TRUTH CAMPAIGN 08

About DRCNetStop the Drug War (DRCNet) is an international organization working for an end to drug prohibition worldwide and for interim policy reform in US drug laws and criminal justice system. Read more about DRCNet.

Make a Donation

Want to stop the drug war? One way to help is to make a generous donation -- member support makes up a critical portion of our budget, and we can't do it without you!

Join the Community

Higher Education Act Reform Campaign

Higher Education Act Reform Campaign

The John W. Perry Fund -- scholarships for students losing financial aid because of drug convictions

some organizations DRCNet played a role in starting:


"Never Get Busted Again" Video Says Consent To Searches

Barry Cooper's new video Never Get Busted Again Vol. 1: Traffic Stops recommends consenting to searches, even when you have marijuana in your car.

As civil libertarians have struggled to explain, consenting to a search makes the search legal and destroys your chances in court if anything is found. It's deeply troubling that Cooper is targeting marijuana users with this reckless and shortsighted advice.

His only rationale is that a well-hidden stash could evade detection during the search, yet Cooper completely ignores the consequences of consent for those whose stash is discovered. And discovery is likely since Cooper's stash spots aren't very secret anymore. Asserting your rights is an indispensable skill during a police encounter and Cooper's failure to address this would be laughable if it weren't so destructive.

Flex Your Rights details the numerous threats posed by Cooper's ill-conceived advice.

Please help us counter this dangerous message. Waiving your rights in the war on drugs is never the answer.

Drug War Issues Search and Seizure

The Pandora's Box of consenting to police searches.

Originally, I was inclined not to comment further on Barry Cooper's "Never Get Busted" video without seeing the video first. .

However, after having read the following two blogs about Mr. Cooper's video, I did not wish to wait to see the video before addressing the following two issues here, particularly after having contacted and heard back from Mr. Cooper (as reprinted below) on these two issues:

- FlexYourRights reviewed the video, and shares my deep concern -- dissent, actually -- about Mr. Cooper's recommending rampant waiver of people's right to refuse a police "consent" search. Mr. Cooper's purported interest is in showing people how to conceal drug crimes, whereas my interest is in helping people know and exercise their Constitutional rights, whether or not they have anything to hide.

A person may be risking more than s/he realizes when consenting to a police search. I believe it is all too common for people in a car to throw their drugs and weapons (if they have any) into another passenger's or driver's area of the car when a traffic stop takes place. No matter how innocent the car's driver may be, consenting to a search risks the police finding contraband that someone else secretly left there...

See the rest of my comments at this blogposting:

http://tinyurl.com/ytyd4o

---
Jon Katz
Criminal Defense Lawyer for MD, DC & VA
MARKS & KATZ, LLC
Silver Spring, MD 20910, (301) 495-4300
Underdog Blog: markskatz dot com /justiceblog

Jon Katz Bias

Jon Katz has a personal issue with me for reasons that are not worth posting. My conversations with him showing his unfair comments and my extended hand of friendship can be read on the flexyourrights web site. Jon still has not viewed my DVD and refused to take delivery of a DVD I offered to send. He posted this on the flexyourrights site also.

Be leery of a person who is willing to comment on something they refuse to even watch!

My information is good and it works. You will love my DVD!!! Keep your eye on my site www.nevergetbusted.com and watch for the ABC 20/20 story about my DVD to air soon!

Barry N. Cooper
CEO/NeverGetBusted.com

saying no in east Texas

I was stopped this week going through a east texas town close to Coopers home area. The officer said I failed to maintan a lane. Two lane traffic (I'm in a crew cab that takes up the full lane) in a construction zone where the lanes shift over and oncoming traffic is against a concrete barrier on the passenger side. Asked if I had been drinking (10:30 AM) had me do one test then asked if he could look in my truck. I said I am not going to consent to you searching . Boy did he get bent out of shape, and told me that made him think I was hiding something so he was going to call a dog in. Made me wait 30 minutes after a "pat down" search which he put is hands in all my pockets, even the empty ones. The dog came and scratched my passenger door up, they looked inside the truck, under the hood, and in the tool box but like I told him there wasnt any thing in the truck. He never said what he was searching for. Any way he implied I was being a smart ass by saying no and everytime I said no thats what would happen. Before I left he told me that this would happen everytime I come to his town. I would like to know how the help educate these east texas officers. Thats what happens when you say NO in east texas, I will ALWAYS SAY NO because it has got to change out here. Yes I need a lawyer. This officer pulled me over 3 weeks before for no turn signal in a driveway but decided he didnt have time. ???

