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I know what you are thinking. What the heck’s a Festival Lawyer?
Is it a Public Defender who helps you out if you get arrested at a concert? No. (Although, to be honest, I wish I had thought of that as a job option after law school).
I’m a criminal defense attorney with a background as a former prosecutor. But I also have a background as a drummer, a DJ, and avid festivalgoer. The idea behind “The Festival Lawyer” column is to combine these backgrounds to give you legal and practical advice that will make you a safer, more responsible festivalgoer.
Advice like how to protect your rights if the police approach you at a concert. Or how to recognize the symptoms of a drug or alcohol overdose. We will talk about things like California’s Medical Marijuana laws or what to do if stopped for a DUI on your way to a concert. But mainly, the column will be focused on how we can make the Festival Experience work better for everyone as a more responsible, positive community.
As an aside, I’ve noticed that as soon as I start talking about knowing your rights, a certain percentage of people start complaining that I am somehow “teaching people how to commit crimes.”
This is dangerous nonsense. We don’t live in a police state (well, not yet anyway). As citizens it is not only our right but our duty to know and defend our Constitutional Rights and keep an eye on the police.
Anyway, let’s start with a hypothetical situation where the police stop you out of the blue in the middle of a music festival and start questioning you. They don’t say why they are stopping you but just immediately ask permission to search your person and backpack.
What should you do?
1. Like the Clash said, “Know Your Rights.”
Okay, quick criminal procedure tutorial.
In any encounter with the police, a Judge will be looking after the fact at whether the police had a right to stop you in the first place. This is because the 4th Amendment of the Constitution says that you have a right as a citizen to freely go about your business unless the police can show they had a belief you were engaged in criminal activity.
What the police have to show to a Judge later depends completely on whether the Judge finds that you were being “arrested”, “detained” or were “free to leave”.
If the police arrest you, they have to show they had “Probable Cause” to believe you were committing a crime.
On the other hand, the police will probably argue that they weren’t arresting you but just “detaining” you. A “detention” is a situation where the police stop you briefly while they investigate a crime but haven’t arrested you yet. In a detention, the police have a much lower burden of proof. They only have to show a “reasonable suspicion” as to why they were detaining you. Or the police may argue that their entire contact with you was just a “consensual encounter” where you were free to go at anytime. In a consensual encounter, they don’t really need to justify why they stopped you because they were just talking to you and you were “free to leave”, (Because people always feel free to walk away when contacted by the police, right?)
2. Remember the Festival Lawyer’s Key Phrases.
So knowing the above, what should you do If a cop stops you?
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?”
Yes I am aware that like the cop in 99 Problems, the cop may not appreciate you being so “sharp as a tack” and view you as a potential troublemaker.
So your job in this situation is to keep calm and cool. Be respectful but clear and firm in what you are saying. It is completely reasonable (and legal) to ask why you are being stopped and whether you are free to go. By asking from the start if you are under arrest or free to leave you are forcing the officer to tell you exactly what is happening and whether you are a suspect.
3. Miranda Rights: Myths vs. Reality
One of the most common urban myths out there is that the police have to read you your Miranda rights or the arrest gets thrown out of court.
Not true. The police don’t have to read you these rights. In fact, the police have the right to completely lie to you in any interview. The only time they have to read Miranda rights is if:
- A) You are under arrest
- B) They want to use a statement you made after being arrested in court against you.
The Right against Self Incrimination is in the Bill of Rights for a reason. USE IT. You should NEVER give a statement to the police without a lawyer. Period. No exceptions.
In the above scenario, questions like “whose backpack is this?” should be answered with a firm, “Officer, I am choosing to remain silent. I want a lawyer.”
4. Do not give the authorities consent to search you.
One other major Constitutional right you have is the right to be free from an unlawful search of your person and property.
So lets say you are already in a Festival when the police approach you. They won’t let you leave and ask for permission to search your backpack. (Obviously, security has a right to search you as you enter a festival and go through their initial security screening.)
Cops always make it seem like you’re some kind of a criminal if you express the slightest hesitation about having your property searched without a warrant. You can expect to hear an “If you have nothing to hide, why can’t we search your stuff?” type of verbal approach from the cops.
Know this…If the police are asking you permission to search you or your property, it usually means they know they are making an illegal search. Let that sink in for a second. When the police ask you “Can I search this bag?”, they KNOW they are asking you to let them make a search they are not legally entitled to make.
My advice? Respectfully tell the police officer, “I’m not giving you consent to search my property.” If they ask what you have to hide, don’t argue with them. Simply say again, “Officer, I’m sorry I’m not giving you consent to search my person or my property. If I’m free to leave I’d like to leave. If not, I’d like a lawyer please…”
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 and force them to show they are legally entitled to search you.
5. Document the Encounter.
In future columns we are going to talk a lot about what a Festival Buddy is and what their responsibilities are. In this scenario, the Festival Buddy’s job isn’t to yell “Hey man leave him alone” or drunkenly argue with the cops. Festival Buddy’s job is to whip out his or cell phone and document the entire encounter.
SPOILER ALERT – COPS REALLY FREAKING HATE THIS. The best thing to happen to Civil Liberties in this country was the invention of the cell phone camera and YouTube. But just bear in mind, cops will do just about anything to avoid having you upload your video of them on YouTube or on Social Media.
This is an area where your own comfort level has to dictate how far you push it. Legally, since you are in a public place you are completely entitled to film and record what is happening. But cops will sometimes argue that you are “interfering with an investigation” and threaten to arrest you. Or if you have had anything to drink they will suddenly decide that you are “publicly intoxicated” and try to arrest you. As a Festival Buddy you have to decide if you can safely film what is happening. That’s because your other job as FB is to stay out of custody and post bail and let your buddy’s family know he just got arrested.
I suggest that you say the following if cops order you to turn off your camera.
“Officer, I’m not interfering with you in any way. I am just documenting this arrest. This is a public place and I’m entitled to record this”.
