[00:11.140 --> 00:19.460]  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.
[00:19.860 --> 00:24.300]  But no, we've probably got a mixed crowd in here, maybe some federal agents.
[00:24.300 --> 00:27.820]  The other one's frowning, probably, so that might be a good way to pick them out.
[00:31.500 --> 00:34.660]  And my name is Steve Dunker. I'm a college professor.
[00:34.660 --> 00:48.600]  I teach criminal justice and paralegal at Northeastern State University in a town called Tahlequah, which is near Tulsa, Oklahoma.
[00:48.600 --> 00:50.120]  It's Indian country.
[00:50.860 --> 00:58.200]  And what I'm going to talk about today is something, even though the title is Hacker's Guide,
[00:58.200 --> 01:07.200]  this is something that everybody, it doesn't matter who you are, it's good information you can use.
[01:07.860 --> 01:13.340]  And as far as law enforcement agents who are here, don't frown at me too much.
[01:13.340 --> 01:15.760]  I think you're going to agree with everything I say.
[01:17.080 --> 01:21.480]  I think even the hackers who are here today are going to agree with everything I say.
[01:21.940 --> 01:24.320]  Let me start out by saying this.
[01:25.340 --> 01:38.580]  What this talk is really about is the Constitution of the United States and how important it is in our life every day.
[01:40.040 --> 01:42.920]  Let me give you a little bit of background about myself.
[01:42.920 --> 01:45.940]  I used to be a police officer. I was a police detective.
[01:46.780 --> 01:50.080]  I worked major case squad for a little while.
[01:50.080 --> 01:55.140]  I've investigated everything from parking tickets to a couple murders.
[01:56.900 --> 02:04.200]  So I'm not anti-police as long as you're following the Constitution.
[02:04.200 --> 02:11.840]  I think you have a hard time finding any police officer who's going to say, I'm against the Constitution.
[02:11.880 --> 02:18.420]  There's only a handful of officers, in my opinion, who make everyone else look bad.
[02:18.420 --> 02:23.280]  In fact, they really irritate most good officers.
[02:24.660 --> 02:26.680]  But back to the Constitution.
[02:27.580 --> 02:33.840]  One thing we need to start right off and know about the Constitution is, in fact,
[02:33.840 --> 02:45.320]  it's a tool that restrains the federal government and the state governments from doing certain acts against the public.
[02:45.320 --> 02:46.540]  And that's what it's for.
[02:46.540 --> 02:53.180]  It doesn't restrain the citizens. It restrains the federal government and the state governments.
[02:54.120 --> 02:56.140]  So that's what we're going to look at.
[02:56.140 --> 03:05.480]  So when I say agent or officer or police, keep in mind that's who we're talking about.
[03:05.480 --> 03:10.720]  We're not talking about the security guards who are riding their bicycles around the hotel today.
[03:10.720 --> 03:19.040]  We're not talking about any other private agency who's out there, private corporation.
[03:20.260 --> 03:22.980]  They're not restrained by the Constitution.
[03:23.480 --> 03:25.960]  Just the government.
[03:32.900 --> 03:34.840]  I'll get my PowerPoint to work here.
[03:36.120 --> 03:44.540]  These are four categories that an officer can step in and do what's called a stop.
[03:45.040 --> 03:47.600]  And we're going to go through these four categories.
[03:47.940 --> 03:51.180]  The first one has actually been in the news lately.
[03:51.180 --> 03:53.460]  And that's the voluntary stop.
[03:53.520 --> 03:57.880]  And those of you who are from New York, you've probably heard of this.
[03:57.880 --> 04:04.180]  This is where the officers are coming up to people on mass transit and asking to search their bags.
[04:05.200 --> 04:08.660]  This is what's known as a voluntary stop.
[04:08.660 --> 04:10.760]  They have the legal right to do that.
[04:10.760 --> 04:16.560]  An officer can come up to anyone at any time and ask to search.
[04:17.460 --> 04:22.260]  Now, the key is that you don't have to give them permission.
[04:22.820 --> 04:25.780]  You have the right to say yes or no.
[04:26.600 --> 04:30.760]  Now, there is obviously some...
[04:31.340 --> 04:33.120]  Yeah, I'll get this right yet.
[04:35.660 --> 04:39.680]  There is some pressure, obviously.
[04:39.680 --> 04:44.840]  If a police officer comes up to you and asks you to look in your backpack,
[04:45.480 --> 04:49.980]  I'll tell you right now, 99% of the people in this room are going to say yes.
[04:51.160 --> 04:56.640]  And you've probably wondered when you watch TV and you hear news reports about...
[04:56.640 --> 04:59.660]  Actually, I was watching TV last night. I don't know if anyone else saw this.
[04:59.660 --> 05:00.860]  The news was on.
[05:01.080 --> 05:06.360]  Maybe I was the only one here who was actually in their motel room for the news at 10 o'clock.
[05:06.360 --> 05:15.220]  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.
[05:15.320 --> 05:17.140]  And it came on about a drug dealer.
[05:17.200 --> 05:22.440]  And what happens is the police, the local police, went to his house and they asked if they could come in.
[05:22.440 --> 05:23.820]  And he said, yeah, sure.
[05:24.240 --> 05:29.980]  And once they came in, he voluntarily told them he had a bag of marijuana.
[05:31.840 --> 05:38.540]  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?
[05:38.680 --> 05:40.240]  And he says, yeah, sure.
[05:40.700 --> 05:49.780]  And so what happens then? Well, they find five individually packaged packages of methamphetamine.
[05:51.020 --> 05:54.240]  And then they find the sawed-off shotgun.
[05:55.520 --> 05:59.740]  Now you're wondering, what was that guy thinking? He must have been high, right?
[05:59.740 --> 06:03.020]  I mean, why else is he going to give permission?
[06:03.100 --> 06:07.200]  Well, there is some pressure. A lot of pressure on people.
[06:07.200 --> 06:10.000]  I went to law school. I am an attorney.
[06:11.040 --> 06:22.400]  And two of my professors, one of them, she actually used to be a federal prosecutor.
[06:23.760 --> 06:26.440]  And obviously they're both attorneys.
[06:26.440 --> 06:34.100]  And just the fact that they are law school professors means that they're pretty smart.
[06:34.360 --> 06:38.440]  Well, these two professors were on an airplane.
[06:38.540 --> 06:43.280]  I went to law school in Kansas City. They came back from a seminar.
[06:43.540 --> 06:49.100]  And they were stopped by two DEA agents in the airport.
[06:49.100 --> 06:51.200]  And they said, hi.
[06:51.720 --> 06:54.820]  Basically the DEA agents introduced themselves and said,
[06:54.820 --> 06:58.080]  would you two mind coming with me to our office?
[06:58.080 --> 07:00.980]  We'd like to talk to you about your flight.
[07:02.000 --> 07:05.460]  Now, let's put it this way. Most of us, and they're no exception,
[07:05.460 --> 07:09.100]  the DEA shows up and says we want to talk to you about your flight,
[07:09.760 --> 07:12.180]  you feel a lot of pressure, right?
[07:12.800 --> 07:16.900]  But you think if anyone would know better, these two law professors would,
[07:16.900 --> 07:20.820]  an ex-federal prosecutor, and they're both members of the ACLU,
[07:20.820 --> 07:22.880]  they're going to know what their rights are.
[07:22.880 --> 07:24.680]  But in fact, they felt pressured.
[07:24.680 --> 07:28.860]  And in fact, they went back to the DEA office there at their airport,
[07:28.860 --> 07:32.240]  and they consented to a search.
[07:32.900 --> 07:40.900]  Now, trust me, these two women are no way drug dealers.
[07:40.900 --> 07:45.020]  And I'm just kind of suspicious of why they were even stopped.
[07:45.020 --> 07:52.780]  I was half wondering if they were stopped just so the federal agents could get their ratios down.
[07:52.780 --> 07:59.660]  In other words, they need two white women to add to their tally as far as who they've been stopping.
[07:59.740 --> 08:05.860]  If you stop too many people of one race, you can get yourself in trouble.
[08:06.060 --> 08:09.220]  But I don't know if that's what was going on. I have no way of knowing.
[08:09.220 --> 08:20.060]  But the fact is, these two women, who should have known better, did everything that DEA agents asked them to.
