10 rules for dealing with police screenplay

Flex Your Rights: 10 Rules for Dealing with Police

By

Steven Silverman & Scott Morgan

Creative Commons License,

Flex Your Rights Fdt., 2009

FADE IN:

I/E CAR - NIGHT

Over opening credits: DARREN, 20s, black, drives on highway

in clean nondescript car, raps to lyrics on radio.

The shriek of a police siren and flashing lights startle

Darren, drowning out the music. He sighs and grimaces.

INT. MEETING ROOM - DAY

Darren sits in the front row of a meeting room filled with

people. A projector shines on screen. The slide reads "10

Rules for Dealing With Police." BILLY MURPHY walks to the

front of the room.

BILLY

Good evening, my friends. For those

of you who don’t know me, I’m Billy

Murphy, and we’re gonna talk about

how to deal with police. I’ve been

a judge, but I’m best known as a

criminal defense lawyer. I know how

the law works, and I know that for

many people the law sometimes

doesn’t work. But I’m gonna show

you how to make the law work for

you.

Billy paces.

BILLY

I see how the choices my clients

make have a massive impact on the

outcomes of their police

encounters. This is true even if,

and perhaps especially if, you’ve

done nothing wrong.

Billy pauses.

BILLY

There are lots of good police out

there doing what needs to be done.

And I don’t need to tell you there

are also a few too many cops who

don’t respect the basic rights of

innocent people. But you don’t get

to choose who you’re dealing with,

and even the nicest cop will use

(MORE)

(CONTINUED)

CONTINUED: 2.

BILLY (cont’d)

your mistakes against you. That’s

precisely why every citizen, every

one of you, must possess the tools

to confidently assert your rights

if you have to.

Billy pauses.

BILLY

Show of hands, who’s here because

either you, a friend or family

member has been on the business end

of a bad police encounter?

Nearly everyone raises a hand. Audience murmurs shock.

BILLY

Then you’re in the right place.

Show and tell. Who’s got a story

they want to share with the class?

Darren raises his hand.

BILLY

What’s your story?

DARREN

I got hassled by highway patrol the

other day.

BILLY

Tell us about that.

DARREN

Yeah.

I/E CAR - NIGHT

Darren drives on highway, raps to song lyrics.

DARREN (V.O.)

I was driving home from school. And

out of nowhere....

The shriek of a police siren and flashing lights startle

Darren, drowning out the music. He sighs and grimaces.

Screaming profanities (drowned out by siren), he pulls to

the shoulder, turns the car off, and places his hands on

steering wheel.

(CONTINUED)

CONTINUED: 3.

DARREN (V.O.)

I was ready to explode. This was,

like, the fourth time this year

I’ve been pulled over for nothing.

EXT. HIGHWAY - DAY

OFFICER WHITMORE, white, male, 40s, athletic exits the

police car and approaches Darren who puts the window all the

way down.

WHITMORE

License and registration, please.

DARREN

Yeah, I know the drill.

WHITMORE

Excuse me?

Darren, agitated, rips registration out of glove box, pulls

license from wallet, hands Whitmore items one at a time.

DARREN

License. Registration.

WHITMORE

(glances at license)

No need for the attitude, bro. I’m

looking out for your safety and

everyone else on this road.

DARREN

(mutters)

Bullshit.

WHITMORE

OK, step out of the car for me.

Darren throws the car door open, slams it behind him.

Throwing his hands out fitfully, he stares down Whitmore.

DARREN

What’s up, man!? What did I do!?

WHITMORE

Put your hands against the car.

Darren complies. In single maneuver, Whitmore slaps

handcuffs on Darren’s right wrist, twisting his arm behind

his back. He kicks Darren’s legs open, pressing his face

into the car hood.

(CONTINUED)

CONTINUED: 4.

DARREN

Aaargh! What are you doing!? I

didn’t do anything! I didn’t do

anything!

Whitmore releases his hold and frisks Darren.

WHITMORE

You’ve got a bad attitude. I pulled

you because you were swerving

between lanes. That’s all.

DARREN

That hurts! Too tight!

WHITMORE

You’re fine, bro. Here’s the deal.

