	What this talk is really about is the Constitution of the United States and how important it is in our life every day.
100040	102920	Let me give you a little bit of background about myself.
102920	105940	I used to be a police officer. I was a police detective.
106780	110080	I worked major case squad for a little while.
110080	115140	I've investigated everything from parking tickets to a couple murders.
116900	124200	So I'm not anti-police as long as you're following the Constitution.
124200	131840	I think you have a hard time finding any police officer who's going to say, I'm against the Constitution.
131880	138420	There's only a handful of officers, in my opinion, who make everyone else look bad.
138420	143280	In fact, they really irritate most good officers.
144660	146680	But back to the Constitution.
147580	153840	One thing we need to start right off and know about the Constitution is, in fact,
153840	165320	it's a tool that restrains the federal government and the state governments from doing certain acts against the public.
165320	166540	And that's what it's for.
166540	173180	It doesn't restrain the citizens. It restrains the federal government and the state governments.
174120	176140	So that's what we're going to look at.
176140	185480	So when I say agent or officer or police, keep in mind that's who we're talking about.
185480	190720	We're not talking about the security guards who are riding their bicycles around the hotel today.
190720	199040	We're not talking about any other private agency who's out there, private corporation.
200260	202980	They're not restrained by the Constitution.
203480	205960	Just the government.
212900	214840	I'll get my PowerPoint to work here.
216120	224540	These are four categories that an officer can step in and do what's called a stop.
225040	227600	And we're going to go through these four categories.
227940	231180	The first one has actually been in the news lately.
231180	233460	And that's the voluntary stop.
233520	237880	And those of you who are from New York, you've probably heard of this.
237880	244180	This is where the officers are coming up to people on mass transit and asking to search their bags.
245200	248660	This is what's known as a voluntary stop.
248660	250760	They have the legal right to do that.
250760	256560	An officer can come up to anyone at any time and ask to search.
257460	262260	Now, the key is that you don't have to give them permission.
262820	265780	You have the right to say yes or no.
266600	270760	Now, there is obviously some...
271340	273120	Yeah, I'll get this right yet.
275660	279680	There is some pressure, obviously.
279680	284840	If a police officer comes up to you and asks you to look in your backpack,
285480	289980	I'll tell you right now, 99% of the people in this room are going to say yes.
291160	296640	And you've probably wondered when you watch TV and you hear news reports about...
296640	299660	Actually, I was watching TV last night. I don't know if anyone else saw this.
299660	300860	The news was on.
301080	306360	Maybe I was the only one here who was actually in their motel room for the news at 10 o'clock.
306360	315220	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.
315320	317140	And it came on about a drug dealer.
317200	322440	And what happens is the police, the local police, went to his house and they asked if they could come in.
322440	323820	And he said, yeah, sure.
324240	329980	And once they came in, he voluntarily told them he had a bag of marijuana.
331840	338540	And then they asked, well, you've got this bag of marijuana. Do you think it would be alright if we searched the rest of your house?
338680	340240	And he says, yeah, sure.
340700	349780	And so what happens then? Well, they find five individually packaged packages of methamphetamine.
351020	354240	And then they find the sawed-off shotgun.
355520	359740	Now you're wondering, what was that guy thinking? He must have been high, right?
359740	363020	I mean, why else is he going to give permission?
363100	367200	Well, there is some pressure. A lot of pressure on people.
367200	370000	I went to law school. I am an attorney.
371040	382400	And two of my professors, one of them, she actually used to be a federal prosecutor.
383760	386440	And obviously they're both attorneys.
386440	394100	And just the fact that they are law school professors means that they're pretty smart.
394360	398440	Well, these two professors were on an airplane.
398540	403280	I went to law school in Kansas City. They came back from a seminar.
403540	409100	And they were stopped by two DEA agents in the airport.
409100	411200	And they said, hi.
411720	414820	Basically the DEA agents introduced themselves and said,
414820	418080	would you two mind coming with me to our office?
418080	420980	We'd like to talk to you about your flight.
422000	425460	Now, let's put it this way. Most of us, and they're no exception,
425460	429100	the DEA shows up and says we want to talk to you about your flight,
429760	432180	you feel a lot of pressure, right?
432800	436900	But you think if anyone would know better, these two law professors would,
436900	440820	an ex-federal prosecutor, and they're both members of the ACLU,
440820	442880	they're going to know what their rights are.
442880	444680	But in fact, they felt pressured.
444680	448860	And in fact, they went back to the DEA office there at their airport,
448860	452240	and they consented to a search.
452900	460900	Now, trust me, these two women are no way drug dealers.
460900	465020	And I'm just kind of suspicious of why they were even stopped.
465020	472780	I was half wondering if they were stopped just so the federal agents could get their ratios down.
472780	479660	In other words, they need two white women to add to their tally as far as who they've been stopping.
479740	485860	If you stop too many people of one race, you can get yourself in trouble.
486060	489220	But I don't know if that's what was going on. I have no way of knowing.
489220	500060	But the fact is, these two women, who should have known better, did everything that DEA agents asked them to.
500860	505780	So one thing we need to just remember, it's okay to say no.
506120	508200	And no means no.
514260	517600	Our next category is investigative stops.
518300	524860	Investigative stops are probably what you guys are most used to.
525500	529660	You're driving down the road and you get stopped by the police.
530300	535360	An investigative stop requires that there's some type of reasonable suspicion.
535900	537460	And this can be anything.
538960	543500	I would say, when I was a police officer, I've made thousands of stops.
543500	550860	And out of those, I'd say 95% were probably just plain old investigative stops.
550860	555660	Something was going on that piqued my interest in that car.
556300	563320	The one thing I noticed over in the room, they're selling the little license plate borders.
563420	566080	The one that says, I love war driving.
566080	572460	If you put that on your car and you're waving a Pringle can out the window,
574240	581500	that is a reasonable suspicion to a police officer who has knowledge.
583840	585580	Think about it.
586800	589600	If you do that, you're just asking for trouble.
