by Katie Bain
In addition to being Record Store Day, this Saturday is also April 20, or 4/20, which many a stoner across the world regard as a free-for-all celebration of all things weed. Hate to say it, but some of you out there celebrating this weekend's unofficial marijuana "holiday" are going to be approached by police officers assuming you have drugs -- and the new law knocking down the penalties for the crime hasn't gone into effect in St. Louis yet. But guess what? You still have rights, man.
Timothy Norris This dude's actually drug free. But he still knows his rights.
Cameron Bowman is here to help! As a music lover and attorney at San Jose, California, firm Valencia, Ippolito & Bowman, he's a legal expert on this kind of thing. Bowman, a.k.a. The Festival Lawyer, talks below about the best ways to protect yourself if you're approached by the fuzz.
1. Marijuana is still very much illegal in St. Louis, with stiff penalties.
The aforementioned new law will not go into effect until June 1. If you're doing anything illegal, don't be blatant about it.
Credit: Nanette Gonzales "No officer, you cannot search my headdress."
2. Memorize a few key phrases.
"If a cop comes up and asks to see your ID," Bowman says, "the first question out of your mouth should be, 'Am I being detained?' Then, 'Why? What am being stopped for? Am I free to go, or am I under arrest?'"
Memorize this. Repeat it out loud: "Am I being detained? Why? Am I free to go, or am I under arrest?"
With these specific questions, you establish whether you are being arrested and transform any subsequent detention into a scenario in which the officer has to justify stopping you. Somebody looking at that explanation later will then make a decision about whether the officer had a good reason to stop you, which might make your case easier to defend.
3. Do not give the authorities consent to search you.
"I strongly advise people to do this," says Bowman. "Most [scenarios] happen where the person is approached [by a cop], and it's a sort of a nebulous situation and a casual conversation where everything then rolls downhill, and the next thing you know that person is being searched and drugs are being discovered. That's what you don't want to do."
What you do want to do is respectfully tell the police officer, "I'm not giving you consent to search my property." If they ask what you have to hide, again say, "Officer, I'm sorry, but I'm not giving you consent to search my property."
At this point, they can still search you if they have probable cause, but what you've done with your statements is make them declare their reason for doing so.
"Police are always going to try to reframe any sort of encounter with you as a consensual encounter," Bowman says. "It's so common in police reports. If you are, from the start, unambiguously saying, 'Officer, am I under arrest? Am I free to leave? I don't want to make a statement to you at this time, I'd like a lawyer, and no I'm not giving you consent to search my property or belongings,' they may search your stuff always, but they have to justify to a court later why they did."
Credit: Nanette Gonzales Undercover cops? Well, we just don't know, do we?
4. Document the situation.
"It's well known that there is a percentage of cops that will just make it up, how the whole encounter happened," Bowman says. The most effective way to combat this is to have your friends whip out their cell phones and videotape the entire event. If the cops try to shut this down, you are entitled to say, "Officer, I'm not interfering with this process or you arresting this person, but I am going to document what is happening."
Bowman doesn't recommend that the person interacting with authorities record the situation themselves, so be a pal if your friend ends up getting questioned.
5. Remember that whole "right to remain silent" thing?
The police can use anything you say as evidence against you up until the point at which you are actually arrested. (This is why it is critical to immediately clarify whether or not you are being detained.) In any case, it's best to remain silent from the start. Authorities are not obligated to immediately read you your Miranda rights, but just know that you don't have to say anything in response to their questions other than, "I'm exercising my right to remain silent. I'm not giving any statements at this time. I'd like a lawyer." At this point, you'll likely be arrested, but you've left options open for your attorney to defend you.
Ultimately, Bowman says, the most important thing is knowing your rights by heart and being of sound enough mind to courteously but forcefully protect them if and when you are approached by authorities. "You can and should assert your own rights in a respectful way," Bowman says. "There's almost no scenario I can think of where talking to the police helps you."
Now go have fun, you crazy kids.