[08:20.860 --> 08:25.780]  So one thing we need to just remember, it's okay to say no.
[08:26.120 --> 08:28.200]  And no means no.
[08:34.260 --> 08:37.600]  Our next category is investigative stops.
[08:38.300 --> 08:44.860]  Investigative stops are probably what you guys are most used to.
[08:45.500 --> 08:49.660]  You're driving down the road and you get stopped by the police.
[08:50.300 --> 08:55.360]  An investigative stop requires that there's some type of reasonable suspicion.
[08:55.900 --> 08:57.460]  And this can be anything.
[08:58.960 --> 09:03.500]  I would say, when I was a police officer, I've made thousands of stops.
[09:03.500 --> 09:10.860]  And out of those, I'd say 95% were probably just plain old investigative stops.
[09:10.860 --> 09:15.660]  Something was going on that piqued my interest in that car.
[09:16.300 --> 09:23.320]  The one thing I noticed over in the room, they're selling the little license plate borders.
[09:23.420 --> 09:26.080]  The one that says, I love war driving.
[09:26.080 --> 09:32.460]  If you put that on your car and you're waving a Pringle can out the window,
[09:34.240 --> 09:41.500]  that is a reasonable suspicion to a police officer who has knowledge.
[09:43.840 --> 09:45.580]  Think about it.
[09:46.800 --> 09:49.600]  If you do that, you're just asking for trouble.
[09:49.600 --> 09:53.660]  Police officers, that's what they do. They drive around. It's their job.
[09:53.660 --> 09:55.460]  They answer calls.
[09:56.480 --> 10:00.640]  And if they see anything suspicious, it's their job to stop you.
[10:01.960 --> 10:06.020]  So you've got to have a little bit of...
[10:06.780 --> 10:09.940]  I guess if the vendor's here, he's going to get mad at me.
[10:10.660 --> 10:16.160]  But I'm not sure you should buy a war driving license plate cover if you're actually a war driver.
[10:17.620 --> 10:20.120]  Let's talk about roadblocks for a second.
[10:20.120 --> 10:25.140]  And I actually, as a police officer, I was really...
[10:25.140 --> 10:26.400]  I hate roadblocks.
[10:26.400 --> 10:33.220]  I think it probably has to do with the fact that when I was younger, back in my time,
[10:33.220 --> 10:37.060]  they had all the war movies involving Nazis.
[10:37.280 --> 10:40.380]  And the Nazis, the bad guys, always had the roadblock, right?
[10:41.240 --> 10:42.560]  Papers, please.
[10:43.060 --> 10:49.120]  And even when I was a police officer, I refused to participate in roadblocks.
[10:49.120 --> 10:53.020]  I mean, they still went on.
[10:53.020 --> 10:54.860]  It's not like, oh, Dunker's not going to do it.
[10:54.860 --> 10:56.720]  Let's shut down the roadblock.
[10:57.860 --> 10:59.480]  But they're out there.
[10:59.640 --> 11:07.300]  And I'm going to cover some of the more common ones that you need to be aware of.
[11:09.020 --> 11:12.500]  Probably the most common one is DWI roadblock.
[11:18.020 --> 11:20.520]  DWI roadblocks or DUI roadblocks.
[11:20.520 --> 11:25.280]  Drunk driving roadblocks in all kinds of terminologies being used.
[11:25.280 --> 11:29.420]  They are valid as long as a procedure is followed.
[11:30.760 --> 11:35.900]  And that is set down by the United States Supreme Court.
[11:36.280 --> 11:39.740]  And for you, as you come up to the roadblock,
[11:39.740 --> 11:42.900]  that procedure at that point in time doesn't really matter to you.
[11:42.900 --> 11:45.820]  What matters to you is if you get arrested.
[11:45.820 --> 11:49.880]  And then you can have your attorney examine the procedures and make sure they're followed.
[11:50.280 --> 11:52.660]  And just a little side note, what are those procedures?
[11:52.960 --> 11:55.120]  Well, they have to publish it in the newspaper.
[11:55.600 --> 11:56.740]  There's a good reason.
[11:56.740 --> 12:04.600]  Those of you who are drunks, if you're not so smart drunk and you try to drive,
[12:04.600 --> 12:08.380]  you better read the newspaper because they'll tell you about them.
[12:10.820 --> 12:16.340]  DWI roadblocks are probably the one that most people support
[12:16.340 --> 12:22.900]  because there are a lot of people injured and killed by drunks.
[12:23.000 --> 12:26.380]  And that is probably something that needs to be cut down or is something that needs to be cut down.
[12:26.380 --> 12:27.940]  But we have other types of roadblocks.
[12:27.940 --> 12:31.900]  Driver's license registration and insurance checkpoints.
[12:32.280 --> 12:33.840]  Have you ever been through one of those?
[12:34.580 --> 12:36.240]  Fleeing felon checkpoints.
[12:36.240 --> 12:37.840]  Crime witness checkpoints.
[12:37.840 --> 12:46.560]  These are the type of checkpoints that we saw with the D.C. snipers.
[12:46.900 --> 12:54.340]  The guys were shooting up the place and one of the responses law enforcement had was to put up roadblocks.
[12:54.640 --> 13:00.360]  Now, none of us are snipers here today, but you can still get yourself in trouble with a roadblock.
[13:00.360 --> 13:06.480]  Let's say they have a felon roadblock up and you pull up and you're drinking a can of beer.
[13:06.480 --> 13:10.140]  What's going to happen to you? Do they let you go?
[13:11.480 --> 13:18.420]  Now, if you pull up to a roadblock that's for some reason, let's say you're a game warden roadblock
[13:18.420 --> 13:25.960]  and they're looking for poachers and you pull up there and you have some other violation,
[13:27.620 --> 13:33.080]  smoking grass or whatever, they're going to take you in.
[13:34.700 --> 13:41.100]  So be aware that most roadblocks are valid. There's not a whole lot you can say or do about them.
[13:43.280 --> 13:53.860]  And you can't depend on getting out of trouble by pleading some sort of unconstitutional issue with a roadblock
[13:53.860 --> 13:58.780]  because most of them are illegal and you're going to have to bite the bullet.
[13:59.320 --> 14:02.220]  Alright, what can an officer illegally arrest an individual?
[14:02.760 --> 14:07.360]  Well, you have to have what's called probable cause. Probable cause, as you can read there,
[14:07.360 --> 14:12.460]  exists when there's enough facts and circumstances to lead police officers in the light of their experience
[14:13.260 --> 14:17.360]  to the reasonable belief that a person has committed or is committing or is about to commit a crime.
[14:17.360 --> 14:22.820]  Now, if we go back to our war driving example, you got the license plate, you got some contraption
[14:22.820 --> 14:30.860]  that actually looks like a Pringle can, and you're waving it out the window and there is a laptop in your possession.
[14:32.880 --> 14:37.940]  Now, I'll tell you right now, in my experience, most police officers actually won't even know what you're doing.
[14:39.060 --> 14:47.120]  But if you run into one who actually realizes what's going on, is that probable cause?
[14:48.480 --> 14:56.380]  Well, when you read this statement, it sure is. They're going to be able to at least search your car.
[14:57.460 --> 15:00.600]  Now, the big question some of you have right away, how do they know I'm war driving?
[15:00.600 --> 15:04.340]  Just because I have a laptop and a Pringle contraption, right?
[15:06.380 --> 15:11.580]  Is this officer going to start rummaging around on my laptop trying to figure out if I broke into a network?
[15:11.580 --> 15:19.760]  The answer is no. Unless they're inexperienced, someone who doesn't know what they're doing might try to get in your laptop.
[15:20.200 --> 15:25.240]  But the chances are, you're at least going to be searched. You're at least going to be stopped.
[15:25.340 --> 15:36.000]  Are you going to be arrested? Maybe. Depends. Depends on the expertise of the officer.
[15:36.000 --> 15:44.040]  But if we transfer it to something else, let's say you're with your friends, you're driving down the road,
[15:44.040 --> 15:47.800]  and one of the four in the car is drinking a beer.
[15:48.220 --> 15:53.720]  You get pulled over for speeding.
[15:54.360 --> 15:59.360]  The officer comes up, wants to see the driver's license and insurance,
[15:59.360 --> 16:06.680]  and notices a can of beer, which someone threw underneath the seat and is now leaking all over the floor mat.