589600	593660	Police officers, that's what they do. They drive around. It's their job.
593660	595460	They answer calls.
596480	600640	And if they see anything suspicious, it's their job to stop you.
601960	606020	So you've got to have a little bit of...
606780	609940	I guess if the vendor's here, he's going to get mad at me.
610660	616160	But I'm not sure you should buy a war driving license plate cover if you're actually a war driver.
617620	620120	Let's talk about roadblocks for a second.
620120	625140	And I actually, as a police officer, I was really...
625140	626400	I hate roadblocks.
626400	633220	I think it probably has to do with the fact that when I was younger, back in my time,
633220	637060	they had all the war movies involving Nazis.
637280	640380	And the Nazis, the bad guys, always had the roadblock, right?
641240	642560	Papers, please.
643060	649120	And even when I was a police officer, I refused to participate in roadblocks.
649120	653020	I mean, they still went on.
653020	654860	It's not like, oh, Dunker's not going to do it.
654860	656720	Let's shut down the roadblock.
657860	659480	But they're out there.
659640	667300	And I'm going to cover some of the more common ones that you need to be aware of.
669020	672500	Probably the most common one is DWI roadblock.
678020	680520	DWI roadblocks or DUI roadblocks.
680520	685280	Drunk driving roadblocks in all kinds of terminologies being used.
685280	689420	They are valid as long as a procedure is followed.
690760	695900	And that is set down by the United States Supreme Court.
696280	699740	And for you, as you come up to the roadblock,
699740	702900	that procedure at that point in time doesn't really matter to you.
702900	705820	What matters to you is if you get arrested.
705820	709880	And then you can have your attorney examine the procedures and make sure they're followed.
710280	712660	And just a little side note, what are those procedures?
712960	715120	Well, they have to publish it in the newspaper.
715600	716740	There's a good reason.
716740	724600	Those of you who are drunks, if you're not so smart drunk and you try to drive,
724600	728380	you better read the newspaper because they'll tell you about them.
730820	736340	DWI roadblocks are probably the one that most people support
736340	742900	because there are a lot of people injured and killed by drunks.
743000	746380	And that is probably something that needs to be cut down or is something that needs to be cut down.
746380	747940	But we have other types of roadblocks.
747940	751900	Driver's license registration and insurance checkpoints.
752280	753840	Have you ever been through one of those?
754580	756240	Fleeing felon checkpoints.
756240	757840	Crime witness checkpoints.
757840	766560	These are the type of checkpoints that we saw with the D.C. snipers.
766900	774340	The guys were shooting up the place and one of the responses law enforcement had was to put up roadblocks.
774640	780360	Now, none of us are snipers here today, but you can still get yourself in trouble with a roadblock.
780360	786480	Let's say they have a felon roadblock up and you pull up and you're drinking a can of beer.
786480	790140	What's going to happen to you? Do they let you go?
791480	798420	Now, if you pull up to a roadblock that's for some reason, let's say you're a game warden roadblock
798420	805960	and they're looking for poachers and you pull up there and you have some other violation,
807620	813080	smoking grass or whatever, they're going to take you in.
814700	821100	So be aware that most roadblocks are valid. There's not a whole lot you can say or do about them.
823280	833860	And you can't depend on getting out of trouble by pleading some sort of unconstitutional issue with a roadblock
833860	838780	because most of them are illegal and you're going to have to bite the bullet.
839320	842220	Alright, what can an officer illegally arrest an individual?
842760	847360	Well, you have to have what's called probable cause. Probable cause, as you can read there,
847360	852460	exists when there's enough facts and circumstances to lead police officers in the light of their experience
853260	857360	to the reasonable belief that a person has committed or is committing or is about to commit a crime.
857360	862820	Now, if we go back to our war driving example, you got the license plate, you got some contraption
862820	870860	that actually looks like a Pringle can, and you're waving it out the window and there is a laptop in your possession.
872880	877940	Now, I'll tell you right now, in my experience, most police officers actually won't even know what you're doing.
879060	887120	But if you run into one who actually realizes what's going on, is that probable cause?
888480	896380	Well, when you read this statement, it sure is. They're going to be able to at least search your car.
897460	900600	Now, the big question some of you have right away, how do they know I'm war driving?
900600	904340	Just because I have a laptop and a Pringle contraption, right?
906380	911580	Is this officer going to start rummaging around on my laptop trying to figure out if I broke into a network?
911580	919760	The answer is no. Unless they're inexperienced, someone who doesn't know what they're doing might try to get in your laptop.
920200	925240	But the chances are, you're at least going to be searched. You're at least going to be stopped.
925340	936000	Are you going to be arrested? Maybe. Depends. Depends on the expertise of the officer.
936000	944040	But if we transfer it to something else, let's say you're with your friends, you're driving down the road,
944040	947800	and one of the four in the car is drinking a beer.
948220	953720	You get pulled over for speeding.
954360	959360	The officer comes up, wants to see the driver's license and insurance,
959360	966680	and notices a can of beer, which someone threw underneath the seat and is now leaking all over the floor mat.
966680	968240	I don't know if you've been there.
969920	973840	You know, the old hide the beer, hide the beer. It's the cops.
975260	978800	Does the officer even have to see the can? The answer is no.
979000	983920	All they have to do is smell and take a look. Yep, that looks like beer to me. Smells like beer.
983920	994560	And we have a whole new game. That officer has enough reasonable suspicion at least, probably on the way to probable cause,
994560	996460	to get everyone out of the car.
997460	1000740	And it is constitutional to get everyone out of the car.
1000740	1005360	You line them up on the side of the road, and you start questioning it.
1005360	1012380	And they dig the can of beer out from the car, and they find out everybody in the car is a minor.
1013440	1016700	Who can they arrest? There's only one can of beer.
1018180	1020940	They can arrest everybody, believe it or not.
1022220	1023900	Minor in possession.
1024600	1036010	Now, there's no warrant required, unless usually you're in your home.