While making this statement, I would make a show of backing up and getting out of the way to prove that you are not interfering but just observing.
If that doesn’t work and your Latin is good you can just tell them, “Quis custodiet ipsos custodes” (pssst…that’s a joke but go ahead and Google it kids)
If things get crazier, be sure to get footage of the cop screaming “turn that camera off” before you turn it off. Everyone (You Tube, Media, Juries, Internal Affairs) loves footage of cops screaming “turn off that camera” to a calm person who is doing nothing but saying “I’m not interfering, just watching to make sure you are following the law.”
Okay that’s it for this column. Be sure to follow me on Twitter @Festivallawyer and be sure to tweet at me for comments on this story or future story ideas. I’ll be back in two weeks with a new column!
Read the Festival Lawyer’s follow up article, highlighting the best reactions and responding to the most pertinent questions from this article.
BIO – The Festival Lawyer is not a professional writer (duh). I am also not a journalist or concert promoter. I am just a fan who has gone to concerts all my life. I like to say that I’ve gone to a “saw Pink Floyd, The Clash, White Stripes before they broke up” and “I wish I had started wearing ear plugs a long time ago” years-worth of concerts. I’m hoping you will consider The Festival Lawyer your legal spirit guide.
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Excellent summary of rights and priorities in dealing with situations.
“One of the most common urban myths out there is that the police have to read you your Miranda rights or the arrest gets thrown out of court.
The police don’t have to read you these rights. In fact, the police have the right to completely lie to you in any interview. The only time they have to read Miranda rights is if:
A) You are under arrest
B) They want to use a statement you made after being arrested in court against you.”
This is confusing, if not contradictory. They have to read your rights if your arrested, and the arrest won’t be thrown out if they don’t read the rights. Ok. But you don’t explain what will happen if you are under arrest and they don’t read the rights. Please clarify! Thanks.
this is probably complicated enough it’s worth a separate column. But if they arrest you and they don’t read you your rights the only repercussion is that any statement you made after you were found to be in an arrest or what is called the “functional equivalent” of an arrest will get thrown out. The arrest is valid. The statements will get tossed if your Miranda rights were violated but the arrest and prosecution will stick. So let’s say cops put you in cuffs and arrest you and you say “those are my drugs” …they can’t use that statement in a trial for drug possession. Hope that clarifies?
perfect thanks!
That is not correct. If someone makes a spontaneous utterance, blurts out, that the drug are theirs, that statement can be used against them. The police can also ask qualifying questions for any of these utterances and they will also be admitted even if a Miranda warning has not been read.
Thank you for catching this Dan. In my haste to over simplify a concept to explain a point, I left a false impression. I should have added the phrase “in response to custodial interrogation” and pointed out that there are about 20 exceptions to the Miranda Rule. I was trying to make a point as to what the effect of a Miranda violation is. But by simplifying things I left out an important legal concept and ignored a ton of scenarios where Miranda doens’t even apply .You are absolutely right and thank you for clarifying that.
Who are you The Festival Lawyer!?! I love this article! I am a law student & have always been interested in finding a way of incorporating my love for music/festivals/concerts and my future law career! I thought a lot about it when I was at Coachella this year..
This should be Posted at every venue that does concert ….
little, big, or large no matter the size of the crowd
Great advice …
You should make mention that in a few states it’s illegal to record *audio* of an encounter with a cop, due to “wiretapping” laws.
Sparr that’s a really great point. I wrote this for a California website and I practice in CA and frankly did not think it would go “viral” . But it’s worth mentioning..thanks. To me those laws are clearly Unconstitutional and are starting to get knocked down one by one. Good summary here. http://dailybail.com/home/doj-rules-it-is-legal-to-photograph-and-film-the-police.html
run while carrying a shoe… : )
Reblogged this on The Road.
Great article, but may I suggest a revision on your advice about having a friend videotape a confrontation? Most states have eavesdropping laws, and in two party consent states, it may violate that law to record audio of a police officer without his or her consent. We’ve had a problem with this is Illinois (home of Lollapalooza), where recording audio without consent of all parties is a felony offense. I would hate for someone to end up charged with a felony while trying to avoid a misdemeanor charge!
This is only under the eavesdropping law which states that the recorded party has no knowledge, not consent. Again, you are in public and under the Illinois laws it is perfectly legal.
” Illinois makes it a crime to use an “eavesdropping device” to overhear or record a phone call or conversation without the consent of all parties to the conversation. The law defines an “eavesdropping device” as “any device capable of being used to hear or record oral conversation or intercept, retain, or transcribe electronic communication whether such conversation or electronic communication is conducted in person, by telephone, or by any other means.” 720 Ill. Comp. Stat. 5/14-1, -2. If you are operating in Illinois, you should always get the consent of all parties before recording an in-person conversation or telephone call. In addition to subjecting you to criminal prosecution, violating the Illinois wiretapping statute can expose you to a civil lawsuit for damages by an injured party”
(720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
Sec. 26-4. Unauthorized video recording and live video transmission.
(a) It is unlawful for any person to knowingly make a video record or transmit live video of another person without that person’s consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom.
(a-5) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person’s residence without that person’s consent.
(a-6) It is unlawful for any person to knowingly make a video record or transmit live video of another person in that other person’s residence without that person’s consent when the recording or transmission is made outside that person’s residence by use of an audio or video device that records or transmits from a remote location.
(a-10) It is unlawful for any person to knowingly make a video record or transmit live video of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person’s consent.
(a-15) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmit live video of another person without that person’s consent.
(a-20) It is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video with the intent to make a video record or transmit live video of another person in that other person’s residence without that person’s consent.
(a-25) It is unlawful for any person to, by any means, knowingly disseminate, or permit to be disseminated, a video record or live video that he or she knows to have been made or transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), or (a-20).