[16:06.680 --> 16:08.240]  I don't know if you've been there.
[16:09.920 --> 16:13.840]  You know, the old hide the beer, hide the beer. It's the cops.
[16:15.260 --> 16:18.800]  Does the officer even have to see the can? The answer is no.
[16:19.000 --> 16:23.920]  All they have to do is smell and take a look. Yep, that looks like beer to me. Smells like beer.
[16:23.920 --> 16:34.560]  And we have a whole new game. That officer has enough reasonable suspicion at least, probably on the way to probable cause,
[16:34.560 --> 16:36.460]  to get everyone out of the car.
[16:37.460 --> 16:40.740]  And it is constitutional to get everyone out of the car.
[16:40.740 --> 16:45.360]  You line them up on the side of the road, and you start questioning it.
[16:45.360 --> 16:52.380]  And they dig the can of beer out from the car, and they find out everybody in the car is a minor.
[16:53.440 --> 16:56.700]  Who can they arrest? There's only one can of beer.
[16:58.180 --> 17:00.940]  They can arrest everybody, believe it or not.
[17:02.220 --> 17:03.900]  Minor in possession.
[17:04.600 --> 17:16.010]  Now, there's no warrant required, unless usually you're in your home.
[17:16.010 --> 17:21.670]  If you're in your home, the general rule is you're going to have to have a warrant to arrest that person,
[17:21.670 --> 17:26.490]  unless there's some kind of circumstances that negates that.
[17:26.730 --> 17:31.070]  If we talk about searches real quick.
[17:32.430 --> 17:39.930]  Consent search is what we started off this talk about.
[17:40.550 --> 17:44.890]  And we're going to go through some ones that you may have some questions about.
[17:44.890 --> 17:49.990]  The consent search of a person is nothing more than asking somebody, you're the police officer,
[17:49.990 --> 17:51.650]  can I search you?
[17:51.650 --> 17:54.750]  And if you say yes, then that's a consent search.
[17:54.850 --> 17:57.890]  Now, what if you're a minor?
[17:57.890 --> 18:01.390]  What if you're 16 years old, and the police want to search you?
[18:01.710 --> 18:06.610]  Well, believe it or not, in some states, your parents can give them the right to search you.
[18:09.350 --> 18:12.210]  Search property, an auto or building.
[18:12.210 --> 18:17.990]  Well, you have to have legal control over that property or building to search it.
[18:17.990 --> 18:19.230]  Well, what does that mean?
[18:19.230 --> 18:24.030]  Well, that means that you legally control that property.
[18:24.030 --> 18:29.150]  Well, can your landlord give consent to search your house?
[18:29.150 --> 18:31.510]  And the answer is no.
[18:31.590 --> 18:38.070]  The landlord cannot give the police the authority to search your house.
[18:38.070 --> 18:45.810]  Now, the same thing for the hotel manager, which may make a couple of you here feel better today,
[18:45.810 --> 18:49.470]  because the hotel room is safe and secure.
[18:49.690 --> 18:54.190]  Even if the hotel manager shows up with the police outside your room,
[18:54.190 --> 18:58.130]  if they don't have a warrant, that hotel manager cannot let them in.
[18:58.130 --> 19:00.370]  The maid cannot let anybody in.
[19:01.250 --> 19:03.210]  But what if you've got a roommate?
[19:03.530 --> 19:06.910]  Some of you may be sharing your hotel room with 12 other people.
[19:06.910 --> 19:15.910]  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.
[19:15.950 --> 19:17.530]  So, hopefully you know your friends.
[19:18.970 --> 19:19.610]  Alright.
[19:24.960 --> 19:26.280]  Your parents.
[19:26.760 --> 19:29.660]  Some of you are young enough, you may be still living at home.
[19:31.320 --> 19:33.620]  Can they give consent to search the home?
[19:33.620 --> 19:35.720]  Well, the answer is, generally, yes.
[19:35.720 --> 19:40.440]  They can search anywhere in your home that your parents have control over.
[19:40.760 --> 19:46.440]  Now, every once in a while you see a younger person who takes extreme examples.
[19:46.440 --> 19:53.260]  They'll put padlocks out on their door to their bedroom, as if they're exerting control over that room.
[19:53.260 --> 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.
[20:01.540 --> 20:10.500]  So, if you're going to be out there and want to exert domain, I guess we'll say, over your own particular room,
[20:10.500 --> 20:15.320]  you better make sure that no one else in that house has the ability to get in there.
[20:15.320 --> 20:24.040]  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,
[20:24.040 --> 20:27.260]  you do not have sole possession of that bedroom.
[20:29.140 --> 20:35.120]  Roommates. Keep an eye on your roommates. That includes husbands, wives, girlfriends, boyfriends.
[20:35.520 --> 20:38.760]  They can give consent, even if you're not there, right?
[20:41.810 --> 20:44.830]  If law enforcement has a warrant, you've got to let them in.
[20:45.630 --> 20:48.090]  It's even a line out of an old song, I think.
[20:48.190 --> 20:52.290]  If they show up outside your house with a warrant, you better let them in.
[20:52.410 --> 20:55.370]  They will not wait while you call your attorney.
[20:55.370 --> 21:00.570]  If you answer the door and say, I'm going to call my attorney and slam the door in their face,
[21:00.570 --> 21:02.650]  their next move is to kick the door in.
[21:03.430 --> 21:09.010]  Let's talk about warrants just for a second, because we see this portrayed in the media.
[21:09.390 --> 21:15.750]  The typical way to serve a warrant, believe it or not, is they show up at your house and they knock on your door,
[21:15.750 --> 21:20.270]  they answer your door and they say, hi, we're from X police agency.
[21:20.870 --> 21:22.910]  We got a warrant, we want to search your house.
[21:22.910 --> 21:26.010]  None of this SWAT team stuff we see on TV.
[21:26.010 --> 21:32.790]  We don't have any type of flashbang grenades going off unless you're really a big desperado.
[21:32.790 --> 21:35.690]  Usually it's very benign and boring.
[21:35.690 --> 21:37.930]  They just knock on your door, hand you a copy of the warrant.
[21:37.930 --> 21:40.830]  One guy talks to you while everyone else does the search.
[21:41.890 --> 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.
[21:56.440 --> 21:59.400]  The question is, how are warrants given out?
[21:59.440 --> 22:01.740]  Well, basically it works like this.
[22:03.500 --> 22:11.920]  They have to have someone come testify before a judge as for the reasons for the warrant.
[22:11.920 --> 22:14.100]  Well, what do you need to get a warrant?
[22:14.100 --> 22:18.660]  Well, you have to establish probable cause that some kind of crime is going on.
[22:18.660 --> 22:30.120]  So you get someone in there saying, yes, in our particular case, let's use drugs as an example.
[22:30.120 --> 22:37.200]  We have, and this is a very typical way it happens, we have someone who gets mad at somebody else.
[22:37.200 --> 22:39.560]  And they go to the police and they say, you know what?
[22:39.620 --> 22:44.900]  Bob has a pound of marijuana in the house right now.
[22:45.500 --> 22:48.640]  So what's the police, what's their first move?
[22:48.640 --> 22:52.060]  Well, they have to establish if that witness is credible.
[22:52.420 --> 22:59.760]  And they do that a variety of ways, which would bore you if I told you.
[22:59.760 --> 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.
[23:05.600 --> 23:08.240]  They swear to the facts they told the police.
[23:09.400 --> 23:12.620]  It's obviously better if you have two witnesses as opposed to one.
[23:13.520 --> 23:18.720]  And the judge will decide if in fact there is probable cause.
[23:18.720 --> 23:21.640]  And if there is a probable cause, the judge will issue a warrant.
[23:21.880 --> 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.
[23:33.820 --> 23:38.760]  Marijuana moves rather quickly around the marketplace.
[23:38.840 --> 23:40.640]  And there's a problem with that marijuana.
[23:40.640 --> 23:44.640]  They might be gone even as a warrant is being signed.
[23:44.640 --> 23:46.420]  And the courts recognize this.
[23:46.420 --> 23:47.880]  And so we have to have a fresh warrant.
[23:47.880 --> 23:50.560]  You can't hang on to that warrant for a week and serve it.