1036010	1041670	If you're in your home, the general rule is you're going to have to have a warrant to arrest that person,
1041670	1046490	unless there's some kind of circumstances that negates that.
1046730	1051070	If we talk about searches real quick.
1052430	1059930	Consent search is what we started off this talk about.
1060550	1064890	And we're going to go through some ones that you may have some questions about.
1064890	1069990	The consent search of a person is nothing more than asking somebody, you're the police officer,
1069990	1071650	can I search you?
1071650	1074750	And if you say yes, then that's a consent search.
1074850	1077890	Now, what if you're a minor?
1077890	1081390	What if you're 16 years old, and the police want to search you?
1081710	1086610	Well, believe it or not, in some states, your parents can give them the right to search you.
1089350	1092210	Search property, an auto or building.
1092210	1097990	Well, you have to have legal control over that property or building to search it.
1097990	1099230	Well, what does that mean?
1099230	1104030	Well, that means that you legally control that property.
1104030	1109150	Well, can your landlord give consent to search your house?
1109150	1111510	And the answer is no.
1111590	1118070	The landlord cannot give the police the authority to search your house.
1118070	1125810	Now, the same thing for the hotel manager, which may make a couple of you here feel better today,
1125810	1129470	because the hotel room is safe and secure.
1129690	1134190	Even if the hotel manager shows up with the police outside your room,
1134190	1138130	if they don't have a warrant, that hotel manager cannot let them in.
1138130	1140370	The maid cannot let anybody in.
1141250	1143210	But what if you've got a roommate?
1143530	1146910	Some of you may be sharing your hotel room with 12 other people.
1146910	1155910	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.
1155950	1157530	So, hopefully you know your friends.
1158970	1159610	Alright.
1164960	1166280	Your parents.
1166760	1169660	Some of you are young enough, you may be still living at home.
1171320	1173620	Can they give consent to search the home?
1173620	1175720	Well, the answer is, generally, yes.
1175720	1180440	They can search anywhere in your home that your parents have control over.
1180760	1186440	Now, every once in a while you see a younger person who takes extreme examples.
1186440	1193260	They'll put padlocks out on their door to their bedroom, as if they're exerting control over that room.
1193260	1201540	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.
1201540	1210500	So, if you're going to be out there and want to exert domain, I guess we'll say, over your own particular room,
1210500	1215320	you better make sure that no one else in that house has the ability to get in there.
1215320	1224040	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,
1224040	1227260	you do not have sole possession of that bedroom.
1229140	1235120	Roommates. Keep an eye on your roommates. That includes husbands, wives, girlfriends, boyfriends.
1235520	1238760	They can give consent, even if you're not there, right?
1241810	1244830	If law enforcement has a warrant, you've got to let them in.
1245630	1248090	It's even a line out of an old song, I think.
1248190	1252290	If they show up outside your house with a warrant, you better let them in.
1252410	1255370	They will not wait while you call your attorney.
1255370	1260570	If you answer the door and say, I'm going to call my attorney and slam the door in their face,
1260570	1262650	their next move is to kick the door in.
1263430	1269010	Let's talk about warrants just for a second, because we see this portrayed in the media.
1269390	1275750	The typical way to serve a warrant, believe it or not, is they show up at your house and they knock on your door,
1275750	1280270	they answer your door and they say, hi, we're from X police agency.
1280870	1282910	We got a warrant, we want to search your house.
1282910	1286010	None of this SWAT team stuff we see on TV.
1286010	1292790	We don't have any type of flashbang grenades going off unless you're really a big desperado.
1292790	1295690	Usually it's very benign and boring.
1295690	1297930	They just knock on your door, hand you a copy of the warrant.
1297930	1300830	One guy talks to you while everyone else does the search.
1301890	1308090	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.
1316440	1319400	The question is, how are warrants given out?
1319440	1321740	Well, basically it works like this.
1323500	1331920	They have to have someone come testify before a judge as for the reasons for the warrant.
1331920	1334100	Well, what do you need to get a warrant?
1334100	1338660	Well, you have to establish probable cause that some kind of crime is going on.
1338660	1350120	So you get someone in there saying, yes, in our particular case, let's use drugs as an example.
1350120	1357200	We have, and this is a very typical way it happens, we have someone who gets mad at somebody else.
1357200	1359560	And they go to the police and they say, you know what?
1359620	1364900	Bob has a pound of marijuana in the house right now.
1365500	1368640	So what's the police, what's their first move?
1368640	1372060	Well, they have to establish if that witness is credible.
1372420	1379760	And they do that a variety of ways, which would bore you if I told you.
1379760	1385600	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.
1385600	1388240	They swear to the facts they told the police.
1389400	1392620	It's obviously better if you have two witnesses as opposed to one.
1393520	1398720	And the judge will decide if in fact there is probable cause.
1398720	1401640	And if there is a probable cause, the judge will issue a warrant.
1401880	1411300	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.
1413820	1418760	Marijuana moves rather quickly around the marketplace.
1418840	1420640	And there's a problem with that marijuana.
1420640	1424640	They might be gone even as a warrant is being signed.
1424640	1426420	And the courts recognize this.
1426420	1427880	And so we have to have a fresh warrant.
1427880	1430560	You can't hang on to that warrant for a week and serve it.
1430560	1435060	Once you get a warrant issued by a judge, law enforcement is going to move pretty quick.
1435060	1439520	Because there is a defense that they didn't move quick enough and the warrant got stale.
1440420	1442220	And so law enforcement will move pretty quick.
1442220	1443620	They'll go over to the house.
1443620	1452360	If there's any type of dangerous activity involved, you know, there's supposedly guns, they might bring the SWAT team.
1452480	1454880	But usually it's just simple knock.
1455240	1457480	Knock on the door, which is a requirement.
1457920	1461060	Now sometimes it is like you see in the movies.
1461060	1463640	They knock and then they kick the door.
1464700	1467700	But most of the time they'll wait for someone to answer.