(b) Exemptions. The following activities shall be exempt from the provisions of this Section:
(1) The making of a video record or transmission of
live video by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful;
(2) The making of a video record or transmission of
live video by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Department of Corrections; and
(3) The making of a video record or transmission of
live video in a locker room by a reporter or news medium, as those terms are defined in Section 8-902 of the Code of Civil Procedure, where the reporter or news medium has been granted access to the locker room by an appropriate authority for the purpose of conducting interviews.
(c) The provisions of this Section do not apply to any sound recording or transmission of an oral conversation made as the result of the making of a video record or transmission of live video, and to which Article 14 of this Code applies.
(d) Sentence.
(1) A violation of subsection (a-10), (a-15), or
(a-20) is a Class A misdemeanor.
(2) A violation of subsection (a), (a-5), or (a-6) is
a Class 4 felony.
(3) A violation of subsection (a-25) is a Class 3
felony.
(4) A violation of subsection (a), (a-5), (a-6),
(a-10), (a-15) or (a-20) is a Class 3 felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.
(5) A violation of subsection (a-25) is a Class 2
felony if the victim is a person under 18 years of age or if the violation is committed by an individual who is required to register as a sex offender under the Sex Offender Registration Act.
(e) For purposes of this Section:
(1) “Residence” includes a rental dwelling, but does
not include stairwells, corridors, laundry facilities, or additional areas in which the general public has access.
(2) “Video record” means and includes any
videotape, photograph, film, or other electronic or digital recording of a still or moving visual image; and “live video” means and includes any real-time or contemporaneous electronic or digital transmission of a still or moving visual image.
(Source: P.A. 96-416, eff. 1-1-10; 97-813, eff. 7-13-12.).
Sorry, you’re wrong
Actually, I’m not. If you break 720 ILCS 5/14-2 down, it is unlawful to knowingly and intentionally use an eavesdropping device to record all or any part of a conversation without consent of all parties. An eavesdropping device is any device capable of being used to record oral conversation, including a cell phone. Furthermore, this law has in fact been used to prosecute citizens who videotape police officers in public. Though a trial judge declared the provision unconstitutional in November, states attorneys in Illinois, including in Chicago, continue to use the law to prosecute people who record interactions with police officers in public.
There have been legislative initiatives to change the law, particularly leading up to the G8 summit in 2012. However, the law is still on the books and still being successfully used to prosecute people for exactly what I warned of.
What was it called…Reasonable expectation or something like that? And yes that is true HSidewell yet you know how finicky the law can be. I also haven’t practiced since 2009, so I’m sure a lot has changed.
Key word….eaves dropping device.. If it is within sight and an officer has knowledge of it? You are no longer eavesdropping.
Eavesdropping definition: To listen secretly to the private conversation of others.
Still wrong.
In Illinois, the American Civil Liberties Union recently won a challenge to a state law banning recording individuals without both parties’ consent, with a federal judge issuing a permanent ban on enforcing the law in regards to publicly recording officers after the Supreme Court declined to hear a challenge in the case.
I’m sorry you disagree with me, but I am intimately familiar with this law through my work. While you are correct about the usual and customary usage of the word eavesdropping, the Illinois statute criminalizes recording without consent even when every party has knowledge that the recording is taking place.
Oh I do know what you stated by the way…It’s a very gray area though. I do live in Chicago as well, Gold coast area. I think what they are trying to do is make it so there are no actual right for the people they were actually provisioned for anyhow. Take that into a courtroom with me and I would slaughter it. I understand the under age laws considering that by law they cannot even consent themselves regardless.
I should point out I wrote this for a California website and I practice in CA and frankly did not think it would go “viral” . But it’s worth mentioning that there are states that call this “wiretapping”. It is an excellent point to discuss and I may need to go back and add that discussion at the end of the article …thanks. To me those laws are clearly Unconstitutional and are starting to get knocked down one by one. Good summary here. http://dailybail.com/home/doj-rules-it-is-legal-to-photograph-and-film-the-police.html
Reply
Thank you FL, great job. Might I add three caveats 1. First off, don’t abuse your body to the pint of “out of control.” As the ancient Greeks said – “All things in moderation.” 2. DO NOT wear T-Shirts that openly criticize law enforcement, that’s openly giving them a FU and asking for trouble. 3. The danger points are on the periphery (edge) of the crowd and any ingress or egress point. You are isolated there and easier for the police to single you out, stay in the crowd, remember, there is safety in numbers.
Great points. I don’t get that either. Partly cause I don’t like negativity. If I see someone with a “free hugs” T shirt at I feel happy. If I see someone who is saying “Fuck the Police” I just think “why bring those vibes here?”
I was at Music Midtown in Atlanta recently, a friend of mine was extremely intoxicated on more than just alcohol. He was stumbling down the sidewalk, we passed about 4 Atlanta police monitoring the area. One of the officers said “Look at dis dude, he has dat gangsta lean.” Not all of the police are looking for someone to arrest or hate festival goers. It is usually the cops that are underperforming on the streets or are just dick heads regardless if they were cops or not. We all got a good laugh out of the cops comment and he later passed out on the sidewalk waiting for a taxi.
Dude that was your friend? My group heard the cop say that and busted out laughing
Once the dogs sniff you, your fvcked?
As a lawyer, glad you’re spreading the word. Just want to add – as someone living in Europe, where do these people get their ideas about this continent? TV (the same way Europeans seem to get their ideas about us)?
The racism, the rednecks, the corruption, the aggressive cops, the stormtrooper armor – they’ve got it all here. It varies country by country (and the countryside is almost invariably worse), but this idea Americans have where Europe is some liberal fantasy-land that embraces peace, love and understanding is completely and utterly false.
I’m really glad that I’ve stumble upon your blog. Even though it’s about encountering police at music fest. I think it also serves as a general guideline for everyone who might just get stop by police in future, regardless of where.
Quis custodiet ipsos custodes line cracked me up. Very good advice. I happen to be an avid concert goer and have followed these rules even before I read this. If all else fails? Kick him in the nuts and run like hell. You may have to call the Festival lawyer for the assault charge if you’re slow though!!