You don’t speak unless I ask

questions. Understand?

DARREN

Yeah.

WHITMORE

If you cooperate, you’ll make

things much easier on yourself.

That means you gotta be completely

straight with me. Understand?

DARREN

I understand.

WHITMORE

Where you coming from?

DARREN

College. I’m driving home from

college.

WHITMORE

College. Good. So then you’re not

who I’m looking for, huh?

DARREN

No. I don’t know who...

WHITMORE

Cause, here’s the thing: We’ve had

some problems with gangs moving

guns down this highway. You’re not

packing Tec-Nines in there, are

you?

(CONTINUED)

CONTINUED: 5.

DARREN

(incredulous)

No. No, Sir.

WHITMORE

Don’t mind if I take a look then?

DARREN

Nah. Go ahead.

WHITMORE

Darren, please sit down right there

for me.

Darren awkwardly sits. Whitmore opens the door and fishes

through the upholstery.

DARREN (V.O.)

When that cop was done roughing me

up, he made me sit there like a dog

while he ripped up my car.

Whitmore opens the trunk, unzips a large suitcase, digs into

it, and dumps its contents. Darren shakes his head in

disgust.

DARREN (V.O.)

I got nothing to hide, but that’s

disrespectful.

Concluding the search, Whitmore shuts the trunk.

WHITMORE

Hang in there, bro. You’re doing

good.

Whitmore gets back into his car and calls on the radio.

DARREN (V.O.)

I sat there forever while he hung

out in his car.

Whitmore exits car and approaches Darren.

WHITMORE

Alright. Get up.

Darren stands up. Whitmore removes the cuffs. Darren rubs

his sore wrists.

WHITMORE

Darren, I appreciate your

cooperation. Here’s your ticket.

(MORE)

(CONTINUED)

CONTINUED: 6.

WHITMORE (cont’d)

Take care of that ASAP. Drive home

safe.

Darren looks at ticket, nearly in tears.


DARREN

That cop profiled me. It’s

ridiculous. I go to school; I’m not

a gun trafficker.

BILLY

I know how you feel, man. That’s

exactly why we’re here.

Audience murmurs in agreement.

BILLY

It’s certainly possible you were

profiled, but it’s practically

impossible to prove. You never know

for sure what’s going on in an

officer’s head.

Slide advances to Rule #1: Be Calm & Cool

BILLY

I hate to say it, but from what I

hear it sounds like you broke the

first rule of dealing with police:

Always be calm and cool.

Audience murmurs sympathetically.

AUDIENCE MEMBER #1

Hold up, are you saying that he

deserved to get treated like that?

BILLY

No. What I’m saying is a police

encounter is absolutely the worst

time and place to vent your

frustrations about police.

Darren nods his head in shamed agreement.

BILLY

Getting stopped by police is always

frustrating and scary. But you

could’ve played it much smarter by

being calm and cool.

7.

EXT. HIGHWAY - NIGHT

Officer Whitmore approaches car.

BILLY (V.O.)

As soon as you opened your mouth,

you failed the attitude test.

WHITMORE

Can I see your license and

registration, please.

DARREN

Yeah, I know the drill.

BILLY (V.O.)

Your attitude only got worse.

WHITMORE

(glances at license)

No need for the attitude, son. I’m

looking out for your safety and

everyone else on this road.

DARREN

(mutters)

Bullshit.

BILLY (V.O.)

Don’t ever talk back, raise your

voice, or use profanity with a

police officer! Being hostile with

police is stupid and dangerous. You

can’t win that game.

TEXT: Don’t Talk Back


BILLY

Police have a dangerous job. Even

the most professional officers

might become aggressive if they

feel threatened or their authority

is challenged.

8.


Darren exits car, frustrated.

BILLY (V.O.)

Always control your words, the tone

of your voice, and your body

language.

TEXT: Control Body Language

Darren mouths off to Whitmore.

BILLY (V.O.)

If you’re visibly scared and angry

it’s easy for an officer to get

scared and angry too. Things could

have turned out way worse than they

did.

Whitmore tasers Darren.


BILLY

Can you think of another way you

could’ve greeted that officer?


