WEBVTT 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 --> 00:33.280 And my name is Steve Dunker. 00:33.280 --> 00:34.660 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 --> 01:07.200 And what I'm going to talk about today is something, even though the title is Hacker's Guide, this is something that everybody, it doesn't matter who you are, it's good information you can use. 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 --> 01:44.340 I used to be a police officer. 01:44.340 --> 01:45.940 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 --> 02:45.320 One thing we need to start right off and know about the Constitution is, in fact, it's a tool that restrains the federal government and the state governments from doing certain acts against the public. 02:45.320 --> 02:46.540 And that's what it's for. 02:46.540 --> 02:49.200 It doesn't restrain the citizens. 02:49.200 --> 02:53.180 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 --> 04:49.980 If a police officer comes up to you and asks you to look in your backpack, I'll tell you right now, 99% of the people in this room are going to say yes. 04:51.160 --> 04:56.640 And you've probably wondered when you watch TV and you hear news reports about... 04:56.640 --> 04:58.360 Actually, I was watching TV last night. 04:58.360 --> 04:59.660 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 --> 05:34.900 And then they asked, well, you've got this bag of marijuana. 05:34.900 --> 05:38.540 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 --> 05:41.920 And so what happens then? 05:41.920 --> 05:49.780 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 --> 05:58.280 Now you're wondering, what was that guy thinking? 05:58.280 --> 05:59.740 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 --> 06:04.600 Well, there is some pressure. 06:05.180 --> 06:07.200 A lot of pressure on people. 06:07.200 --> 06:08.840 I went to law school. 06:08.840 --> 06:10.000 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 --> 06:40.040 I went to law school in Kansas City. 06:40.040 --> 06:43.280 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 --> 06:58.080 Basically the DEA agents introduced themselves and said, 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 --> 07:03.320 Now, let's put it this way. 07:03.320 --> 07:12.180 Most of us, and they're no exception, the DEA shows up and says we want to talk to you about your flight, you feel a lot of pressure, right? 07:12.800 --> 07:22.880 But you think if anyone would know better, these two law professors would, an ex-federal prosecutor, and they're both members of the ACLU, they're going to know what their rights are. 07:22.880 --> 07:24.680 But in fact, they felt pressured. 07:24.680 --> 07:32.240 And in fact, they went back to the DEA office there at their airport, 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 --> 08:08.020 But I don't know if that's what was going on. 08:08.020 --> 08:09.220 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 --> 09:41.500 If you put that on your car and you're waving a Pringle can out the window, that is a reasonable suspicion to a police officer who has knowledge. 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 --> 09:51.280 Police officers, that's what they do. 09:51.280 --> 09:52.200 They drive around. 09:52.200 --> 09:53.660 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 --> 10:37.060 I think it probably has to do with the fact that when I was younger, back in my time, they had all the war movies involving Nazis. 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 --> 11:42.900 And for you, as you come up to the roadblock, 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 --> 12:08.380 Those of you who are drunks, if you're not so smart drunk and you try to drive, you better read the newspaper because they'll tell you about them. 12:10.820 --> 12:22.900 DWI roadblocks are probably the one that most people support 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 --> 12:45.480 These are the type of checkpoints that we saw with the D.C. 12:45.520 --> 12:46.560 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 --> 13:08.620 What's going to happen to you? 13:08.740 --> 13:10.140 Do they let you go? 13:11.480 --> 13:33.080 Now, if you pull up to a roadblock that's for some reason, let's say you're a game warden roadblock and they're looking for poachers and you pull up there and you have some other violation, smoking grass or whatever, they're going to take you in. 13:34.700 --> 13:38.220 So be aware that most roadblocks are valid. 13:38.220 --> 13:41.100 There's not a whole lot you can say or do about them. 13:43.280 --> 13:58.780 And you can't depend on getting out of trouble by pleading some sort of unconstitutional issue with a roadblock because most of them are illegal and you're going to have to bite the bullet. 13:59.320 --> 14:02.220 Alright, what can an officer illegally arrest an individual? 14:02.760 --> 14:04.840 Well, you have to have what's called probable cause. 