You are awesome, and funny. What you are doing is amazing and a great idea. Pretty up to date myself, on laws and rights, but I will definitely be following your blog and recommending it to others. Good looks!
how to avoid cops completely at a festival: Don’t be doing anything wrong.
welp, that was easy.
You obviously aren’t familiar with the police
You’re obviously a troll
Thank you for that comment! Well said. Growing up, I was always taught to obey the law and do the right thing. If an officer asked to talk to me, it was a no-brainer… “Yes sir.” If he asked to search me, I would gladly consent… Because I knew I was doing nothing wrong. I respected the law and I never ever had any problems. The police have a tough enough job as it is trying to keep our communities safe, without having to deal with smart-ass “street lawyers” who are just looking for trouble. I find it disgusting that people like this author are giving people tips on how to get away with illegal activity. Clearly if you are THAT worried about getting stopped by the police, then you are engaging in some activity that would draw the attention of the police. The police are already under a tremendous amount of stress with the increasing violence in our society… Do you think they need the added pressure of some smart ass standing their videotaping them? And for those of you who view the police as a bunch of civil-rights-violating thugs, maybe you should check out this website:
http://Www.odmp.org
It updates daily with all of the police officers in this country who are killed every day trying to keep our streets safer… While you idiot pot-heads try and think of different ways to piss-off and annoy these men and women who are just trying to do thei me jobs.
Jason youre out of touch with reality. Either youre a cop or are related to one. Police work is LESS dangerous then many other jobs. MANY more innocent citizens are killed weekly by police then the other way around. The police are no different then any other public employee. They are to be held accountable for their actions. If a cop demanded you strip and have your ass searched would you consent too? How about if he pounded on your door at 4 am with gun drawn and demanded to search your house? You’d prefer living in a nation like Iran or North Korea where there is no constitution and bill of rights and the cops can shoot you on sight. Read up on Thomas Jefferson and Ben Franklin my friend. Benjamin Franklin: “Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one.”
Jason,
So it isn’t ok for a regular person to do something illegal, but it is ok for the cops?
(they call it an “illegal search” for a reason)
Any who can’t do the job without breaking the law or who complain that the job is too dangerous or too hard should find a different career. Obviously such people are not cut out for law enforcement. No one is twisting any arms.
You don’t seem to realize that “they are under high level of stress” and “they are always doing the right thing” are two statements that are at odds with each other.
Cops are under stress, no doubts. And I think they need way more help dealing with that. But, because of this, some of them also just lose it at times. And this is where knowing your rights is very useful.
I saw this YouTube video recently of a cop tasering a mom in front of her two kids. I was watching it expecting some gross police violence.
That was based on my experience as a young man in demonstrations in western europe. At some point, Police would come running and beat up everyone in sight, threatening or not. Everyone would run, and everyone would get beat. In hindsight probably the most idiotic strategy of all time on the side of the authorities – thousands of people who will never trust the police again. If you had been there for any reason, you’d have gotten beat up as well. Mother Theresa would have gotten beat up!
Anyway as I watched the video, the scene became a lot more ambivalent. The mother was screaming at this officer loudly for seemingly forever, whipping herself and her young kids into a rage over nothing, and finally assaulting the officer with her hands. He kept his cool and sent her away. But then she came back for more, and started slapping him again – this was not a small woman either – so eventually he tasered her. Just goes to show, there’s a lot of stress on this job at times.
Jason, it’s weird to me that you think that people who have “nothing to hide” shouldn’t worry about an encounter with the police. But at the same time you think that if the cops get videotaped its somehow “added pressure” put on by “idiot potheads”. If the cops have nothing to hide shouldn’t they welcome the chance to have the arrest videotaped so they don’t have false accusations of beating people up or harassing people? if they are THAT worried about being videotaped aren’t they the ones who have “something to hide”??
By the way, the vast majority of police agencies are moving to MVARS or VIE VUE or other mobile recording devices. Cops know that videotapes are great pieces of evidence in court. AND they have the added value of weeding out bad cops. (although as you might suspect, the bad cops always seem to have turned off the recorder during key parts of the arrest)
PS I was a prosecutor for a lot of years and so don’t you DARE lecture me about not respecting the law or cops. I love the law. I love this country. I pay my taxes. I don’t commit crimes. I vote. I guarantee I have more cop friends than you do. I just happen to also love the fact that we have a Constitution that protects the average citizen from a warrantless, unreasonable search. The Constitution is not “disgusting” at all to . It’s actually quite beautiful and remarkable. You should read it sometime. Happy journeys and I am just hopeful you never run into a pissed off “bad apple” of a cop.
Bravo.
“Do you mind if I search you?”
“No sir, I have nothing to hide.”
[pulls out a little baggy of white power…]
Chaos ensues.
The cop could have planted it because he’s a dirty cop and doesn’t like your tie-dyed shirt. A “friend” of yours could have stashed it in there for safe keeping. There are too many variables out of your control.
You have a right not to be searched. Don’t break the law. But don’t be a sheep because you don’t have to be a wolf.
How can I reply to this pompous, opinionated tool Anthony Woodruffe? Dude is British and lives in Germany and is on here discrediting an educated individual trying to lend helpful advice to those who attend concerts and partake. This Anthony person provides no useful input.
Don’t feed the trolls is my best advice.
Europeans are the biggest pussies. They don’t know what its like to live in a country where most of the government employees are corrupt. They don’t even arrest people for victimless crimes in Europe.
Jimis Genetics, you’re and idiot. I don’t think I need to add any more to the argument 🙂
Ever hear of N. Ireland?