Whitmore approaches Darren’s parked car.

DARREN

Good afternoon, Officer. How’s it

going?

BILLY (V.O.)

Better. Calm and cool.


AUDIENCE MEMBER #1

Wait, wait, what’s with all this

politeness talk. They don’t respect

us, why should we respect them?

AUDIENCE MEMBER #2

For real!

Audience murmurs.

(CONTINUED)

CONTINUED: 9.

BILLY

Listen, this isn’t just about

respect. It’s about common sense.

If you let your ego take control

during a police encounter, you’ll

regret it every time.

Audience Member #1 listens attentively.

BILLY

Following the rules doesn’t

guarantee police will respect your

rights. But they can keep you from

digging yourself into a deeper

hole.

(pause)

Let’s talk about what our rights

are in the first place.

Slide advances to photo of Bill of Rights.

BILLY

This is the Bill of Rights. These

are the first ten amendments that

were added to the U.S. Constitution

after it was ratified in 1789.

These rights are protected under

federal law, which means everything

we’re talking about today applies

in all 50 states.

Slide highlights 4th, 5th and 6th Amendments.

BILLY

There are three amendments in

particular that protect your rights

during police encounters.

FULL SCREEN: FOURTH AMENDMENT TEXT

BILLY (V.O.)

The Fourth Amendment states that

the right of the people to be

secure in their persons, houses,

papers, and effects, against

unreasonable searches and seizures,

shall not be violated...

Slide advances to Fifth Amendment text.

BILLY

We’ll talk more about searches in a

moment.

(CONTINUED)

CONTINUED: 10.

FULL SCREEN: FIFTH AMENDMENT TEXT

BILLY (V.O.)

The Fifth Amendment states that no

person shall be compelled in any

criminal case to be a witness

against himself, nor be deprived of

life, liberty, or property, without

due process of law.

AUDIENCE MEMBER #3

That’s what they mean when they say

take the fifth.

BILLY

Yep. During a police encounter, the

smartest way to take the fifth is

to just keep your mouth shut,

because you always have the right

to remain silent.

Slide advances to Rule #2: You Have the Right to Remain

Silent.

BILLY

We’ll talk in a minute about how

this works.

Slide advances to Sixth Amendment text.

FULL SCREEN: SIXTH AMENDMENT TEXT

BILLY (V.O.)

In all criminal prosecutions, the

accused shall enjoy the right to

have the Assistance of Counsel for

his defense.

BILLY

So, if police interrogate or arrest

you, asking for a lawyer is a good

way to assert your right to remain

silent.

AUDIENCE MEMBER #1

Lawyer up!

BILLY

That’s right.

BILLY

Regardless of what you’ve seen on

TV, police don’t usually have to

(MORE)

(CONTINUED)

CONTINUED: 11.

BILLY (cont’d)

read you your rights, even if

you’re arrested. So it’s up to you

to understand the law and make

smart choices.

Billy paces and stops for effect.

BILLY

Darren, do you see any ways you

could’ve handled yourself better?

DARREN

Yeah, I do.


Darren pulls over, turns off car, and places hands on wheel.

BILLY (V.O.)

Good start. If police flag you

down, pull over immediately, turn

off your car, and place your hands

on the wheel. Police like to see

your hands for their own safety --

so wait until they request your

paperwork before reaching for it.

At night, it’s also a good idea to

turn on the interior light, so the

officer can see you’re not armed.

SERIES OF BULLETS: Pull Over Immediately; Turn Off Car; Show

Your Hands; Turn on Interior Light

Officer Whitmore approaches car. Darren opens window

part-way.

DARREN

Good evening, Officer. How’s it

going?

WHITMORE

Did you know you were swerving

between lanes?

DARREN

No, Officer.

WHITMORE

Let’s see your license and

registration.

(CONTINUED)

CONTINUED: 12.

DARREN

Sure.

Darren slowly opens the glove box, retrieves the

registration, takes the license from his wallet, and hands

the documents to Whitmore, who glances at the license and

peers into the car.

WHITMORE

Darren, we’ve had some problems

with gangs moving guns down this

highway. You’re not packing any

Tec-Nines in there, are you?