14:04.840 --> 14:17.360 Probable cause, as you can read there, exists when there's enough facts and circumstances to lead police officers in the light of their experience to the reasonable belief that a person has committed or is committing or is about to commit a crime. 14:17.360 --> 14:30.860 Now, if we go back to our war driving example, you got the license plate, you got some contraption that actually looks like a Pringle can, and you're waving it out the window and there is a laptop in your possession. 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 --> 14:51.800 Well, when you read this statement, it sure is. 14:52.540 --> 14:56.380 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 --> 15:12.740 The answer is no. 15:14.680 --> 15:19.760 Unless they're inexperienced, someone who doesn't know what they're doing might try to get in your laptop. 15:20.200 --> 15:23.580 But the chances are, you're at least going to be searched. 15:23.580 --> 15:25.240 You're at least going to be stopped. 15:25.340 --> 15:26.640 Are you going to be arrested? 15:30.760 --> 15:31.560 Maybe. 15:32.340 --> 15:33.140 Depends. 15:33.720 --> 15:36.000 Depends on the expertise of the officer. 15:36.000 --> 15:47.800 But if we transfer it to something else, let's say you're with your friends, you're driving down the road, and one of the four in the car is drinking a beer. 15:48.220 --> 15:53.720 You get pulled over for speeding. 15:54.360 --> 16:06.680 The officer comes up, wants to see the driver's license and insurance, and notices a can of beer, which someone threw underneath the seat and is now leaking all over the floor mat. 16:06.680 --> 16:08.240 I don't know if you've been there. 16:09.920 --> 16:12.740 You know, the old hide the beer, hide the beer. 16:12.740 --> 16:13.840 It's the cops. 16:15.260 --> 16:17.660 Does the officer even have to see the can? 16:17.660 --> 16:18.800 The answer is no. 16:19.000 --> 16:21.080 All they have to do is smell and take a look. 16:21.080 --> 16:22.580 Yep, that looks like beer to me. 16:22.580 --> 16:23.920 Smells like beer. 16:23.920 --> 16:27.560 And we have a whole new game. 16:27.560 --> 16:36.460 That officer has enough reasonable suspicion at least, probably on the way to probable cause, 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 --> 16:54.980 Who can they arrest? 16:54.980 --> 16:56.700 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 --> 17:26.490 If you're in your home, the general rule is you're going to have to have a warrant to arrest that person, unless there's some kind of circumstances that negates that. 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 --> 17:51.650 The consent search of a person is nothing more than asking somebody, you're the police officer, 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 --> 18:49.470 Now, the same thing for the hotel manager, which may make a couple of you here feel better today, because the hotel room is safe and secure. 18:49.690 --> 18:58.130 Even if the hotel manager shows up with the police outside your room, if they don't have a warrant, that hotel manager cannot let them in. 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 --> 20:15.320 So, if you're going to be out there and want to exert domain, I guess we'll say, over your own particular room, you better make sure that no one else in that house has the ability to get in there. 20:15.320 --> 20:27.260 And that includes, you know, if you're living at home and you have a maid service mom, and she comes in and cleans your room every day, you do not have sole possession of that bedroom. 20:29.140 --> 20:29.860 Roommates. 20:29.860 --> 20:31.180 Keep an eye on your roommates. 20:31.180 --> 20:35.120 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 --> 21:02.650 If you answer the door and say, I'm going to call my attorney and slam the door in their face, their next move is to kick the door in. 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 --> 21:20.270 The typical way to serve a warrant, believe it or not, is they show up at your house and they knock on your door, they answer your door and they say, hi, we're from X police agency. 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 --> 24:40.340 And as that person is approaching the front door, the cops will swoop in and say, Oh, by the way, we got a warrant. 24:40.340 --> 24:41.780 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 --> 25:48.040 If you are involved in some type of activity that you're not supposed to be, and a police officer sees it, hears it, or smells it, that gives them probable cause to go in and do a search. 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 --> 27:01.940 There's some type of danger. 27:02.500 --> 27:04.740 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 --> 27:32.980 I think one of the last emergency searches I did, and this is along the lines of the most common, I remember going to an apartment complex and I heard some screaming inside a house. 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 --> 28:19.690 This is a frisk. 