1467860	1472760	Or in my experience, it's more often they'll wait for someone to come home.
1472760	1479060	And as that person is approaching the front door, the cops will swoop in and say,
1479060	1481780	Oh, by the way, we got a warrant. We'll go in with you.
1481780	1482860	Got another question?
1486810	1494170	The question is, how did the Patriot Act change the process of acquiring and serving a warrant?
1494270	1500570	The EFF is coming on after me and I don't want to steal any of their thunder.
1500570	1507390	And I'm going to let you ask them that question because they're up to date on all this new stuff.
1507670	1513750	Not that I am not, it's just I don't want them mad at me.
1518900	1521000	Alright, let's talk about different types of search.
1521000	1524500	And that's plain view, plain smell, and plain hear.
1525140	1527300	This is one that gets a lot of you in trouble.
1527940	1533020	This is the one that we may see in our life.
1533580	1543180	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,
1543180	1548040	that gives them probable cause to go in and do a search.
1548120	1554600	And the most common one, when I was a police officer, the most common one I searched on was just marijuana.
1555260	1558720	There's a problem with people who smoke marijuana.
1558760	1563540	One of those is, I think their sense of smell diminishes.
1564100	1569240	And a lot of people don't realize that you just reek of marijuana.
1569920	1577160	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.
1577160	1582680	I mean, it's kind of obvious to everybody, except for the person who stopped, that marijuana use is going on.
1582680	1589740	Well, if the police officer notices that, that gives them the right to do a search.
1591600	1595220	And that's something to take into consideration.
1596480	1598220	Emergency circumstances.
1599320	1608860	Usually when we go to search a house, we don't see a house search unless there's some kind of warrant.
1608860	1613500	Now, the one exception to that is going to be emergency circumstances.
1613540	1620220	And that's where the police can establish that if they don't go in right then and there, something's going to happen.
1620220	1624740	There's some type of danger. The suspect is going to get away.
1626240	1628180	Use your imagination.
1628180	1637060	And in those areas, the house can be searched as required to secure the evidence, or to secure the suspect.
1637060	1645760	I think one of the last emergency searches I did, and this is along the lines of the most common,
1645760	1652980	I remember going to an apartment complex and I heard some screaming inside a house.
1653200	1657780	And there's obviously a big fight going on inside the apartment.
1659620	1662280	Just a knock down, drag out fight.
1662280	1667080	And I actually knocked on the door a little bit and for some reason they didn't answer.
1667080	1669360	I think they're too busy beating the crap out of each other.
1669380	1672900	And I kicked the door in and went in and I ended up arresting one person.
1672900	1674760	He's a man beating his wife.
1675420	1682540	Well, the fact that I kicked the door and went into their apartment falls under this category of emergency search.
1683100	1687800	If I didn't do it, there's no way for me to go get a warrant.
1688240	1691040	It was something that had to be done right then and there.
1691040	1695220	And that falls under the category of emergency circumstances.
1698550	1707490	This is a frisk. This is probably something that you're going to see a lot on television.
1707490	1709990	You know, the old frisk-em-dannel type thing.
1710310	1719170	If we go back to how this frisk, when it first showed up, the frisk is nothing more than a pat down for weapons.
1720190	1722690	And once again, the police officer just can't do this.
1722690	1727350	The police officer just can't show up and say, you know what, I'm going to search you for weapons.
1727350	1729750	They have to have what's called reasonable suspicion.
1729870	1739310	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.
1739310	1745350	And what happened in that example was there was a guy who was hanging around outside a jewelry store.
1745350	1748530	And it was summertime and he's wearing a coat.
1749330	1751970	Not that anyone at this convention would do that.
1751970	1757410	There's no one here who wears a trench coat or a leather coat even though it's 104 degrees out.
1757890	1762670	That person, by the way, if that's you, you're begging to be searched by the next cop that sees you.
1763170	1768770	But it's hot out, the guy's wearing a coat, and he's just kind of fidgeting outside a jewelry store.
1769170	1777230	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.
1777230	1783630	And in fact, he was. When he went over and patted down that suspect, he found a weapon in the man's pocket.
1783630	1785890	And he retrieved the weapon and arrested him.
1786390	1789410	And that can happen to you.
1790250	1798830	If there's any type of reasonable suspicion that you're giving off that you may have a weapon, it can happen to you.
1798850	1802310	You say to yourself, well, what kind of reasonable suspicion would that be?
1813190	1815610	Anyway, how can it happen to you?
1816790	1820390	Well, I already mentioned our trench coat friends here today.
1821350	1826310	If you're walking around Vegas in a trench coat, it's obviously going to happen to you.
1826310	1830210	If we go to the case in Britain that we saw about, what, 10 days ago?
1830430	1840530	The guy's wearing a heavy sweater or coat, he's on the subway, obviously had bombings, did not respond to the police.
1840530	1844690	He ends up getting shot over a very same scenario, right?
1844690	1852430	He runs onto the train, the British police fire five rounds into his body, and he dies.
1852430	1853710	Turns out he's innocent.
1854630	1860710	Now, what he was doing, wearing a heavy sweater and coat in the middle of summer,
1860710	1864470	why he wouldn't respond to the police, I guess we'll never know.
1865890	1869110	But I venture that 99% of you probably did the same thing.
1869110	1872450	They just thought he was a bomber. They thought he had explosives on underneath.
1874170	1876930	And like I said, we'll never know why he did that.
1880380	1882700	What we're looking for is a weapon.
1883980	1889300	And we're not usually allowed to pull out other things out of the pocket of the coat.
1889300	1894400	If we frisk them and we don't find an obvious weapon, a gun or knife,
1894400	1904000	then what do we do if we have something else that we believe is contraband?
1904000	1910060	What if we frisk this guy and sure, it's not a gun or knife, but it feels like a bag of marijuana?
1910580	1912480	Well, that's a good question.
1913280	1918060	Most of you probably answer, we'll just take the bag of marijuana.
1918060	1920300	In fact, that's what most police officers do.