[23:50.560 --> 23:55.060]  Once you get a warrant issued by a judge, law enforcement is going to move pretty quick.
[23:55.060 --> 23:59.520]  Because there is a defense that they didn't move quick enough and the warrant got stale.
[24:00.420 --> 24:02.220]  And so law enforcement will move pretty quick.
[24:02.220 --> 24:03.620]  They'll go over to the house.
[24:03.620 --> 24:12.360]  If there's any type of dangerous activity involved, you know, there's supposedly guns, they might bring the SWAT team.
[24:12.480 --> 24:14.880]  But usually it's just simple knock.
[24:15.240 --> 24:17.480]  Knock on the door, which is a requirement.
[24:17.920 --> 24:21.060]  Now sometimes it is like you see in the movies.
[24:21.060 --> 24:23.640]  They knock and then they kick the door.
[24:24.700 --> 24:27.700]  But most of the time they'll wait for someone to answer.
[24:27.860 --> 24:32.760]  Or in my experience, it's more often they'll wait for someone to come home.
[24:32.760 --> 24:39.060]  And as that person is approaching the front door, the cops will swoop in and say,
[24:39.060 --> 24:41.780]  Oh, by the way, we got a warrant. We'll go in with you.
[24:41.780 --> 24:42.860]  Got another question?
[24:46.810 --> 24:54.170]  The question is, how did the Patriot Act change the process of acquiring and serving a warrant?
[24:54.270 --> 25:00.570]  The EFF is coming on after me and I don't want to steal any of their thunder.
[25:00.570 --> 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.
[25:07.670 --> 25:13.750]  Not that I am not, it's just I don't want them mad at me.
[25:18.900 --> 25:21.000]  Alright, let's talk about different types of search.
[25:21.000 --> 25:24.500]  And that's plain view, plain smell, and plain hear.
[25:25.140 --> 25:27.300]  This is one that gets a lot of you in trouble.
[25:27.940 --> 25:33.020]  This is the one that we may see in our life.
[25:33.580 --> 25:43.180]  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,
[25:43.180 --> 25:48.040]  that gives them probable cause to go in and do a search.
[25:48.120 --> 25:54.600]  And the most common one, when I was a police officer, the most common one I searched on was just marijuana.
[25:55.260 --> 25:58.720]  There's a problem with people who smoke marijuana.
[25:58.760 --> 26:03.540]  One of those is, I think their sense of smell diminishes.
[26:04.100 --> 26:09.240]  And a lot of people don't realize that you just reek of marijuana.
[26:09.920 --> 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.
[26:17.160 --> 26:22.680]  I mean, it's kind of obvious to everybody, except for the person who stopped, that marijuana use is going on.
[26:22.680 --> 26:29.740]  Well, if the police officer notices that, that gives them the right to do a search.
[26:31.600 --> 26:35.220]  And that's something to take into consideration.
[26:36.480 --> 26:38.220]  Emergency circumstances.
[26:39.320 --> 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.
[26:48.860 --> 26:53.500]  Now, the one exception to that is going to be emergency circumstances.
[26:53.540 --> 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.
[27:00.220 --> 27:04.740]  There's some type of danger. The suspect is going to get away.
[27:06.240 --> 27:08.180]  Use your imagination.
[27:08.180 --> 27:17.060]  And in those areas, the house can be searched as required to secure the evidence, or to secure the suspect.
[27:17.060 --> 27:25.760]  I think one of the last emergency searches I did, and this is along the lines of the most common,
[27:25.760 --> 27:32.980]  I remember going to an apartment complex and I heard some screaming inside a house.
[27:33.200 --> 27:37.780]  And there's obviously a big fight going on inside the apartment.
[27:39.620 --> 27:42.280]  Just a knock down, drag out fight.
[27:42.280 --> 27:47.080]  And I actually knocked on the door a little bit and for some reason they didn't answer.
[27:47.080 --> 27:49.360]  I think they're too busy beating the crap out of each other.
[27:49.380 --> 27:52.900]  And I kicked the door in and went in and I ended up arresting one person.
[27:52.900 --> 27:54.760]  He's a man beating his wife.
[27:55.420 --> 28:02.540]  Well, the fact that I kicked the door and went into their apartment falls under this category of emergency search.
[28:03.100 --> 28:07.800]  If I didn't do it, there's no way for me to go get a warrant.
[28:08.240 --> 28:11.040]  It was something that had to be done right then and there.
[28:11.040 --> 28:15.220]  And that falls under the category of emergency circumstances.
[28:18.550 --> 28:27.490]  This is a frisk. This is probably something that you're going to see a lot on television.
[28:27.490 --> 28:29.990]  You know, the old frisk-em-dannel type thing.
[28:30.310 --> 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.
[28:40.190 --> 28:42.690]  And once again, the police officer just can't do this.
[28:42.690 --> 28:47.350]  The police officer just can't show up and say, you know what, I'm going to search you for weapons.
[28:47.350 --> 28:49.750]  They have to have what's called reasonable suspicion.
[28:49.870 --> 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.
[28:59.310 --> 29:05.350]  And what happened in that example was there was a guy who was hanging around outside a jewelry store.
[29:05.350 --> 29:08.530]  And it was summertime and he's wearing a coat.
[29:09.330 --> 29:11.970]  Not that anyone at this convention would do that.
[29:11.970 --> 29:17.410]  There's no one here who wears a trench coat or a leather coat even though it's 104 degrees out.
[29:17.890 --> 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.
[29:23.170 --> 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.
[29:29.170 --> 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.
[29:37.230 --> 29:43.630]  And in fact, he was. When he went over and patted down that suspect, he found a weapon in the man's pocket.
[29:43.630 --> 29:45.890]  And he retrieved the weapon and arrested him.
[29:46.390 --> 29:49.410]  And that can happen to you.
[29:50.250 --> 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.
[29:58.850 --> 30:02.310]  You say to yourself, well, what kind of reasonable suspicion would that be?
[30:13.190 --> 30:15.610]  Anyway, how can it happen to you?
[30:16.790 --> 30:20.390]  Well, I already mentioned our trench coat friends here today.
[30:21.350 --> 30:26.310]  If you're walking around Vegas in a trench coat, it's obviously going to happen to you.
[30:26.310 --> 30:30.210]  If we go to the case in Britain that we saw about, what, 10 days ago?
[30:30.430 --> 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.
[30:40.530 --> 30:44.690]  He ends up getting shot over a very same scenario, right?
[30:44.690 --> 30:52.430]  He runs onto the train, the British police fire five rounds into his body, and he dies.
[30:52.430 --> 30:53.710]  Turns out he's innocent.
[30:54.630 --> 31:00.710]  Now, what he was doing, wearing a heavy sweater and coat in the middle of summer,
[31:00.710 --> 31:04.470]  why he wouldn't respond to the police, I guess we'll never know.
[31:05.890 --> 31:09.110]  But I venture that 99% of you probably did the same thing.
[31:09.110 --> 31:12.450]  They just thought he was a bomber. They thought he had explosives on underneath.
[31:14.170 --> 31:16.930]  And like I said, we'll never know why he did that.
[31:20.380 --> 31:22.700]  What we're looking for is a weapon.
[31:23.980 --> 31:29.300]  And we're not usually allowed to pull out other things out of the pocket of the coat.
[31:29.300 --> 31:34.400]  If we frisk them and we don't find an obvious weapon, a gun or knife,
[31:34.400 --> 31:44.000]  then what do we do if we have something else that we believe is contraband?
[31:44.000 --> 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?
[31:50.580 --> 31:52.480]  Well, that's a good question.
[31:53.280 --> 31:58.060]  Most of you probably answer, we'll just take the bag of marijuana.
[31:58.060 --> 32:00.300]  In fact, that's what most police officers do.
[32:00.300 --> 32:08.900]  If they can feel it and they have reasonable belief that it's marijuana, they'll end up confiscating it.
[32:08.920 --> 32:10.660]  How do they get that reasonable belief?
[32:10.660 --> 32:11.600]  I mean, what do they do?
[32:12.760 --> 32:13.980]  How do they get it?
[32:13.980 --> 32:18.120]  Well, oftentimes, put yourself in this position, you're being frisked.