28:19.690 --> 28:27.490 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 --> 29:38.170 And in fact, he was. 29:38.170 --> 29:43.630 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 --> 31:04.470 Now, what he was doing, wearing a heavy sweater and coat in the middle of summer, why he wouldn't respond to the police, I guess we'll never know. 31:05.890 --> 31:09.110 But I venture that 99% of you probably did the same thing. 31:09.110 --> 31:10.410 They just thought he was a bomber. 31:10.410 --> 31:12.450 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 --> 31:44.000 If we frisk them and we don't find an obvious weapon, a gun or knife, then what do we do if we have something else that we believe is contraband? 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 --> 34:06.040 If you're arrested in the living room of your friend's house, the police have a right to walk through the rest of the house for their own protection. 34:06.240 --> 34:10.760 And that means that they can search anywhere that a human can be hiding. 34:11.580 --> 34:23.180 So if you arrest someone in the living room, the cop can walk through the back bedrooms and search underneath the bed, can open the closet, anywhere that a police officer can reasonably believe a suspect might be hiding. 34:24.360 --> 34:31.360 I even remember searching the attic crawl space one time 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 --> 35:03.140 I mean you're kind of... as long as they get probable cause, 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 --> 35:19.580 I mean, let's face it, Vic Mackey is just going to pry your mouth open and probably take a few teeth with it. 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 --> 36:04.260 We're going to have to go to the judge and say, 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 --> 36:12.760 Not only probable cause, but this is a person's life at risk and the extent of the crime, that type of stuff. 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 --> 36:32.220 As soon as you put your trash out to the curb, the police can show up, pick your trash up, and go through it. 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 --> 37:15.140 And every couple... well, you do it twice a week because trash pickup was twice a week. 37:15.140 --> 37:23.780 And what he did is he'd go over to their dumpster and he'd go in and steal their trash. 37:23.780 --> 37:27.390 And his competitors did not shred. 37:28.240 --> 37:44.740 And so, for about two years, he knew when the time came up to put in bids on big projects like at the college or the city's buying 150 new computers, he'd go over and he'd steal the trash. 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 --> 38:02.680 And needless to say, his competitors went out of business and before the computer sales crashed, he sold his business for a million dollars. 38:03.300 --> 38:14.640 Now, unfortunately, he didn't give his attorney any, but a good example why you need to shred your trash because there's not just the police, but a business competitor is going to steal your trash. 38:16.560 --> 38:17.860 And it's legal. 38:18.960 --> 38:23.040 Student searches, most of you guys are probably pretty familiar with this yourself. 38:23.100 --> 38:26.580 The police are going to be able to come in 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 --> 38:44.860 Now, some schools have actually banned backpacks just for the reason that if there's a backpack in that locker, it makes it a lot more difficult for the police to do a thorough search because you can't open the backpack. 38:45.020 --> 38:47.980 And so we see some schools saying, you know what, no more backpacks. 38:48.340 --> 38:57.040 And that way when they open their locker, there's nothing to impede the search by school officials or by the police. 38:59.520 --> 39:01.680 College, a warrant is required. 39:01.680 --> 39:09.180 If you're living on a dorm room, a warrant is required before they can enter your dorm room and do a search. 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 --> 39:32.020 Yeah, the question was, back in high school, they're running a dog through the hallways and the dog alerts on a locker for drugs. 39:32.840 --> 39:36.000 Yes, that gives them probable cause to open that locker. 39:36.140 --> 39:39.720 And even if there's a backpack in there, 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 --> 39:57.130 The question was, do the searches at the high school level 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 --> 40:07.390 It is the police department coming in, which is the government. 40:07.390 --> 40:09.250 So we're looking at constitutional issues. 40:09.250 --> 40:13.890 Now the fact that a private school, I assume, is the main reason for the question. 40:13.890 --> 40:20.090 If a private school asks the police department to come in, you know, that's all that's needed. 40:20.090 --> 40:21.550 A good invitation. 40:22.230 --> 40:25.410 Now police just can't show up at a private school and start doing searches. 