I am a 49 year old middle class white female and was stopped at a Black Crows concert by security. As a severe hypoglycemic I carry glucose gels, injections for low blood sugar and an array of foods to address severely low hypoglycemia episodes. I tried to explain to security what my supplies were and the woman dumped my purse and said she knew what a diabetic is. Clearly not. She opened my glucose meter, dumped strips, opened my injection and said I had too much food. I’m tiny and she was not. I was shocked by the abusive treatment and won’t venture to CPAC again. I’ve been to Phish, Moe and many other festivals and never experienced this despite being surrounded by very pleasant stoners. So, I would say we indeed are headed towards a police state. Having lived in the Netherlands and London for years, I think we have lost the very independence that we hold so dear. Neither Democrat nor Republican presidents have made privacy a concern. What a sad state of affairs for one that grew up in a time of personal freedoms.
Very valid points Pamela, and sorry to hear about your recent negative experiences. Though it sounds like it was a security issue, and in any case like that, I would just immediatly ask for a supervisor as many of the ‘guards’ don’t handle individual cases like your appropriately. May not hurt to contact venue beforehand if you have doubts.
If that happened to me I would talk to and write the head of security, the event, band manger/agent, venue and a lawyer. I’d call the local media. I’d also write up reviews on yelp etc. Denying medical items to a person with a chronic medical condition is dangerous, harmful, unethical and immoral, if not illegal.
Might not be worth suing in small claims or superior court, but you can at least give them some terrible publicity. You might get them to change their staff and policy.
I have severe hypoglycemia and carry emergency injections, high sugar gels and food that my body can tolerate. Sadly, I was thoroughly searched by a female security officer claiming to know about diabetes. Clearly she did not. I am a 49 year old woman and feel like I live in a police state. This is getting ridiculous. I went to so many big venues as a young adult -Stones, Police, Queen etc and was never this harassed. I feel sorry for those how suffer from this type of entrapment.
Love the article. Would love to hear what you have to say in response to this one:
End of Alabama Shakes concert, HoB Boston last year…a couple drunks are getting escorted out of the place, things start getting a little violent, security is shoving them to the ground, Duty cops come out of the woodwork, and when people start recording it on their phones, all of a sudden there’s flashlights being pointed by all the security/cops at each phone to ruin the video. They then yell “you’re in violation of the recording policy here at the House of Blues.”
My jaw dropped at the audacity of that concept. I’m also pretty sure that policy doesn’t cover much after the band has left the stage. Any advice for the video-shooting bystanders in that case?
Key phrase, Dave: “you’re in violation of the recording policy here at the House of Blues.”
If there is a posted recording/photography policy, then you are in breach of the conduct contract that allows your presence on that private property if you violate that contract. At that point, from a legal standpoint, you become a trespasser and can be arrested.
This *does* hold water in a court of law. I say that not to appear to be condoning that behavior, but to make you aware that it is indeed a thing, and you can indeed be arrested at that point. Technically, you are committing a crime.
You see, private property belongs to the owner, who can make certain statements about acceptable behavior on their property. Disobey their conduct policy, and you commit trespassing by remaining.
Does that make it right? Not necessarily. Is it legal? Absolutely.
Another reason I dislike the House of Blues chain….
The font on this website sucks.
Lol. No it doesn’t and go fuck yourself for being so critical of something so meaningless. Do it better or don’t be an asshole about it.
what he said^^^
^^^ Yeah, what he said. The font is very legible.
Great stuff I posted it on my Face book page
Five things not to tell the cops if stopped:
1. Dudes, I am just helping you out, stay away from the brown acid, really.
2. Hey, glad you are here, I just wanna know, if I bought my stash in Colorado, it is legal to smoke it here, right?
3. I will let you search my bag if you let me fire your gun.
4. Don’t worry officer, I know I don’t have a drivers licence, but really Jerry is driving the bus.
5. Hey, got a light?
This is great advice on how to aggravate a situation.
In every paragraph you are inciting tension which will inevitably spiral into you being detained and arrested. It is important that you know your rights and know exactly what the current state (read ‘free to leave’, detained, arrested) you are in during the investigation. But don’t be so stupid as to be arrested and throwing what could have been a great day plus wasting all that money on a ticket, just because to decided to read a police officer their rights.
If you have nothing to hide then a quick friendly 5 minute chat and possibly a quick search of your belongings will see you merrily on your way to a great night of banging music, as opposed to not so merrily on your way to being banged up in jail for the night.
I also advocate for rolling over and presenting your ready backside to law enforcement, as they always have our best interests in mind. Society would go a lot more smoothly if we just acquiesced to authority figures with badges.
Caveat: if you are a racial minority, you might be confused as to what a “quick friendly 5 minutes chat and possibly a quick search” before you go “merrily on your way” is. It’s actually a fantastic thing. I highly suggest you get some white friends so that you can eventually witness this smooth exchange between cop & citizen.
I’ve been stopped by the police many a time and on every occasion have actively been forthcoming with them. However I can appreciate that sadly the tone of someone’s skin putting them at a disadvantage.
omg you obviously missed the point of this article Anthony. tension is already there being spoken to by an officer of the law, its an interview. and defending yourself does take some arguing which entices some aggravation. but if you talk to them with respectful tones and dignity and respect and don’t raise your voice they have no reason to stop you. if they search your bag and find something your screwed. pretty much this article is for those who carry illegal things in their bag.
There is nothing in this article that mentions any initial tension at all. In fact the whole article is about trying to avoid tension. I’ve never felt tense or threatened when speaking with an officer. I was asked once “Are you carrying any firearms or explosive devices with you today?” My answer was “No, Not today.”
A question has to asked whether this article is clearly aimed at people being stopped on the suspicion of carrying illegal substances. (It’s not blatantly obvious and is open to interpretation.) If you have something on you and are being stopped that would actually give a police officer grounds to detain you from the onset on grounds of “reasonable suspicion.”
So I don’t think I’ve missed anything. Fact is If a police officer doesn’t stop you; you have no need to talk to them with respectful tones and dignity and respect and don’t raise your voice.