[32:18.120 --> 32:21.000]  You don't have a gun on you, but you do have that baggie of marijuana.
[32:21.260 --> 32:23.740]  And the cop feels it in your pocket.
[32:24.400 --> 32:26.820]  What's the next question out of that cop's mouth?
[32:27.460 --> 32:29.140]  What is this in your pocket?
[32:29.640 --> 32:33.280]  Believe it or not, most people say, yeah, you got me, that's marijuana.
[32:36.880 --> 32:38.860]  That is a confession.
[32:43.230 --> 32:44.770]  Search incident to arrest.
[32:44.770 --> 32:49.610]  Anytime you're arrested, the police have the right to search your surroundings.
[32:51.050 --> 32:53.130]  They can search you.
[32:53.650 --> 32:56.330]  They can search your car, if you're in your car.
[32:56.330 --> 32:58.950]  They can search your house, if you're in your house.
[32:59.110 --> 33:00.790]  Now, what are they looking for?
[33:01.330 --> 33:04.830]  Well, case law says that they're looking for weapons.
[33:06.030 --> 33:09.610]  You say, well, this is a protective ruling.
[33:09.610 --> 33:13.730]  In other words, the police are issued this ruling by the Supreme Court.
[33:13.730 --> 33:16.590]  It's the idea that it's for their protection.
[33:16.590 --> 33:20.850]  And it's for the protection of the suspect.
[33:21.270 --> 33:23.350]  And one interesting factor is this.
[33:23.350 --> 33:25.590]  You can even handcuff the suspect.
[33:25.590 --> 33:27.070]  Have him handcuffed.
[33:27.330 --> 33:29.450]  You can have him down on their knees.
[33:29.450 --> 33:30.570]  They are in total control.
[33:30.570 --> 33:34.350]  They could be surrounded by five great big huge police officers.
[33:34.350 --> 33:38.910]  There's no way for that guy to get away or to cause any type of damage.
[33:38.910 --> 33:46.110]  And the police still have a right to search the immediate surrounding area.
[33:46.290 --> 33:49.310]  On this idea that it's for protection.
[33:54.660 --> 33:57.480]  You also may perform what's called protective sweep.
[33:57.480 --> 34:00.540]  If you're arrested in the living room of your friend's house,
[34:00.540 --> 34:06.040]  the police have a right to walk through the rest of the house for their own protection.
[34:06.240 --> 34:10.760]  And that means that they can search anywhere that a human can be hiding.
[34:11.580 --> 34:14.880]  So if you arrest someone in the living room, the cop can walk through the back bedrooms
[34:14.880 --> 34:17.440]  and search underneath the bed, can open the closet,
[34:17.440 --> 34:23.180]  anywhere that a police officer can reasonably believe a suspect might be hiding.
[34:24.360 --> 34:28.260]  I even remember searching the attic crawl space one time
[34:28.260 --> 34:31.360]  because we had a reasonable belief that someone...
[34:31.360 --> 34:35.240]  there's marks on the wall and the trap door was over the side.
[34:35.240 --> 34:37.660]  We searched a crawl space.
[34:38.260 --> 34:44.000]  This is some of you guys' greatest fear and that's body searches.
[34:44.200 --> 34:48.460]  When can they search intimate places of your body?
[34:49.380 --> 34:54.560]  Well, the answer varies depending on your location.
[34:54.720 --> 34:57.840]  If you're in prison, I mean just forget about it.
[34:57.840 --> 35:01.260]  I mean you're kind of... as long as they get probable cause,
[35:01.260 --> 35:03.140]  they're going to search all over.
[35:03.880 --> 35:05.460]  What if you've got something in your mouth?
[35:05.460 --> 35:07.320]  Can they force you to open your mouth?
[35:08.360 --> 35:09.900]  You're out on the street.
[35:10.300 --> 35:14.100]  The answer is, you know, you watch a TV show like The Shield.
[35:14.640 --> 35:17.640]  I mean, let's face it, Vic Mackey is just going to pry your mouth open
[35:17.640 --> 35:19.580]  and probably take a few teeth with it.
[35:20.700 --> 35:23.720]  Some of you guys, who the hell is Vic Mackey?
[35:24.700 --> 35:25.960]  Great TV show.
[35:26.720 --> 35:34.880]  Side note, real police work is 50% The Shield and 50% Reno 911.
[35:35.960 --> 35:38.860]  That is the honest truth.
[35:40.000 --> 35:42.920]  Ask any cop and if they're truthful, they'll tell you.
[35:43.620 --> 35:46.840]  Cross between Mackey and Dangle.
[35:49.620 --> 35:52.960]  Now, we see this on TV shows because it does make good drama.
[35:52.960 --> 35:56.620]  What happens if they want to perform surgery on you?
[35:56.620 --> 35:58.680]  They want to dig the bullet out of your arm.
[35:58.680 --> 36:01.540]  The answer is, we're going to have to get a court order.
[36:01.540 --> 36:02.660]  We're going to have to go to the judge and say,
[36:02.660 --> 36:04.260]  Judge, we need a court order.
[36:04.260 --> 36:05.840]  And the judge is going to look at various things.
[36:05.840 --> 36:08.480]  Not only probable cause, but this is a person's life at risk
[36:08.480 --> 36:12.760]  and the extent of the crime, that type of stuff.
[36:13.540 --> 36:14.580]  Abandoned property.
[36:14.580 --> 36:19.640]  This is something that gets a lot of people in trouble.
[36:19.640 --> 36:22.960]  As a police officer, I stole lots of trash.
[36:23.760 --> 36:26.520]  As soon as you put your trash out to the curb,
[36:26.520 --> 36:32.220]  the police can show up, pick your trash up, and go through it.
[36:32.220 --> 36:36.100]  Now, I know some of you guys have probably heard of this technique.
[36:36.220 --> 36:38.580]  Not that you guys would ever do it yourself.
[36:39.940 --> 36:41.600]  A little side note.
[36:42.380 --> 36:45.780]  I'm an attorney and I actually had a client call me up one time.
[36:45.780 --> 36:50.220]  And he says, what's the rule about me stealing my competitor's trash?
[36:51.160 --> 36:52.900]  And I had to think about it for a second.
[36:53.040 --> 36:56.100]  The first question is, why would you want to steal their trash?
[36:56.100 --> 37:00.280]  Well, he was in the business of selling computers.
[37:00.460 --> 37:03.500]  And that was back in the day when you could actually make some money doing that.
[37:04.060 --> 37:07.580]  And he was... I had a local competitor.
[37:07.700 --> 37:09.180]  Actually, I had two or three of them.
[37:09.320 --> 37:13.180]  And every couple... well, you do it twice a week
[37:13.180 --> 37:15.140]  because trash pickup was twice a week.
[37:15.140 --> 37:20.100]  And what he did is he'd go over to their dumpster
[37:20.100 --> 37:23.780]  and he'd go in and steal their trash.
[37:23.780 --> 37:27.390]  And his competitors did not shred.
[37:28.240 --> 37:33.640]  And so, for about two years, he knew when the time came up
[37:33.640 --> 37:37.480]  to put in bids on big projects like at the college
[37:37.480 --> 37:42.680]  or the city's buying 150 new computers,
[37:42.680 --> 37:44.740]  he'd go over and he'd steal the trash.
[37:44.740 --> 37:47.660]  And he'd see the rough drafts for their bids.
[37:47.780 --> 37:49.060]  And he always came in.
[37:49.060 --> 37:53.140]  He never lost one contract because he stole their trash.
[37:53.560 --> 37:55.820]  And needless to say, his competitors went out of business
[37:56.380 --> 37:58.940]  and before the computer sales crashed,
[37:58.940 --> 38:02.680]  he sold his business for a million dollars.
[38:03.300 --> 38:05.580]  Now, unfortunately, he didn't give his attorney any,
[38:05.580 --> 38:09.500]  but a good example why you need to shred your trash
[38:09.500 --> 38:11.640]  because there's not just the police,
[38:11.640 --> 38:14.640]  but a business competitor is going to steal your trash.
[38:16.560 --> 38:17.860]  And it's legal.
[38:18.960 --> 38:21.160]  Student searches, most of you guys are probably
[38:21.160 --> 38:23.040]  pretty familiar with this yourself.