40:25.410 --> 40:28.410 I mean, they've got to have permission, just like everyone else. 40:39.380 --> 40:47.460 Okay, he wants to steal his competitor's trash that is not on the curb, but is close up by the building, I assume. 40:47.660 --> 40:48.360 Okay. 40:50.180 --> 40:51.300 I'll put it this way. 40:51.300 --> 40:58.640 Government agencies cannot go up next to a house and steal the trash. 40:59.520 --> 41:00.720 Private individuals? 41:00.720 --> 41:07.240 Can you go up to your competitor and steal their trash that's sitting up against the wall of their house? 41:07.240 --> 41:11.700 The answer is, I wouldn't do it. 41:13.780 --> 41:16.100 I assume they never put it out by the curb. 41:16.100 --> 41:19.420 I mean, the idea is, what we're talking about is abandoned property. 41:19.420 --> 41:21.320 They have to abandon their property. 41:22.300 --> 41:31.820 Now, I guess you could get a, you know, if you paid, if you stopped the trash truck and said, look, man, I'll give you 20 bucks to give me the bags of trash that come out of that business. 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 --> 41:47.900 But once again, I, you know, I'm an attorney in one state, and there's 49 more out there, so I, you know, operate on your own. 41:49.380 --> 41:51.260 What about the dumpsters? 41:52.040 --> 41:53.120 The dumpsters? 41:55.620 --> 42:05.840 The thing about dumpsters is they're usually located at the edge of the property anyway, so you could, you know, once again, you know, it's hard to say. 42:06.260 --> 42:09.080 It's one of those things you have to see to make a determination. 42:09.420 --> 42:13.860 But if it's obviously on the edge of the property, I mean, you're going to be able to do it. 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 --> 42:26.880 But if you regain control over it, that's why you actually see some businesses with locks on their dumpsters. 42:26.940 --> 42:40.360 Not that you guys would ever go dumpster diving, but if you're out there, you see people, you know, some of the high-tech companies will put locks on their dumpsters, that type of stuff. 42:40.360 --> 42:46.520 So if they have a lock on their dumpster and you cut the lock off, yeah, that'd be illegal. 42:47.340 --> 42:48.620 Another question? 42:59.170 --> 43:09.470 The question is, if you're on their property, the edge of the property, dumpster diving, private security shows up, are you obligated to leave? 43:12.130 --> 43:12.610 Um... 43:13.810 --> 43:18.470 You know, there's no reason for a confrontation 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 --> 43:32.530 And, you know, if you really want what's in that dumpster, come back later, you know. 43:39.530 --> 43:40.450 Anything else? 43:40.450 --> 43:40.730 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 --> 44:12.940 The question was, if the dumpster is on public property, let's say the city of Las Vegas has a dumpster, you know, outside City Hall, is it legal to go onto that property and get in the dumpster? 44:12.940 --> 44:13.640 Okay. 44:13.640 --> 44:26.940 I guess the main thing that you need to understand is, when you're going out there dumpster diving, okay, Sorry, I just didn't think I'd spend 10 minutes on dumpster diving. 44:28.660 --> 44:34.620 If you're out there dumpster diving, the big question you have to ask yourself, has this been abandoned? 44:34.620 --> 44:39.000 Would a reasonable person say, 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 --> 44:53.740 And so the answer to your question is, you know, you're going to have to answer that yourself. 44:53.740 --> 45:02.880 I mean, you know, if it's up under the loading dock, you know, of City Hall, I'd stay away from it. 45:03.900 --> 45:09.780 But, you know, if it's out the curb, 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 --> 45:31.530 Well, you're at the library, 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 --> 45:44.170 I'm more of the, I don't know, 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 --> 45:49.070 If you're walking down the road and get stopped by the police, I can help you there. 45:49.070 --> 45:56.490 But, you know, when you get into the electronic arena, I'm not going to touch that, because they're the experts. 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 --> 46:27.340 And in that bottle, 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 --> 46:43.180 I mean, just because they felt that prescription bottle in your pocket doesn't give them the right. 46:43.180 --> 46:46.880 If all they're doing is frisking for weapons, a pill bottle is not a weapon. 46:47.220 --> 46:47.600 Okay. 46:47.660 --> 46:51.540 Now, the next question out of their mouth is, 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 --> 47:00.100 You know, it's going to be anyone's guess, but, you know... 47:02.480 --> 47:02.940 All right. 47:02.940 --> 47:11.670 They tell me I've got five minutes left, 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 --> 47:29.250 Let's talk about cordless phones for a second, because I saw this happen. 