Some officers are just jerks

Here's the Flex Your Rights page on responding to police misconduct. This stuff certainly isn't guaranteed to work, but it's the best advice I can give. Check it out.

Not strong enough

Some of us are not strong enough to resist to a policeman's demands. I mean, we know it's our right, he knows it too, but they usually ends up searching us. ~~ lipitor

Barry Cooper Here

Scott Morgan's posted comment above is wrong. He wrote:

"His only rationale is that a well-hidden stash could evade detection during the search,"

I don't think Scott had viewed my DVD at the time of that post. Scott's usual fairness is not being shown to me through this comment. My rationale is more than Scott told.

This is an excerpt from a popular review of my DVD found at windypundit.com. The following quote is in reference to the 3rd chapter of my video. Mark Draughn writes:

"This chapter also has what's probably the most controversial piece of advice: Don't refuse the officer's request to search your car. That goes against everything I've ever read. However, on reflection, Cooper's argument isn't totally insane: As former defense attorney Ken Lammers has pointed out many times on his blog, you don't really have any effective Fourth Amendment protection against a search anyway when you're in your car. By refusing to let a cop search your car, you've all but told him that you have something to hide. You could quickly find yourself surrounded by six cops and a drug-sniffing dog, all willing to spend as much time as it takes to find a reason to search your car without your permission. According to Cooper, you're better off hiding the drugs really well and letting the cop make a quick but unsuccessful search. That makes a kind of crazy sense, but I know people who've refused a search and the cop just went away."

SayingnoinEastTexas post above confirms what I said on my DVD..."If you refuse consent, cops come from everywhere, usually with a dog and search extensively. If your small stash is hidden really well, give consent and the cop will usually do a quick search and leave." If SayingnoinEastTexas will contact me through my site, I will make certain the officers involved are sued.

I produced a DVD that shouts aloud what cops think in secret not what people have been told for years by attorneys and good activists. The info told for years is accurate just as my DVD is accurate if viewers understand the story is being told through the lens of a cop.

So far, thousands of copies sold, only four returns on my guarantee and they were all cops except one.

It's good information.

Regards,

Barry N. Cooper
CEO/NeverGetBusted

Here we go again

Barry,

As I've been saying for 4 years, the concern that police will search you anyway is NOT an argument for consenting to searches.

I stand completely by my statement that the only argument you've made for why consenting to a search could help you is that perhaps they won't try as hard, and maybe they won't find anything.

But I'm not doing this to be mean or unfair. I'm doing this because this is what I do. I argue against consenting to searches, and I was doing this long before you came along. Why you continue to take my words personally is beyond me.

GET THIS BARRY: I agree with you about most things. I think it's awesome that you're pointing out how police dogs are taught to false alert, and I look forward to your next film.

But I believe you are wrong about consent. Stop acting like I'm an asshole for sharing my depth of experience on this issue.

Any policeman who want to

Any policeman who want to search you can invoke the Patriot Act or any other terrorist treat. They usually do this. -- printing brochures and business card printing

This is completely wrong

No, the PATRIOT Act does not give powers to "any policeman." The PATRIOT Act only empowers federal police in certain contexts.

The above comment is utter nonsense.

judge judy

u r guilty mr barry scott, guilty of realising you were causing more damage by tearing families apart than letting them keep they're pot! i applaud u, and all those fighting to ENHANCE peoples understanding of the laws(wrong/illegal:human rights), and 2 those who try 2 help others grow their own personal amount as i believe the grit/sand/glass/lead!! weed, is being laced by the government to create bad press 4 marajuana but hey thats another story all together

'peace n love all' jah

Post new comment

  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <img> <i> <blockquote> <p> <address> <pre> <h1> <h2> <h3> <h4> <h5> <h6> <br>
  • Lines and paragraphs break automatically.
  • You may post code using <code>...</code> (generic) or <?php ... ?> (highlighted PHP) tags.
  • Web and e-mail addresses are automatically converted into links.
More information about formatting options Captcha Image: you will need to recognize the text in it.
Please type in the letters/numbers that are shown in the image above.