[38:23.100 --> 38:24.600]  The police are going to be able to come in
[38:24.600 --> 38:26.580]  and run a dog through the hallways.
[38:26.580 --> 38:28.100]  They can sniff your locker.
[38:28.680 --> 38:30.440]  They can open your locker.
[38:31.140 --> 38:33.920]  Now, some schools have actually banned backpacks
[38:33.920 --> 38:38.420]  just for the reason that if there's a backpack in that locker,
[38:38.420 --> 38:40.900]  it makes it a lot more difficult for the police
[38:40.900 --> 38:44.860]  to do a thorough search because you can't open the backpack.
[38:45.020 --> 38:46.580]  And so we see some schools saying, you know what,
[38:46.580 --> 38:47.980]  no more backpacks.
[38:48.340 --> 38:49.640]  And that way when they open their locker,
[38:49.640 --> 38:51.200]  there's nothing to impede the search
[38:52.860 --> 38:57.040]  by school officials or by the police.
[38:59.520 --> 39:01.680]  College, a warrant is required.
[39:01.680 --> 39:03.980]  If you're living on a dorm room,
[39:04.720 --> 39:08.140]  a warrant is required before they can enter your dorm room
[39:08.140 --> 39:09.180]  and do a search.
[39:09.900 --> 39:13.820]  Unless they come up with some sort of safety or health reason.
[39:14.460 --> 39:15.660]  Got some questions?
[39:25.760 --> 39:27.580]  Yeah, the question was, back in high school,
[39:27.580 --> 39:29.020]  they're running a dog through the hallways
[39:29.020 --> 39:32.020]  and the dog alerts on a locker for drugs.
[39:32.840 --> 39:36.000]  Yes, that gives them probable cause to open that locker.
[39:36.140 --> 39:38.260]  And even if there's a backpack in there,
[39:38.260 --> 39:39.720]  they can go ahead and open that.
[39:40.440 --> 39:43.660]  And, you know, we're going to do dog searches here in a minute.
[39:43.660 --> 39:44.640]  Go ahead.
[39:51.710 --> 39:55.110]  The question was, do the searches at the high school level
[39:55.110 --> 39:57.130]  apply to both public and private?
[39:57.530 --> 39:59.390]  The answer is yes.
[39:59.750 --> 40:01.410]  And the reason is this.
[40:01.410 --> 40:03.910]  We're looking at who is doing the searches.
[40:03.910 --> 40:06.450]  It is the police department coming in,
[40:06.450 --> 40:07.390]  which is the government.
[40:07.390 --> 40:09.250]  So we're looking at constitutional issues.
[40:09.250 --> 40:11.610]  Now the fact that a private school, I assume,
[40:11.610 --> 40:13.890]  is the main reason for the question.
[40:13.890 --> 40:17.310]  If a private school asks the police department to come in,
[40:17.310 --> 40:20.090]  you know, that's all that's needed.
[40:20.090 --> 40:21.550]  A good invitation.
[40:22.230 --> 40:24.450]  Now police just can't show up at a private school
[40:24.450 --> 40:25.410]  and start doing searches.
[40:25.410 --> 40:26.710]  I mean, they've got to have permission,
[40:26.710 --> 40:28.410]  just like everyone else.
[40:39.380 --> 40:41.860]  Okay, he wants to steal his competitor's trash
[40:41.860 --> 40:44.240]  that is not on the curb,
[40:44.240 --> 40:47.460]  but is close up by the building, I assume.
[40:47.660 --> 40:48.360]  Okay.
[40:50.180 --> 40:51.300]  I'll put it this way.
[40:51.300 --> 40:56.800]  Government agencies cannot go up next to a house
[40:56.800 --> 40:58.640]  and steal the trash.
[40:59.520 --> 41:00.720]  Private individuals?
[41:00.720 --> 41:04.020]  Can you go up to your competitor and steal their trash
[41:04.020 --> 41:07.240]  that's sitting up against the wall of their house?
[41:07.240 --> 41:08.340]  The answer is,
[41:10.040 --> 41:11.700]  I wouldn't do it.
[41:13.780 --> 41:16.100]  I assume they never put it out by the curb.
[41:16.100 --> 41:18.200]  I mean, the idea is, what we're talking about
[41:18.200 --> 41:19.420]  is abandoned property.
[41:19.420 --> 41:21.320]  They have to abandon their property.
[41:22.300 --> 41:24.080]  Now, I guess you could get a, you know,
[41:24.080 --> 41:26.700]  if you paid, if you stopped the trash truck
[41:26.700 --> 41:28.520]  and said, look, man, I'll give you 20 bucks
[41:28.520 --> 41:31.820]  to give me the bags of trash that come out of that business.
[41:32.600 --> 41:35.620]  And the trash man says, yeah, that sounds like a great idea.
[41:36.260 --> 41:39.100]  That's totally legal, okay, in my opinion.
[41:39.320 --> 41:43.160]  But once again, I, you know, I'm an attorney in one state,
[41:43.160 --> 41:44.880]  and there's 49 more out there,
[41:44.880 --> 41:47.900]  so I, you know, operate on your own.
[41:49.380 --> 41:51.260]  What about the dumpsters?
[41:52.040 --> 41:53.120]  The dumpsters?
[41:55.620 --> 41:57.960]  The thing about dumpsters is they're usually located
[41:57.960 --> 42:00.030]  at the edge of the property anyway,
[42:00.420 --> 42:04.160]  so you could, you know, once again,
[42:04.160 --> 42:05.840]  you know, it's hard to say.
[42:06.260 --> 42:07.860]  It's one of those things you have to see
[42:07.860 --> 42:09.080]  to make a determination.
[42:09.420 --> 42:12.340]  But if it's obviously on the edge of the property,
[42:12.340 --> 42:13.860]  I mean, you're going to be able to do it.
[42:14.060 --> 42:16.660]  The big question, once again, is, is it abandoned?
[42:16.660 --> 42:17.640]  Okay?
[42:17.640 --> 42:20.020]  Once you throw out trash, it's abandoned.
[42:20.020 --> 42:22.760]  But if you regain control over it,
[42:22.760 --> 42:24.460]  that's why you actually see some businesses
[42:24.460 --> 42:26.880]  with locks on their dumpsters.
[42:26.940 --> 42:29.320]  Not that you guys would ever go dumpster diving,
[42:29.320 --> 42:34.500]  but if you're out there, you see people,
[42:34.500 --> 42:35.820]  you know, some of the high-tech companies
[42:35.820 --> 42:37.960]  will put locks on their dumpsters,
[42:39.020 --> 42:40.360]  that type of stuff.
[42:40.360 --> 42:44.320]  So if they have a lock on their dumpster
[42:44.320 --> 42:46.520]  and you cut the lock off, yeah, that'd be illegal.
[42:47.340 --> 42:48.620]  Another question?
[42:59.170 --> 43:02.310]  The question is, if you're on their property,
[43:02.310 --> 43:04.830]  the edge of the property, dumpster diving,
[43:04.830 --> 43:06.850]  private security shows up,
[43:06.850 --> 43:09.470]  are you obligated to leave?
[43:12.130 --> 43:12.610]  Um...
[43:13.810 --> 43:15.890]  You know, there's no reason for a confrontation
[43:15.890 --> 43:18.470]  because they can't be everywhere all the time, right?
[43:18.470 --> 43:20.270]  I mean, I'm not telling you to go dumpster diving.
[43:20.270 --> 43:21.930]  I'm just saying...
[43:23.130 --> 43:25.390]  It's best not to have a confrontation.
[43:25.390 --> 43:27.190]  I mean, leave.
[43:28.330 --> 43:30.990]  And, you know, if you really want what's in that dumpster,
[43:30.990 --> 43:32.530]  come back later, you know.
[43:39.530 --> 43:40.730]  Anything else? Yes.
[43:40.730 --> 43:43.010]  You guys are really into this trash, aren't you?
[43:45.050 --> 43:47.870]  I'm just going to give a talk next year just on trash.
[43:57.820 --> 43:59.960]  The question was,
[43:59.960 --> 44:02.700]  if the dumpster is on public property,
[44:02.700 --> 44:06.140]  let's say the city of Las Vegas has a dumpster,
[44:06.140 --> 44:07.760]  you know, outside City Hall,
[44:07.760 --> 44:09.700]  is it legal to go onto that property
[44:09.700 --> 44:12.940]  and get in the dumpster?