1920300	1928900	If they can feel it and they have reasonable belief that it's marijuana, they'll end up confiscating it.
1928920	1930660	How do they get that reasonable belief?
1930660	1931600	I mean, what do they do?
1932760	1933980	How do they get it?
1933980	1938120	Well, oftentimes, put yourself in this position, you're being frisked.
1938120	1941000	You don't have a gun on you, but you do have that baggie of marijuana.
1941260	1943740	And the cop feels it in your pocket.
1944400	1946820	What's the next question out of that cop's mouth?
1947460	1949140	What is this in your pocket?
1949640	1953280	Believe it or not, most people say, yeah, you got me, that's marijuana.
1956880	1958860	That is a confession.
1963230	1964770	Search incident to arrest.
1964770	1969610	Anytime you're arrested, the police have the right to search your surroundings.
1971050	1973130	They can search you.
1973650	1976330	They can search your car, if you're in your car.
1976330	1978950	They can search your house, if you're in your house.
1979110	1980790	Now, what are they looking for?
1981330	1984830	Well, case law says that they're looking for weapons.
1986030	1989610	You say, well, this is a protective ruling.
1989610	1993730	In other words, the police are issued this ruling by the Supreme Court.
1993730	1996590	It's the idea that it's for their protection.
1996590	2000850	And it's for the protection of the suspect.
2001270	2003350	And one interesting factor is this.
2003350	2005590	You can even handcuff the suspect.
2005590	2007070	Have him handcuffed.
2007330	2009450	You can have him down on their knees.
2009450	2010570	They are in total control.
2010570	2014350	They could be surrounded by five great big huge police officers.
2014350	2018910	There's no way for that guy to get away or to cause any type of damage.
2018910	2026110	And the police still have a right to search the immediate surrounding area.
2026290	2029310	On this idea that it's for protection.
2034660	2037480	You also may perform what's called protective sweep.
2037480	2040540	If you're arrested in the living room of your friend's house,
2040540	2046040	the police have a right to walk through the rest of the house for their own protection.
2046240	2050760	And that means that they can search anywhere that a human can be hiding.
2051580	2054880	So if you arrest someone in the living room, the cop can walk through the back bedrooms
2054880	2057440	and search underneath the bed, can open the closet,
2057440	2063180	anywhere that a police officer can reasonably believe a suspect might be hiding.
2064360	2068260	I even remember searching the attic crawl space one time
2068260	2071360	because we had a reasonable belief that someone...
2071360	2075240	there's marks on the wall and the trap door was over the side.
2075240	2077660	We searched a crawl space.
2078260	2084000	This is some of you guys' greatest fear and that's body searches.
2084200	2088460	When can they search intimate places of your body?
2089380	2094560	Well, the answer varies depending on your location.
2094720	2097840	If you're in prison, I mean just forget about it.
2097840	2101260	I mean you're kind of... as long as they get probable cause,
2101260	2103140	they're going to search all over.
2103880	2105460	What if you've got something in your mouth?
2105460	2107320	Can they force you to open your mouth?
2108360	2109900	You're out on the street.
2110300	2114100	The answer is, you know, you watch a TV show like The Shield.
2114640	2117640	I mean, let's face it, Vic Mackey is just going to pry your mouth open
2117640	2119580	and probably take a few teeth with it.
2120700	2123720	Some of you guys, who the hell is Vic Mackey?
2124700	2125960	Great TV show.
2126720	2134880	Side note, real police work is 50% The Shield and 50% Reno 911.
2135960	2138860	That is the honest truth.
2140000	2142920	Ask any cop and if they're truthful, they'll tell you.
2143620	2146840	Cross between Mackey and Dangle.
2149620	2152960	Now, we see this on TV shows because it does make good drama.
2152960	2156620	What happens if they want to perform surgery on you?
2156620	2158680	They want to dig the bullet out of your arm.
2158680	2161540	The answer is, we're going to have to get a court order.
2161540	2162660	We're going to have to go to the judge and say,
2162660	2164260	Judge, we need a court order.
2164260	2165840	And the judge is going to look at various things.
2165840	2168480	Not only probable cause, but this is a person's life at risk
2168480	2172760	and the extent of the crime, that type of stuff.
2173540	2174580	Abandoned property.
2174580	2179640	This is something that gets a lot of people in trouble.
2179640	2182960	As a police officer, I stole lots of trash.
2183760	2186520	As soon as you put your trash out to the curb,
2186520	2192220	the police can show up, pick your trash up, and go through it.
2192220	2196100	Now, I know some of you guys have probably heard of this technique.
2196220	2198580	Not that you guys would ever do it yourself.
2199940	2201600	A little side note.
2202380	2205780	I'm an attorney and I actually had a client call me up one time.
2205780	2210220	And he says, what's the rule about me stealing my competitor's trash?
2211160	2212900	And I had to think about it for a second.
2213040	2216100	The first question is, why would you want to steal their trash?
2216100	2220280	Well, he was in the business of selling computers.
2220460	2223500	And that was back in the day when you could actually make some money doing that.
2224060	2227580	And he was... I had a local competitor.
2227700	2229180	Actually, I had two or three of them.
2229320	2233180	And every couple... well, you do it twice a week
2233180	2235140	because trash pickup was twice a week.
2235140	2240100	And what he did is he'd go over to their dumpster
2240100	2243780	and he'd go in and steal their trash.
2243780	2247390	And his competitors did not shred.
2248240	2253640	And so, for about two years, he knew when the time came up
2253640	2257480	to put in bids on big projects like at the college
2257480	2262680	or the city's buying 150 new computers,
2262680	2264740	he'd go over and he'd steal the trash.
2264740	2267660	And he'd see the rough drafts for their bids.
2267780	2269060	And he always came in.
2269060	2273140	He never lost one contract because he stole their trash.
2273560	2275820	And needless to say, his competitors went out of business
2276380	2278940	and before the computer sales crashed,
2278940	2282680	he sold his business for a million dollars.