47:29.730 --> 47:39.390 My office, when I was on the anti-crime unit, they didn't have any place to put us, so they stuck us in with the drug officers. 47:40.030 --> 47:47.910 And probably the neatest thing I saw, at least from a police standpoint, was they had a big drug dealer in town. 47:47.910 --> 47:50.750 The drug dealer was using a cordless phone. 47:51.010 --> 47:51.490 Okay . 47:51.510 --> 48:00.830 And basically the officers rented the house across the street and got a scanner and listened in on all the cordless phone conversations. 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 --> 48:22.130 And so they were in a dilemma, because this was really good intelligence they were gathering, and they didn't know what to do. 48:22.210 --> 48:28.310 And so they had the local printer print up a little brochure, 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 --> 48:37.610 It says, you have won either a trip, you know, to Hawaii, a cordless phone, or $50. 48:38.270 --> 48:45.550 Well, and they said on this brochure, 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 --> 49:02.120 He plugged in the phone, 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 --> 49:11.460 And, you know, I guess if you're dealing crack, 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 --> 49:31.260 And just understand that a roving wiretap doesn't mean there's a... 49:31.260 --> 49:32.260 well, hopefully... 49:32.260 --> 49:38.600 doesn't mean there's the FBI van driving down your street just kind of tapping into various people's phone calls. 49:38.600 --> 49:40.120 That's not what it's talking about. 49:40.120 --> 49:55.480 A roving wiretap is more along the lines of they have a suspect who uses several different phones and this warrant covers the federal government or the state government going around and moving from phone to phone. 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 --> 50:11.440 You really don't have anything to worry about 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 --> 50:38.340 Most officers, 98% of them, are not going to do anything intentionally to violate your constitutional rights. 50:38.340 --> 50:39.980 There's a couple reasons for that. 50:39.980 --> 50:46.300 First of all, it's usually really easy to get a search or it's really easy to get arrest on somebody. 50:46.520 --> 50:54.000 Probably the best training officer I ever had, he made a statement that has stuck with me forever and that's real simple. 50:54.000 --> 50:59.240 He says, look, there's no reason to go out there and violate anyone's constitutional rights. 50:59.240 --> 51:05.060 If they are a criminal, if they're someone up to no good, they will continue to do that. 51:05.060 --> 51:06.800 And eventually, you're going to catch them. 51:06.800 --> 51:13.380 So there's no reason, no reason at all, 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 --> 51:38.000 In other words, they go to work every day and they do their job. 51:38.020 --> 51:41.920 And they realize if they don't get the criminal today, 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 --> 51:55.240 Just like there's bad doctors, 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 --> 52:05.320 You go to a police station and you say, if you could actually get their confidence and say, which cop here is the biggest idiot? 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 --> 52:19.780 If you're making tacos or you're the cop, there's someone that you know that just can't make tacos or shouldn't be a cop. 52:19.780 --> 52:21.840 And they're no different. 52:21.840 --> 52:22.560 Well, what happens? 52:22.560 --> 52:28.660 Well, first of all, if they do violate your constitutional rights, what you can do is sue them. 52:28.900 --> 52:34.280 Or if you're under criminal indictment, 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 --> 52:50.860 That allows you to sue the police or any other government official that has violated your constitutional rights. 52:50.860 --> 52:55.860 That person, if they violate your rights, you can file a lawsuit against them. 52:55.860 --> 52:57.720 That's what we see Rodney King. 52:57.920 --> 53:03.240 Now, Rodney King, what happened there is, 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 --> 53:23.420 And the officers in that case, at least two of them, went to prison under that same section. 53:23.660 --> 53:28.580 So it has both a civil action and a criminal action 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 --> 53:39.900 And that's where you go to the police station and you make a complaint against that particular officer and they do an investigation. 53:39.900 --> 53:44.680 Now, some larger departments have their own separate investigation agency. 53:45.620 --> 53:51.300 And it can result in time off and reduction in rank and fire and that type of stuff. 53:52.200 --> 53:53.720 I see him in his eyes. 53:53.720 --> 53:55.100 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 --> 54:02.620 If you have any questions, they want us to clear the tent 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.