Yup that’s it just give in that’s way better lets just let them violate our rights today and tomorrow they will push a lil more and then a lil more and then we have army trucks in Boston looking for 2 kids lol yes ur right let them violate you ….. Cuz it’s easier !!!! That’s it lets do the easy shit ur being raped give in itall be quicker only 5 min ….. Stupid fuck scared ppl u get arrested ? Atlest u fucking stood up leave this country if u wanna just sit idle … Fucking baby boomers
WTF are on? Coke, steroids, Meth, Fuck me you’re the last person on earth I’d every want to go to a festival with. You’d probably get us arrested at the gate with your knee jerk reactions and high testosterone levels.
On a side note I’m wrong he’s not from America so his input means shit ….. They have German forums for this my friend…..
Hey everyone..TAKE IT EASY…..the whole point of the article is to open a discussion and talk about our experiences. The whole “leave this country” thing is pretty offensive. Let’s keep it a positive, civil and calm discussion so we can educate and learn from each other. Cool?
I’m actually British and living in Germany. And sadly no thanks to your previous President and current one for than matter I never want to visit North America in my life. Any country that wants my finger prints before I can enter it, is obviously working on a “guilty until proven innocent” policy.
That’s not supposed to be insulting to you personally Titans, But it does explain the natural distrust between the law-enforcement and its citizens in an alleged “free country”
Thanks for your input and interesting comments Anthony,
If I had a chance to add one thing to this article it would be to say “every situation is different. You need to assess the encounter yourself and make a smart decision about how to handle your own personal situation. ” The point of the article was not to prescribe a knee jerk reaction to every encounter with the cops.
Instead the point was to open a dialogue and make sure people understand their rights when they do get stopped by the cops. From my experience Festival goers tend to be “easy targets” for the cops to mess with. They are “dirty, hippy, druggie, weirdos” to many cops. On the other hand, Festival goers tend to be super positive open folks who trust people too much and see the good in others. The combination can be really, really bad. I find that most Festival goers have no idea what to do when a situation gets tense or starts to go BAD.
Examples might be when you have an overly aggressive cop, or a cop who hates people of your race or sexual orientation or thinks you are “weird” and wants to hassle you., Or when you are with a friend who is drunk or high or being an aggressive loudmouth and arguing with cops. I agree with you that each situation is different and you have to do what feels right in the particular situation. My article was meant to inform folks how to handle yourself if you can tell that you are getting into a bad situation. Most folks have ZERO idea what their RIGHTS ARE in that type of an encounter with a cop.
If I was a sober, straight white, male, with nothing illegal on me who had a small bag that was easily searched with nothing in it and I was on my way to see Radiohead, would I insist on following all these rules? Course not. If I met a cop was friendly and smiling and it was clear we had no issues would I immediately hit him with a “hey I want a lawyer” blast? . No. I probably wouldn’t. So I get your point. But the idea that the cops are always cool and only want to contact you is cause they want a friendly 5 minute chat with you is pretty naive. But really, the point of the article was to think ahead of time what to do when the shit starts to hit the fan and you assess that things are starting to get tense and breaking bad for you. In other words, how do you protect yourself? What are your rights?
So I appreciate what you are saying in a lot of ways. The thing I STRONGLY disagree with you is this UTTER BULLSHIT you suggest that somehow our job is not to aggravate the cops, and to not get them mad at us and meekly mutter “yes sir, no sir, thank you for not messing with me” so that we can quickly go on our way and have a good time. That mindset drives me CRAZY. We are free Citizens living in a free Republic. The cops work for and are supposed to follow the rules and the Constitution. Our job is not to avoid aggravating the cops and just resign ourselves to NSA surveillance, TSA cavity searches, DUI checkpoints, and instant and endless warrantless random searches. Our job is of course to not break the law and to be good citizens. But we are American citizens with rights. And unless we start to insist on those rights then we are going to be safe happy little campers in our own personal little police state.
Yes – your article needs a step zero, before all the other steps:
STEP ZERO – BEFORE ANYTHING: Be human first. If a friendly cop talks to you and as it so happens you have nothing to hide – talk to them like a human being. They like to be treated like humans. Surprising!
The other steps are for when a situation gets bad for one reason or another. I am also not from the USA but I lived there for 6 odd years (San Francisco). What really sets the USA apart from other countries is how insanely paranoid cops are. They basically constantly think about how you might want to kill them, that’s the way most of them act. I am a classic non target, ie totally white, and even I got that vibe. If you’re non-white, it’s got to be (much) worse.
A friend of mine once got arrested – his own stupid behavior on God knows how many different drugs. As that happened I was trying to talk to one of the team arresting him, there were several cop cars and at least 10 cops and nobody even remotely threatening in sight. It took me several minutes of very careful negotiating to even be able to talk to him like a normal person. I had to stay far away from him (as if I was going to jump a cop?? IDK) and earn his trust before he let his paranoia shield down. Strange! At that point all I wanted to know was why he was being arrested….
I’m sure you would probably feel a little different if you lived in a country where they arrest people and take away their kids if don’t agree with their use of legally prescribed medicine. Like if some random cops kicked in your door, and then robbed you and then the government took your kids away because they don’t like your boner pills…would you still feel the same way? Maybe you would because you’re a big pussy who’d rather bitch out than stand up for your rights. That’s Europe for ya.
Sieg Heil! Herr Obergruppenfuehrer Woodruff, I see that you are doing an excellent job of promoting your Gestapo masters’ interests!
And yes, I do think Mr. Woodruff deserves to get Godwined.
Orthorin. That is seriously perfectly said. I am writing a follow up article and I hope you don’t mind if I quote this whole response in the “reactions, clarifications, and things I wish I had added” article.
anthony, youre an imbecile. what makes you think it will be a quick 5 minute detention? On what grounds will you be arrested if you don’t give consent to search? If they want to search your home with no warrant will you allow them? how about going to the station to be interrogated because of how you look? If so you would love China. If you hate the bill of rights then the USA is not for you.
I need to talk to u. I could use your help
Reblogged this on Deadheadland.
