Ed. Note: This post from L.A.'s West Coast Sound was written expressly about Coachella, but could just as easily apply to Houston's upcoming Free Press Summer Fest or ACL, except for the whole medical-marijuana thing. Read closely; learn something.
Timothy Norris This dude's actually drug free. But he still knows his rights
Cameron Bowman is here to help! As a music-festival lover and attorney at San Jose firm Valencia, Ippolito & Bowman, he's a legal expert on this kind of thing. Bowman, aka The Festival Lawyer, talks below about the best ways to protect yourself if you're approached by the fuzz at the fest.
1. Medical marijuana is still illegal in Texas. Long story short, even shorter because this is Texas, marijuana and other controlled substances are definitely not allowed inside big festivals, although some of you are going to sneak them in anyways in your sweaty pants. Just remember...
2. Big music festivals are crawling with undercover cops. If you're doing anything illegal, don't be blatant about it.
Credit: Nanette Gonzales "No officer, you cannot search my headdress."
Memorize this. Repeat it out loud: "Am I being detained? Why? Am I free to go, or am I under arrest?"
With these 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.
4. 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 I'm not giving you consent to search my backpack."
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?
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.
6. 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.
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