2283300	2285580	Now, unfortunately, he didn't give his attorney any,
2285580	2289500	but a good example why you need to shred your trash
2289500	2291640	because there's not just the police,
2291640	2294640	but a business competitor is going to steal your trash.
2296560	2297860	And it's legal.
2298960	2301160	Student searches, most of you guys are probably
2301160	2303040	pretty familiar with this yourself.
2303100	2304600	The police are going to be able to come in
2304600	2306580	and run a dog through the hallways.
2306580	2308100	They can sniff your locker.
2308680	2310440	They can open your locker.
2311140	2313920	Now, some schools have actually banned backpacks
2313920	2318420	just for the reason that if there's a backpack in that locker,
2318420	2320900	it makes it a lot more difficult for the police
2320900	2324860	to do a thorough search because you can't open the backpack.
2325020	2326580	And so we see some schools saying, you know what,
2326580	2327980	no more backpacks.
2328340	2329640	And that way when they open their locker,
2329640	2331200	there's nothing to impede the search
2332860	2337040	by school officials or by the police.
2339520	2341680	College, a warrant is required.
2341680	2343980	If you're living on a dorm room,
2344720	2348140	a warrant is required before they can enter your dorm room
2348140	2349180	and do a search.
2349900	2353820	Unless they come up with some sort of safety or health reason.
2354460	2355660	Got some questions?
2365760	2367580	Yeah, the question was, back in high school,
2367580	2369020	they're running a dog through the hallways
2369020	2372020	and the dog alerts on a locker for drugs.
2372840	2376000	Yes, that gives them probable cause to open that locker.
2376140	2378260	And even if there's a backpack in there,
2378260	2379720	they can go ahead and open that.
2380440	2383660	And, you know, we're going to do dog searches here in a minute.
2383660	2384640	Go ahead.
2391710	2395110	The question was, do the searches at the high school level
2395110	2397130	apply to both public and private?
2397530	2399390	The answer is yes.
2399750	2401410	And the reason is this.
2401410	2403910	We're looking at who is doing the searches.
2403910	2406450	It is the police department coming in,
2406450	2407390	which is the government.
2407390	2409250	So we're looking at constitutional issues.
2409250	2411610	Now the fact that a private school, I assume,
2411610	2413890	is the main reason for the question.
2413890	2417310	If a private school asks the police department to come in,
2417310	2420090	you know, that's all that's needed.
2420090	2421550	A good invitation.
2422230	2424450	Now police just can't show up at a private school
2424450	2425410	and start doing searches.
2425410	2426710	I mean, they've got to have permission,
2426710	2428410	just like everyone else.
2439380	2441860	Okay, he wants to steal his competitor's trash
2441860	2444240	that is not on the curb,
2444240	2447460	but is close up by the building, I assume.
2447660	2448360	Okay.
2450180	2451300	I'll put it this way.
2451300	2456800	Government agencies cannot go up next to a house
2456800	2458640	and steal the trash.
2459520	2460720	Private individuals?
2460720	2464020	Can you go up to your competitor and steal their trash
2464020	2467240	that's sitting up against the wall of their house?
2467240	2468340	The answer is,
2470040	2471700	I wouldn't do it.
2473780	2476100	I assume they never put it out by the curb.
2476100	2478200	I mean, the idea is, what we're talking about
2478200	2479420	is abandoned property.
2479420	2481320	They have to abandon their property.
2482300	2484080	Now, I guess you could get a, you know,
2484080	2486700	if you paid, if you stopped the trash truck
2486700	2488520	and said, look, man, I'll give you 20 bucks
2488520	2491820	to give me the bags of trash that come out of that business.
2492600	2495620	And the trash man says, yeah, that sounds like a great idea.
2496260	2499100	That's totally legal, okay, in my opinion.
2499320	2503160	But once again, I, you know, I'm an attorney in one state,
2503160	2504880	and there's 49 more out there,
2504880	2507900	so I, you know, operate on your own.
2509380	2511260	What about the dumpsters?
2512040	2513120	The dumpsters?
2515620	2517960	The thing about dumpsters is they're usually located
2517960	2520030	at the edge of the property anyway,
2520420	2524160	so you could, you know, once again,
2524160	2525840	you know, it's hard to say.
2526260	2527860	It's one of those things you have to see
2527860	2529080	to make a determination.
2529420	2532340	But if it's obviously on the edge of the property,
2532340	2533860	I mean, you're going to be able to do it.
2534060	2536660	The big question, once again, is, is it abandoned?
2536660	2537640	Okay?
2537640	2540020	Once you throw out trash, it's abandoned.
2540020	2542760	But if you regain control over it,
2542760	2544460	that's why you actually see some businesses
2544460	2546880	with locks on their dumpsters.
2546940	2549320	Not that you guys would ever go dumpster diving,
2549320	2554500	but if you're out there, you see people,
2554500	2555820	you know, some of the high-tech companies
2555820	2557960	will put locks on their dumpsters,
2559020	2560360	that type of stuff.
2560360	2564320	So if they have a lock on their dumpster
2564320	2566520	and you cut the lock off, yeah, that'd be illegal.
2567340	2568620	Another question?
2579170	2582310	The question is, if you're on their property,
2582310	2584830	the edge of the property, dumpster diving,
2584830	2586850	private security shows up,
2586850	2589470	are you obligated to leave?
2592130	2592610	Um...
2593810	2595890	You know, there's no reason for a confrontation
2595890	2598470	because they can't be everywhere all the time, right?
2598470	2600270	I mean, I'm not telling you to go dumpster diving.
2600270	2601930	I'm just saying...
2603130	2605390	It's best not to have a confrontation.
2605390	2607190	I mean, leave.
2608330	2610990	And, you know, if you really want what's in that dumpster,
2610990	2612530	come back later, you know.
2619530	2620730	Anything else? Yes.
2620730	2623010	You guys are really into this trash, aren't you?
2625050	2627870	I'm just going to give a talk next year just on trash.