Grateful for this good information, wise advice for us festival goers.
From one lawyer to another, thanks for writing this article. The encroaching police state is a problem that does not get enough attention. Letting people know their Constitutional rights is a great way to combat this problem. As Thomas Jefferson famously quoted “Self-government is not possible unless the citizens are educated sufficiently to enable them to exercise oversight.” Festival goers especially need to exercise this oversight as it seems that cops view festival goers as an easy way to achieve their arrest quotas.
That last part is the key. Totally agree. Right now Festival Goers are easy “targets” and get messed with to a crazy degree. The article was meant to open a dialogue, explain people’s rights and encourage folks to take care of each other in a bad situation.
wickedd. love it! many people’s most basic rights are violated before they ever realize what’s happening. you should take Q+A from various festival-goers, keep their personal details private, and walk us through the hypothetical versus how these situations actually play out. if enough people share their experiences collectively, we can start to see more tricks the police are using as commonplace tactics.
What drives me nuts is when festival organizers “give in” to local pressure (MONEY). The cops at Summercamp had a trailer inside the fest where they would process misdemeanor crimes (underage drinking, peeing in public, paraphenelia, etc) Of course, felony arrests were taken “downtown” and they sat in jail waiting to see a judge and get bail set. I understand the initial search upon entry, but to have undercovers all over the place, and a trailer set up to process festival goers — That’s going too far. People are camping there, not out driving around and certainly not meandering around the local community peddling illegal substances. What are the cops really there for???? (MONEY). Security keeps things in general order and the festy community certainly takes care of our own.
That is going too far, and totally agree. It’s definitely a ‘give and take’ between local communities, authorities and event producers/promoters. The community is key as that is how High Sierra Music Fest was able to curb the formerly present, and heavy-handed, local law enforcement.
Thats why I love Wakarusa!! The land is privately owned, the owners will not allow police anywhere on their property. The down side.. If there is a medical emergency you are taken via golf cart to the front gate to meet the ambulance.. a price I am willing to pay to feel safe from the police.
cause everyone will remember to say these statements at a festival lol… good read though
Worth a shot, right….
Great job on this FL. I’ve seen it pop up on my newsfeed from other festival friends as well. Nice to know that correct knowledge is spreading in our community. Thanks!
very helpful ….Thanks
What about officers wearing private security clothing? I was randomly searched at Detroit last year by a guy who was very clearly a police officer, but wearing the shirt of a private security company, presumably an off-duty moonlighting. Do I have to comply with someone who does not identify themselves as a police officer? Would I then risk getting thrown out if I refused? Does one follow the same instructions laid out above? Thanks very much for the info.
Oh my God. You stole my next career idea! (Former prosecutor, former defense attorney, working in energy law now and going to every festival I can). Good advice, by the way!
When it comes to the Festival Lawyer, “There can be only one” Duh duh Duh..(cue ominous highlander music)
Awesome dude thanks for writing this I personally record every encounter with the police because I get harassed a lot in my town I also let them know you know about internal affairs and you don’t make a threat but let them know you will call them if need be. Also it seems over kill but it works I keep the constitution in my glove box along with the declaration the sopa bill (even know that would never come in to play in a encounter at a fest ) but when the see you know your rights it definitely pisses them off but they will be way less likely to do a illegal search or to rough u up which where I live happens a lot. I have a recording of a traffic stop where I was stopped for having long hair and a tyedye shirt on so I took my fone set it up to face me which the best spot in a car is the little handle thing on the passenger door next to the handle it gets a perfect view of the window and is inconspicuous the best thing is when a cop doesn’t know he’s being recorded at first and as soon as I make it obvious there whole attitude changes. I was ripped out of the car through the window and pushed around the when asked for my license I took out the bill of rights and read it to him then took my camera and showed him I had it on tape and a lot other stuff went on before that but basically when he saw it he latterly said to me it was my lucky day and he wasn’t giving me a ticket because he had no more. Now I don’t know about other places but on Long Island the print the tickets from there car so he had more but knew if I went to court he’d be fucked . Honestly the point is this works don’t ever think that your guilty because u won’t let them search you if they say why just say its because of the principle of it or because the law says they can’t. He is right if they ask u to search you it’s because they can’t unless u say yes . Don’t assume they won’t find ur stash. Also a trick I use is to keep red pepper in the car and if I think there Nona call dogs sprinkle it by the doors on the floor the dog is only aloud to smell out side ur car not inside so if they illegally let him in the pepper will burn his nose and he won’t be sniffing for a while . Now I love animals I’m a veg but I hate cops more and like it or not the dog is a cop it will fuck you and plus its not long term they’ll be fine soon and if they get mad say wtf dude the dog isn’t allowed in my car not my fault. I can go on and on but I don’t know if anyone will even read this but it u do hope I taught u something that will help u one day. Peace and love
Very useful info. I read it all just fine but try to use paragraph breaks next time and it will be more readable. People appreciate these kind of stories to learn from.
good stuff to know for sure , im thinking the more people witnessing the better, it seems once you go into this spiel your committed to so remember stick to the program and i think this could work, i usually just use Jedi mind tricks on cops but this could work better for normal people
“These aren’t the backpacks you are looking for”…*waves hand*. G. Gemberling.
Yea, we actually tried that once when witnessing an arrest… didn’t work… 🙂
I did all of this, said the right things, but the Police who arrested me in Athens GA went into the courtroom and flat out lied. They said that I voluntarily handed them the evidence, and the Judge, in my ‘Motion Top Suppress’ hearing, believed them.
If you are telling me that there are some bad cops who lie and Judges sometimes believe them I’m afraid I would have to agree. Cops are like any profession. I have some friends who are awesome, hard working, ethical people who want to just “make a difference” in their community and I’ve met some complete thugs too. Just like I know some good lawyers and some real scum bags. (I know that’s hard to believe about the good lawyer part but it’s true!)
should read..”cop friends”
It’s called “testilying.” Google it. Unless you record the encounter, almost nothing will stop it.