DARREN

No, sir.

WHITMORE

I didn’t think so. Mind if I have a

look?

DARREN

Officer, I know you’re just doing

your job. I don’t have any guns or

whatever, but I don’t consent to

searches.

TEXT: I Don’t Consent to Searches

BILLY (V.O.)

Perfect!


BILLY

Rule #3: You have the right to

refuse searches. This comes

directly from the 4th Amendment.

Slide advances to Rule #3: You Have the Right to Refuse

Searches

Slide adds text "I don’t consent to searches."

BILLY

For your 4th Amendment protection

to legally apply, you must be

prepared to clearly state your

refusal under pressure. Everyone

repeat after me: I don’t consent to

searches.

(CONTINUED)

CONTINUED: 13.

AUDIENCE & BILLY

I don’t consent to searches.

BILLY

The officer can’t hear you. Say it

again.

AUDIENCE & BILLY

I don’t consent to searches!

BILLY

Better. One more time...


DARREN (REPEAT)

Officer, I know you’re just doing

your job. I don’t have any guns or

whatever, but I don’t consent to

searches.

WHITMORE

You a law student or something?

They stare at each other.


DARREN

So if I show that I know the rules,

he might think I’m a law student or

I got big legal connections.

BILLY

Perhaps...


Darren is mouthing off to Whitmore.

BILLY (V.O.)

But don’t get carried away by

saying stuff like...

Darren mouthing off, lip syncs to Billy’s voiceover.

BILLY (V.O.)

I know my rights, Mother[bleep]!

Get outta my face, [bleep]! I’m

gonna sue your ass!

14.


BILLY

Never tell the officer you know

your rights. Show the officer you

know your rights by asserting them

calmly.

Slide advances to "Be Calm & Cool".


WHITMORE

You seem nervous. Is there

something in the car I need to know

about?

DARREN

No, Sir.

WHITMORE

OK. Please step out of the vehicle.

Darren closes the window, slowly exists the vehicle, and

closes the door behind him

BILLY

Police may legally order you out of

your vehicle, so you should comply.

WHITMORE

Listen, you got two choices: You

make things better or you make

things worse for yourself. You

cooperate with me, everything will

go easy for you. Understand?


BILLY

Beware that police may legally lie

to you. So never let false threats

or promises trick you into waiving

your rights.

Slide advances to "Rule #4: Don’t Get Tricked!"

15.


WHITMORE

If you don’t help me, I’m gonna

call up a K-9 unit. Those dogs are

gonna rip your car up and find what

you’re hiding. What’s it gonna be?

Whitmore face-to-face with Darren.

BILLY (V.O.)

Refusing a search request is not

evidence of guilt and does not give

the officer the legal right to

search or detain you. Don’t get

tricked!

TEXT: Refusal NOT Evidence of Guilt; Don’t Get Tricked!


BILLY

Unless you’re detained or arrested,

you may terminate the encounter

anytime. But don’t wait for the

officer to dismiss you. Ask if

you’re free to go.

TEXT: Rule #5: Determine if You’re Free To Go


WHITMORE

Those dogs are gonna rip your car

up and find what you’re hiding.

What’s it gonna be?

DARREN

Officer, are you detaining me, or

am I free to go?

TEXT: Are you detaining me, or am I free to go?

BILLY (V.O.)

Good. This line can help withdraw

you from an encounter. Saying you

want to leave establishes that the

encounter is not voluntary, which

could help you later if you end up

in court.

16.


Slide text reads "Are you detaining me, or am I free to go?"

BILLY

Let’s practice that line. Everyone

repeat after me: Are you detaining

me, or am I free to go.

BILLY & AUDIENCE

Are you detaining me, or am I free

to go?

BILLY

Good. One more time...


DARREN (REPEAT)

Officer, are you detaining me, or

am I free to go?

WHITMORE

OK, you wanna play it like that.

We’ll take this to the next level.

Stay right there.

Whitmore walks to squad car.

BILLY (V.O.)

Asserting your rights won’t make

police love you, but it might make

them extra cautious about violating

your rights.