2637820	2639960	The question was,
2639960	2642700	if the dumpster is on public property,
2642700	2646140	let's say the city of Las Vegas has a dumpster,
2646140	2647760	you know, outside City Hall,
2647760	2649700	is it legal to go onto that property
2649700	2652940	and get in the dumpster?
2652940	2653640	Okay.
2653640	2658020	I guess the main thing that you need to understand is,
2658020	2660800	when you're going out there dumpster diving,
2660800	2663760	okay,
2663760	2666940	Sorry, I just didn't think I'd spend 10 minutes on dumpster diving.
2668660	2670620	If you're out there dumpster diving,
2671260	2673340	the big question you have to ask yourself,
2673340	2674620	has this been abandoned?
2674620	2676400	Would a reasonable person say,
2676400	2679000	the contents of this dumpster is abandoned?
2679120	2679520	Okay.
2679700	2682020	And that's going to have all the stuff we've talked about.
2682020	2683520	Is it on the edge of the property?
2683520	2685740	Is it clear that it's been thrown away?
2685780	2688380	You know, there's no locks on the dumpster.
2688740	2690920	And so the answer to your question is,
2690920	2693740	you know, you're going to have to answer that yourself.
2693740	2699560	I mean, you know, if it's up under the loading dock,
2699560	2702880	you know, of City Hall, I'd stay away from it.
2703900	2708120	But, you know, if it's out the curb,
2708120	2709780	you know, it's free game.
2709960	2710520	Okay.
2710520	2711780	Any other questions?
2713660	2714800	Yes, sir.
2719820	2721320	I can't hear you.
2726210	2728030	Well, you're at the library,
2728030	2731530	and you happen to find various files.
2732130	2732570	Okay.
2734930	2736990	Once again, I'm going to defer to the EFF.
2736990	2739710	I mean, they're electronic experts.
2739710	2742770	I'm more of the, I don't know,
2742770	2744170	if the EFF is here, don't get mad.
2744170	2745130	I'm more of the real life.
2745130	2747850	If you're walking down the road and get stopped by the police,
2747850	2749070	I can help you there.
2749070	2752350	But, you know, when you get into the electronic arena,
2752350	2754830	I'm not going to touch that,
2754830	2756490	because they're the experts.
2756490	2757130	I'm not.
2779520	2779980	Okay.
2779980	2782780	What happens if you get frisked and there's a bottle on you?
2783300	2784460	And in that bottle,
2784460	2787340	we're assuming beer or something, right?
2788700	2789880	Oh, a medicine bottle.
2789880	2790900	Oh, a pill bottle.
2790900	2791320	Okay.
2791320	2792200	I'm sorry.
2792280	2792480	Okay.
2792480	2795000	What happens if they find a pill bottle in your pocket?
2795540	2796820	Can they pull that out?
2796820	2798080	And the answer is no.
2798080	2801440	I mean, just because they felt that prescription bottle in your pocket
2802060	2803180	doesn't give them the right.
2803180	2805100	If all they're doing is frisking for weapons,
2805320	2806880	a pill bottle is not a weapon.
2807220	2807600	Okay.
2807660	2809980	Now, the next question out of their mouth is,
2809980	2811540	what's in the pill bottle?
2811540	2812100	Okay.
2812100	2813180	And we'll take it from there.
2813180	2815860	I mean, what happens from that point forward?
2816460	2818080	You know, it's going to be anyone's guess,
2818080	2820100	but, you know...
2822480	2822940	All right.
2822940	2824300	They tell me I've got five minutes left,
2824300	2831670	so let's talk about dogs real quick.
2831970	2835910	A dog has a right to be anywhere a police officer does.
2836170	2841270	So just because they have a dog doesn't mean that there's a special rule.
2841270	2842850	Usually a rule is just tied in.
2842850	2845570	Does the officer have the right to be there or not?
2845570	2847510	Let's talk about cordless phones for a second,
2847510	2849250	because I saw this happen.
2849730	2855070	My office, when I was on the anti-crime unit,
2855070	2856410	they didn't have any place to put us,
2856410	2859390	so they stuck us in with the drug officers.
2860030	2862850	And probably the neatest thing I saw,
2862850	2864270	at least from a police standpoint,
2864830	2867910	was they had a big drug dealer in town.
2867910	2870750	The drug dealer was using a cordless phone.
2871010	2871490	Okay.
2871510	2875710	And basically the officers rented the house across the street
2875710	2880830	and got a scanner and listened in on all the cordless phone conversations.
2880830	2885590	Well, what happened is the bad guy's cordless phone went out.
2885590	2886470	It broke.
2886690	2892090	And how they realized was they stopped hearing the phone conversations.
2892250	2896450	And when they stole the trash, they found the broken cordless phone in the trash.
2896450	2897630	And so they were in a dilemma,
2897630	2900950	because this was really good intelligence they were gathering,
2900950	2902130	and they didn't know what to do.
2902210	2907110	And so they had the local printer print up a little brochure,
2907110	2908310	and they sent it to them in the mail.
2908310	2910550	And this is one of those brochures you may have seen.
2910550	2915510	It says, you have won either a trip, you know, to Hawaii,
2915670	2917610	a cordless phone, or $50.
2918270	2921090	Well, and they said on this brochure,
2922150	2925550	and you will receive notification of your prize next week.
2925550	2927210	And next week, what'd they do?
2927270	2928970	They sent them a cordless phone.
2932860	2935000	Now, the drug dealer...
2936360	2937940	Now, the drug dealer's real happy.
2937940	2938520	He cooperated.
2938520	2939520	He plugged in the phone,
2939520	2942120	and for a few more months they gathered intelligence.
2943340	2945320	And this was back in the day when crack was...
2945320	2947000	I mean, these were crack dealers, you know.
2947680	2949840	And, you know, I guess if you're dealing crack,
2949840	2951460	you're probably not very smart anyway.
2951820	2953520	So they took the cordless phone.