I’ve always understood these basics, but what happens if a cop makes up a reason to search your bag?
like “You smell like marijuana”
Even if you clearly don’t, who’s to say the cop just doesn’t like you? They can make up a number of things to keep you detained and make your life miserable. If they think you’ve got something on you, there are things they can say that gives them the right to search you. Even if you go to court, there’s no way to prove you didn’t smell and the judge tends to give the authority figure the benifit of the doubt.
In all, I do feel like I have no rights when I’m around police. They’ve been doing it a long time and a lot of them have tricks you’d never expect.
That is why it’s important to have it on video and only stick to the phrases that festival lawyer gave. even to, “you smell like marijuana, have you been smoking?” your answer should be, “am i under arrest?,” “Am I being detained?,” and “Am I free to leave?” Nothing else should come out of your mouth at all.
I freaking love A.e.c. …Yes exactly. put it on video, rely on your rights and your Festival buddies and remember to ask in any situation WWTFLD “what would the Festival Lawyer do?” hahah
It’s important to stress to anyone using the phrases you provided, “Am I being detained?,” “Am I under arrest?” and “Am I free to leave?” are the only things that you can say or you messed up. Absolutely anything else you say can and will be cause to search and or detain you. Not only are they the only things you can say at all, you have to be prepared to repeat them ad nauseam because the cop will not give into them lightly, they will test you to see if you are actually prepared to stand for your rights or just have been coached an will cave.
Mark and “concerned” make really good points. If I had to add anything to this article it would be something like “all of these rules are subject to exceptions and additions and your particular situation.” That’s a very true point. If they say “free to leave”..LEAVE.. And I totally agree that a one on one swearing contest with a cop is not one you are likely to win. Although I’ve won a few cases that were nothing more than those!
#2 on The Key Phrases. I’d like to add something important: After asking “Am I being detained? Why? Am I free to go, or am I under arrest?” Once the law enforcement officer tells you that you’re free to go – is your responsibility to get the hell out of there. My understanding is that the police will likely not ask you to leave, and the officer is under no obligation to stop the line of questioning…you may well incriminate yourself and give probable cause for a search/detention/arrest if you stick around and/or continue the conversation. Once you know that you are free to leave, grab your friends and get the hell out of there.
(I am not a lawyer)
Good advice, but I would recommend stalling with a few innocent-sounding “why, sir?”s and “i haven’t done anything wrong, sir”s to make sure there’s time for a camera to get rolling. Pull that “I know my rights” crap without a camera and you can bet your ass you’re getting detained and searched. None of your rights matter in court if it’s “he said, cop said.”
Great point Mark. see my further answer below in my reply to “concerned”.
Thanks for all you do! You are a godsend to these kids! As you we’ll know, it has become a scam at these festivals to bust the kids and get their money. It is a way for the city govt to make money off what they confiscate and all their fines they are ordered to pay to get out of it. SAD, SO SAD, that they can get away with what they are doing! Keep informing!
It was worth it to write this article just to hear someone refer to me as a “Godsend” in public. . hahah. Just kidding I do appreciate the comment. If you see any good examples of the crap that happens by cops that people are talking about would love to post any You Tube links or other articles on this column Thanks!
Gotcha. Thanks for the insight.
What if the festival is held on private property and the festival promoters gave permission to the police to enter? Does that make a difference if you want to site the “public place / right to not be searched” argument?
That’s a great question. A company can make it clear that by entering private property you are giving up your rights. An example is Costco. At Costco, you pay a membership and part of the membership agreement basically says “I agree that as part of my being here you can search my bag on the way out”. You give up your rights by agreeing to be a member. I think if a Fest was on private property, and made it a membership to get in and had you sign something as part of that entry agreeing that you would be searched at any time they might have be successful. They certainly have the right to search you as you enter. But once you are on the grounds you have a right to be free of a random search. Most fests are on public ground (Golden Gate Park, Coachella Polo Fields etc) but even if on private property I think they would have to do a lot more to show that you had given up your 4th Amendment rights by entering their property. (membership, signs saying you could be randomly searched at any time, etc)
So, would there have to be a sign? Or some language in the sale when buying the ticket? I kind of see it as being at a large party at someones house. Private property is private, no matter how big or small, yes? If the owner of the house lets the police in, you don’t have any recourse, right?
Hey Festie…don’t get two things mixed up 1) The Owner of private property can give police permission to enter and search the PROPERTY but 2) A person on the private property has their own rights under the 4th Amendment to be free from an unreasonable search. So a homeowner can say “go ahead and search my house” but the police still have to have some separate legal reason to search someone people who are there on the property.
Welcome to the Bam Fam!
Thanks! I feel the need to point out that the photo going along with this article is a REAL photo and not altered in the slightest. That guy just happened to get arrested right behind me at Outside Lands this year. As you can see, his Festival Buddy (guy in teal to the left) is messing up because he is arguing with the cops rather than recording the event.
I wouldn’t use that picture… You look sorta happy someone is getting arrested. Which puts an entirely different slant on ‘the festival lawyer’.
I was stopped for speeding after Nocturnal ’00 and the cop asked to search my trunk. I had nothing in there so being the naive 16 year old raver I was I said sure. Now being a 29-year-old lawyer I wish I would’ve known then what I learned in law school. Thx for lookin’ out for us Festival Lawyer! 🙂
you need a facebook page…….for all of us who love festivallls…and who don’t twitter……..
Folks, this great legal information is NOT just for music festivals…it is just as good for other encounters with the police.
Ditto on a FaceBook page, please!
You should follow Showbam’s Facebook page! Any articles I do will end up on there. Or you can get a Twitter account for two reasons
1) Twitter was the only social media platform that didn’t immediately roll over on all the NSA/PRISM surveillance request issues and
2) Where else are you going to see Kanye blast Jimmy Kimmel?