[44:12.940 --> 44:13.640]  Okay.
[44:13.640 --> 44:18.020]  I guess the main thing that you need to understand is,
[44:18.020 --> 44:20.800]  when you're going out there dumpster diving,
[44:20.800 --> 44:23.760]  okay,
[44:23.760 --> 44:26.940]  Sorry, I just didn't think I'd spend 10 minutes on dumpster diving.
[44:28.660 --> 44:30.620]  If you're out there dumpster diving,
[44:31.260 --> 44:33.340]  the big question you have to ask yourself,
[44:33.340 --> 44:34.620]  has this been abandoned?
[44:34.620 --> 44:36.400]  Would a reasonable person say,
[44:36.400 --> 44:39.000]  the contents of this dumpster is abandoned?
[44:39.120 --> 44:39.520]  Okay.
[44:39.700 --> 44:42.020]  And that's going to have all the stuff we've talked about.
[44:42.020 --> 44:43.520]  Is it on the edge of the property?
[44:43.520 --> 44:45.740]  Is it clear that it's been thrown away?
[44:45.780 --> 44:48.380]  You know, there's no locks on the dumpster.
[44:48.740 --> 44:50.920]  And so the answer to your question is,
[44:50.920 --> 44:53.740]  you know, you're going to have to answer that yourself.
[44:53.740 --> 44:59.560]  I mean, you know, if it's up under the loading dock,
[44:59.560 --> 45:02.880]  you know, of City Hall, I'd stay away from it.
[45:03.900 --> 45:08.120]  But, you know, if it's out the curb,
[45:08.120 --> 45:09.780]  you know, it's free game.
[45:09.960 --> 45:10.520]  Okay.
[45:10.520 --> 45:11.780]  Any other questions?
[45:13.660 --> 45:14.800]  Yes, sir.
[45:19.820 --> 45:21.320]  I can't hear you.
[45:26.210 --> 45:28.030]  Well, you're at the library,
[45:28.030 --> 45:31.530]  and you happen to find various files.
[45:32.130 --> 45:32.570]  Okay.
[45:34.930 --> 45:36.990]  Once again, I'm going to defer to the EFF.
[45:36.990 --> 45:39.710]  I mean, they're electronic experts.
[45:39.710 --> 45:42.770]  I'm more of the, I don't know,
[45:42.770 --> 45:44.170]  if the EFF is here, don't get mad.
[45:44.170 --> 45:45.130]  I'm more of the real life.
[45:45.130 --> 45:47.850]  If you're walking down the road and get stopped by the police,
[45:47.850 --> 45:49.070]  I can help you there.
[45:49.070 --> 45:52.350]  But, you know, when you get into the electronic arena,
[45:52.350 --> 45:54.830]  I'm not going to touch that,
[45:54.830 --> 45:56.490]  because they're the experts.
[45:56.490 --> 45:57.130]  I'm not.
[46:19.520 --> 46:19.980]  Okay.
[46:19.980 --> 46:22.780]  What happens if you get frisked and there's a bottle on you?
[46:23.300 --> 46:24.460]  And in that bottle,
[46:24.460 --> 46:27.340]  we're assuming beer or something, right?
[46:28.700 --> 46:29.880]  Oh, a medicine bottle.
[46:29.880 --> 46:30.900]  Oh, a pill bottle.
[46:30.900 --> 46:31.320]  Okay.
[46:31.320 --> 46:32.200]  I'm sorry.
[46:32.280 --> 46:32.480]  Okay.
[46:32.480 --> 46:35.000]  What happens if they find a pill bottle in your pocket?
[46:35.540 --> 46:36.820]  Can they pull that out?
[46:36.820 --> 46:38.080]  And the answer is no.
[46:38.080 --> 46:41.440]  I mean, just because they felt that prescription bottle in your pocket
[46:42.060 --> 46:43.180]  doesn't give them the right.
[46:43.180 --> 46:45.100]  If all they're doing is frisking for weapons,
[46:45.320 --> 46:46.880]  a pill bottle is not a weapon.
[46:47.220 --> 46:47.600]  Okay.
[46:47.660 --> 46:49.980]  Now, the next question out of their mouth is,
[46:49.980 --> 46:51.540]  what's in the pill bottle?
[46:51.540 --> 46:52.100]  Okay.
[46:52.100 --> 46:53.180]  And we'll take it from there.
[46:53.180 --> 46:55.860]  I mean, what happens from that point forward?
[46:56.460 --> 46:58.080]  You know, it's going to be anyone's guess,
[46:58.080 --> 47:00.100]  but, you know...
[47:02.480 --> 47:02.940]  All right.
[47:02.940 --> 47:04.300]  They tell me I've got five minutes left,
[47:04.300 --> 47:11.670]  so let's talk about dogs real quick.
[47:11.970 --> 47:15.910]  A dog has a right to be anywhere a police officer does.
[47:16.170 --> 47:21.270]  So just because they have a dog doesn't mean that there's a special rule.
[47:21.270 --> 47:22.850]  Usually a rule is just tied in.
[47:22.850 --> 47:25.570]  Does the officer have the right to be there or not?
[47:25.570 --> 47:27.510]  Let's talk about cordless phones for a second,
[47:27.510 --> 47:29.250]  because I saw this happen.
[47:29.730 --> 47:35.070]  My office, when I was on the anti-crime unit,
[47:35.070 --> 47:36.410]  they didn't have any place to put us,
[47:36.410 --> 47:39.390]  so they stuck us in with the drug officers.
[47:40.030 --> 47:42.850]  And probably the neatest thing I saw,
[47:42.850 --> 47:44.270]  at least from a police standpoint,
[47:44.830 --> 47:47.910]  was they had a big drug dealer in town.
[47:47.910 --> 47:50.750]  The drug dealer was using a cordless phone.
[47:51.010 --> 47:51.490]  Okay.
[47:51.510 --> 47:55.710]  And basically the officers rented the house across the street
[47:55.710 --> 48:00.830]  and got a scanner and listened in on all the cordless phone conversations.
[48:00.830 --> 48:05.590]  Well, what happened is the bad guy's cordless phone went out.
[48:05.590 --> 48:06.470]  It broke.
[48:06.690 --> 48:12.090]  And how they realized was they stopped hearing the phone conversations.
[48:12.250 --> 48:16.450]  And when they stole the trash, they found the broken cordless phone in the trash.
[48:16.450 --> 48:17.630]  And so they were in a dilemma,
[48:17.630 --> 48:20.950]  because this was really good intelligence they were gathering,
[48:20.950 --> 48:22.130]  and they didn't know what to do.
[48:22.210 --> 48:27.110]  And so they had the local printer print up a little brochure,
[48:27.110 --> 48:28.310]  and they sent it to them in the mail.
[48:28.310 --> 48:30.550]  And this is one of those brochures you may have seen.
[48:30.550 --> 48:35.510]  It says, you have won either a trip, you know, to Hawaii,
[48:35.670 --> 48:37.610]  a cordless phone, or $50.
[48:38.270 --> 48:41.090]  Well, and they said on this brochure,
[48:42.150 --> 48:45.550]  and you will receive notification of your prize next week.
[48:45.550 --> 48:47.210]  And next week, what'd they do?
[48:47.270 --> 48:48.970]  They sent them a cordless phone.
[48:52.860 --> 48:55.000]  Now, the drug dealer...
[48:56.360 --> 48:57.940]  Now, the drug dealer's real happy.
[48:57.940 --> 48:58.520]  He cooperated.
[48:58.520 --> 48:59.520]  He plugged in the phone,
[48:59.520 --> 49:02.120]  and for a few more months they gathered intelligence.
[49:03.340 --> 49:05.320]  And this was back in the day when crack was...
[49:05.320 --> 49:07.000]  I mean, these were crack dealers, you know.
[49:07.680 --> 49:09.840]  And, you know, I guess if you're dealing crack,
[49:09.840 --> 49:11.460]  you're probably not very smart anyway.
[49:11.820 --> 49:13.520]  So they took the cordless phone.
[49:14.140 --> 49:18.200]  I'm going to leave email communications to EFF.
[49:20.340 --> 49:20.700]  Wiretapping...