2954140	2958200	I'm going to leave email communications to EFF.
2960340	2960700	Wiretapping...
2960700	2962660	I'm going to leave most of that to them.
2962660	2963460	I will say this.
2963460	2966780	Roving wiretaps has made a lot of people real nervous.
2966780	2969260	And just understand that a roving wiretap
2969260	2971260	doesn't mean there's a...
2971260	2972260	well, hopefully...
2972260	2975560	doesn't mean there's the FBI van driving down your street
2975560	2978600	just kind of tapping into various people's phone calls.
2978600	2980120	That's not what it's talking about.
2980120	2982940	A roving wiretap is more along the lines of
2982940	2986140	they have a suspect who uses several different phones
2986140	2990460	and this warrant covers the federal government
2990460	2991920	or the state government going around
2991920	2995480	and moving from phone to phone.
2995480	2996180	Okay.
3000060	3001640	Use of bugs by law enforcement.
3001640	3003200	When can they bug your house?
3004040	3006640	The answer is not very often.
3006640	3008200	You really don't have anything to worry about
3008200	3011440	bugging your house unless you're a real big criminal.
3014120	3015560	Let's talk about this real quick.
3015560	3017620	I probably got like two minutes left.
3020080	3023480	What happens if a police officer does do something wrong?
3023480	3028040	What happens if they violate your constitutional rights?
3028040	3030200	Once again, I want to say this.
3031800	3035040	Most officers, 98% of them, are not going to do anything
3035040	3038340	intentionally to violate your constitutional rights.
3038340	3039980	There's a couple reasons for that.
3039980	3043240	First of all, it's usually really easy to get a search
3043240	3046300	or it's really easy to get arrest on somebody.
3046520	3050580	Probably the best training officer I ever had,
3050580	3053160	he made a statement that has stuck with me forever
3053160	3054000	and that's real simple.
3054000	3057200	He says, look, there's no reason to go out there
3057200	3059240	and violate anyone's constitutional rights.
3059240	3062620	If they are a criminal, if they're someone up to no good,
3062620	3065060	they will continue to do that.
3065060	3066800	And eventually, you're going to catch them.
3066800	3070360	So there's no reason, no reason at all,
3070360	3073380	to violate the constitutional right.
3073380	3074300	That hurts you.
3074300	3076100	It hurts your honor more than anything else.
3076100	3077920	And that's the only thing you have as a police officer.
3077920	3079500	You have to do the right thing.
3079500	3081100	You have to uphold the constitution.
3081100	3082400	That's what you're here for.
3082400	3084660	And most officers understand that.
3084660	3085520	I mean, it's a job.
3085520	3090140	I don't care if you guys are writing code or making tacos.
3090900	3093660	It's the same thing as a police officer job.
3093660	3095680	In other words, they go to work every day
3095680	3098000	and they do their job.
3098020	3100540	And they realize if they don't get the criminal today,
3100540	3101920	they're probably going to get them tomorrow.
3101920	3106080	So most officers won't do anything that violates your constitution.
3106080	3108140	But unfortunately, there's the other 2% that do.
3108140	3109400	They're just bad people.
3109400	3111520	Just like there's bad doctors,
3111520	3115240	think about who you work with right now.
3115240	3117240	There's someone you hate at work.
3117760	3119260	And cops are the same way.
3119340	3121360	You go to a police station and you say,
3121360	3123020	if you could actually get their confidence and say,
3123020	3125320	which cop here is the biggest idiot?
3125940	3130220	And everyone would say, Bob or Frank or Mary.
3131500	3132800	It doesn't matter where you work.
3132800	3134880	If you're making tacos or you're the cop,
3134880	3138020	there's someone that you know that just can't make tacos
3138020	3139780	or shouldn't be a cop.
3139780	3141840	And they're no different.
3141840	3142560	Well, what happens?
3142560	3145480	Well, first of all, if they do violate your constitutional rights,
3145480	3148660	what you can do is sue them.
3148900	3151640	Or if you're under criminal indictment,
3151640	3154280	you can do what's called the exclusionary rule.
3154280	3159900	It makes them throw out all the evidence they have against you.
3161220	3164700	Civil law, 1983, some of you may be familiar with that.
3164700	3168140	That allows you to sue the police or any other government official
3168140	3170860	that has violated your constitutional rights.
3170860	3174380	That person, if they violate your rights,
3174380	3175860	you can file a lawsuit against them.
3175860	3177720	That's what we see Rodney King.
3177920	3181620	Now, Rodney King, what happened there is,
3181620	3183240	I can't remember how much he walked away.
3183240	3187920	I think it was like $1.43 million.
3189180	3191880	I don't know if I'd take that beating for one point.
3193280	3198020	But, you know, he walked away under Section 1983 for that.
3198520	3201040	And the officers in that case, at least two of them,
3201040	3203420	went to prison under that same section.
3203660	3206800	So it has both a civil action and a criminal action
3206800	3208580	you can take under 1983.
3209800	3213400	And something that's often overlooked is what's called internal affairs.
3213500	3215200	And that's where you go to the police station
3215200	3217980	and you make a complaint against that particular officer
3217980	3219900	and they do an investigation.
3219900	3221740	Now, some larger departments
3221740	3224680	have their own separate investigation agency.
3225620	3229840	And it can result in time off and reduction in rank and fire
3229840	3231300	and that type of stuff.
3232200	3235100	I see him in his eyes. He's making the cutthroat sign.
3235100	3237040	I think it's time for me to get off.
3237100	3239980	If you have any questions, they want us to clear the tent
3240880	3242620	for the next speakers.
3244220	3246480	I guess that's... I'm looking at the goon.
3246480	3247920	He's not doing anything.
3247920	3249560	We don't have to clear the tent.
3249880	3251920	Okay, we don't have to clear the tent.
3254280	3256860	But if you have a question, you're welcome to come up and ask me.
3256860	3259040	Remember to use the first word out of your mouth.
3259040	3260280	It's hypothetically.