[49:20.700 --> 49:22.660]  I'm going to leave most of that to them.
[49:22.660 --> 49:23.460]  I will say this.
[49:23.460 --> 49:26.780]  Roving wiretaps has made a lot of people real nervous.
[49:26.780 --> 49:29.260]  And just understand that a roving wiretap
[49:29.260 --> 49:31.260]  doesn't mean there's a...
[49:31.260 --> 49:32.260]  well, hopefully...
[49:32.260 --> 49:35.560]  doesn't mean there's the FBI van driving down your street
[49:35.560 --> 49:38.600]  just kind of tapping into various people's phone calls.
[49:38.600 --> 49:40.120]  That's not what it's talking about.
[49:40.120 --> 49:42.940]  A roving wiretap is more along the lines of
[49:42.940 --> 49:46.140]  they have a suspect who uses several different phones
[49:46.140 --> 49:50.460]  and this warrant covers the federal government
[49:50.460 --> 49:51.920]  or the state government going around
[49:51.920 --> 49:55.480]  and moving from phone to phone.
[49:55.480 --> 49:56.180]  Okay.
[50:00.060 --> 50:01.640]  Use of bugs by law enforcement.
[50:01.640 --> 50:03.200]  When can they bug your house?
[50:04.040 --> 50:06.640]  The answer is not very often.
[50:06.640 --> 50:08.200]  You really don't have anything to worry about
[50:08.200 --> 50:11.440]  bugging your house unless you're a real big criminal.
[50:14.120 --> 50:15.560]  Let's talk about this real quick.
[50:15.560 --> 50:17.620]  I probably got like two minutes left.
[50:20.080 --> 50:23.480]  What happens if a police officer does do something wrong?
[50:23.480 --> 50:28.040]  What happens if they violate your constitutional rights?
[50:28.040 --> 50:30.200]  Once again, I want to say this.
[50:31.800 --> 50:35.040]  Most officers, 98% of them, are not going to do anything
[50:35.040 --> 50:38.340]  intentionally to violate your constitutional rights.
[50:38.340 --> 50:39.980]  There's a couple reasons for that.
[50:39.980 --> 50:43.240]  First of all, it's usually really easy to get a search
[50:43.240 --> 50:46.300]  or it's really easy to get arrest on somebody.
[50:46.520 --> 50:50.580]  Probably the best training officer I ever had,
[50:50.580 --> 50:53.160]  he made a statement that has stuck with me forever
[50:53.160 --> 50:54.000]  and that's real simple.
[50:54.000 --> 50:57.200]  He says, look, there's no reason to go out there
[50:57.200 --> 50:59.240]  and violate anyone's constitutional rights.
[50:59.240 --> 51:02.620]  If they are a criminal, if they're someone up to no good,
[51:02.620 --> 51:05.060]  they will continue to do that.
[51:05.060 --> 51:06.800]  And eventually, you're going to catch them.
[51:06.800 --> 51:10.360]  So there's no reason, no reason at all,
[51:10.360 --> 51:13.380]  to violate the constitutional right.
[51:13.380 --> 51:14.300]  That hurts you.
[51:14.300 --> 51:16.100]  It hurts your honor more than anything else.
[51:16.100 --> 51:17.920]  And that's the only thing you have as a police officer.
[51:17.920 --> 51:19.500]  You have to do the right thing.
[51:19.500 --> 51:21.100]  You have to uphold the constitution.
[51:21.100 --> 51:22.400]  That's what you're here for.
[51:22.400 --> 51:24.660]  And most officers understand that.
[51:24.660 --> 51:25.520]  I mean, it's a job.
[51:25.520 --> 51:30.140]  I don't care if you guys are writing code or making tacos.
[51:30.900 --> 51:33.660]  It's the same thing as a police officer job.
[51:33.660 --> 51:35.680]  In other words, they go to work every day
[51:35.680 --> 51:38.000]  and they do their job.
[51:38.020 --> 51:40.540]  And they realize if they don't get the criminal today,
[51:40.540 --> 51:41.920]  they're probably going to get them tomorrow.
[51:41.920 --> 51:46.080]  So most officers won't do anything that violates your constitution.
[51:46.080 --> 51:48.140]  But unfortunately, there's the other 2% that do.
[51:48.140 --> 51:49.400]  They're just bad people.
[51:49.400 --> 51:51.520]  Just like there's bad doctors,
[51:51.520 --> 51:55.240]  think about who you work with right now.
[51:55.240 --> 51:57.240]  There's someone you hate at work.
[51:57.760 --> 51:59.260]  And cops are the same way.
[51:59.340 --> 52:01.360]  You go to a police station and you say,
[52:01.360 --> 52:03.020]  if you could actually get their confidence and say,
[52:03.020 --> 52:05.320]  which cop here is the biggest idiot?
[52:05.940 --> 52:10.220]  And everyone would say, Bob or Frank or Mary.
[52:11.500 --> 52:12.800]  It doesn't matter where you work.
[52:12.800 --> 52:14.880]  If you're making tacos or you're the cop,
[52:14.880 --> 52:18.020]  there's someone that you know that just can't make tacos
[52:18.020 --> 52:19.780]  or shouldn't be a cop.
[52:19.780 --> 52:21.840]  And they're no different.
[52:21.840 --> 52:22.560]  Well, what happens?
[52:22.560 --> 52:25.480]  Well, first of all, if they do violate your constitutional rights,
[52:25.480 --> 52:28.660]  what you can do is sue them.
[52:28.900 --> 52:31.640]  Or if you're under criminal indictment,
[52:31.640 --> 52:34.280]  you can do what's called the exclusionary rule.
[52:34.280 --> 52:39.900]  It makes them throw out all the evidence they have against you.
[52:41.220 --> 52:44.700]  Civil law, 1983, some of you may be familiar with that.
[52:44.700 --> 52:48.140]  That allows you to sue the police or any other government official
[52:48.140 --> 52:50.860]  that has violated your constitutional rights.
[52:50.860 --> 52:54.380]  That person, if they violate your rights,
[52:54.380 --> 52:55.860]  you can file a lawsuit against them.
[52:55.860 --> 52:57.720]  That's what we see Rodney King.
[52:57.920 --> 53:01.620]  Now, Rodney King, what happened there is,
[53:01.620 --> 53:03.240]  I can't remember how much he walked away.
[53:03.240 --> 53:07.920]  I think it was like $1.43 million.
[53:09.180 --> 53:11.880]  I don't know if I'd take that beating for one point.
[53:13.280 --> 53:18.020]  But, you know, he walked away under Section 1983 for that.
[53:18.520 --> 53:21.040]  And the officers in that case, at least two of them,
[53:21.040 --> 53:23.420]  went to prison under that same section.
[53:23.660 --> 53:26.800]  So it has both a civil action and a criminal action
[53:26.800 --> 53:28.580]  you can take under 1983.
[53:29.800 --> 53:33.400]  And something that's often overlooked is what's called internal affairs.
[53:33.500 --> 53:35.200]  And that's where you go to the police station
[53:35.200 --> 53:37.980]  and you make a complaint against that particular officer
[53:37.980 --> 53:39.900]  and they do an investigation.
[53:39.900 --> 53:41.740]  Now, some larger departments
[53:41.740 --> 53:44.680]  have their own separate investigation agency.
[53:45.620 --> 53:49.840]  And it can result in time off and reduction in rank and fire
[53:49.840 --> 53:51.300]  and that type of stuff.
[53:52.200 --> 53:55.100]  I see him in his eyes. He's making the cutthroat sign.
[53:55.100 --> 53:57.040]  I think it's time for me to get off.
[53:57.100 --> 53:59.980]  If you have any questions, they want us to clear the tent
[54:00.880 --> 54:02.620]  for the next speakers.
[54:04.220 --> 54:06.480]  I guess that's... I'm looking at the goon.
[54:06.480 --> 54:07.920]  He's not doing anything.
[54:07.920 --> 54:09.560]  We don't have to clear the tent.
[54:09.880 --> 54:11.920]  Okay, we don't have to clear the tent.
[54:14.280 --> 54:16.860]  But if you have a question, you're welcome to come up and ask me.
[54:16.860 --> 54:19.040]  Remember to use the first word out of your mouth.
[54:19.040 --> 54:20.280]  It's hypothetically.