TEXT: 5 minutes later

Whitmore exits car, and walks towards Darren.

WHITMORE

Darren, here’s your ticket. Take

care of that ASAP. Drive safely,

and don’t let me pull you over

again.

DARREN

Thank you, Officer.

Darren gets back in car, pulls away slowly, and signals

before pulling into traffic.

17.


DARREN

I understand refusing a search

doesn’t make me guilty. But if I’m

doing nothing wrong, why shouldn’t

I just let the police search me and

get it done with?

BILLY

Darren, you have the right to let

police search you. You also have

the right to refuse -- the choice

is yours. But there are some

reasons to think carefully about

this.


Whitmore searches inside Darren’s car and dumps suitcase.

BILLY (V.O.)

The officer isn’t your butler.

Searches can get real messy.

Whitmore carelessly opens bag, a laptop computer slides out,

shattering on the asphalt.

BILLY (V.O.)

If they damage anything, you might

not be compensated because you

agreed to the search.

I/E CAR - NIGHT

TWO WHITE GUYS sit in Darren’s car, puffing a blunt. One

puts the blunt out in an ashtray and closes it.

BILLY (V.O.)

Besides, you never know for sure

what a careless person might have

left in your car at some point.

LATER

Whitmore searches Darren’s car, opens the ashtray and picks

out blunt roach.

18.


Whitmore holds the roach in front of Darren’s face.

BILLY (V.O.)

If police find any illegal items

after you consent to a search

request, you can be arrested even

if you had nothing to do with it.

TEXT: Illegal Items + Consent = Arrest

Whitmore handcuffs Darren.

WHITMORE

You have the right to remain

silent. If you give up that right,

anything you say can and will be

used against you in a court of

law...

Police car door slams shut with Darren inside.

INT. POLICE STATION - DAY

SERIES OF SHOTS: Darren mug shot; Darren fingerprinted;

Darren on police phone; jail door slams on Darren.



BILLY (V.O.)

Consenting to a search request

automatically makes the search

legal in the eyes of the law. And

the 4th Amendment doesn’t require

officers to tell you about your

right to refuse.

TEXT (BLINKING RED): Consent = Legal Search

Whitmore, stands by car window, speaks with Darren.

BILLY (V.O.)

So if you’re pulled over, don’t try

to figure out whether or not the

officer has probable cause to

legally search you. You always have

the right to refuse searches.

TEXT: You Have the Right to Refuse Searches

19.


BILLY

Now don’t all of you jump up at

once saying police will just search

you anyway.

AUDIENCE MEMBER #1

But they’re gonna search us anyway!

BILLY

You’re right. Sometimes they will.

But saying no isn’t just about

stopping the search. It might stop

the search, or it might not.



BILLY (V.O.)

The point is that refusing the

search could help you later if you

end up in court. If police search

you without consent, your lawyer

can challenge it.

TEXT: If police search you without consent, your lawyer can

challenge it.


BILLY

As your attorney, I’d be much more

likely to win your case if you said

"no" to the search.

DARREN

So if I don’t consent when are

police allowed to search my car?

You said they need probable cause,

but what’s that mean?

BILLY

Probable cause means police must

have clear facts or evidence to

believe you’re involved in criminal

activity. In other words, an

officer’s hunch without evidence of

illegal activity is not enough to

search or arrest you.

20.

TEXT: Probable Cause Requires Facts.

I/E CAR - NIGHT

BILLY (V.O.)

But it doesn’t take much.

SERIES OF SHOTS: Empty baggies on car floorboard; pile of

purses with security tags; empty spray paint cans

SERIES OF BULLETS: Empty Baggies: Evidence, Illicit Drugs;

Tagged Merchandise: Evidence, Theft; Spray Paint Cans:

Evidence, Vandalism


BILLY

Most avoidable police searches

happen not because police have

probable cause. They happen because

people get tricked or intimidated

into consenting.

AUDIENCE MEMBER #3

I don’t consent to searches!

Audience laughs.

BILLY

I’d ride with this guy!

DARREN

So an expired registration isn’t

probable cause to search my car?

BILLY

No. It’s not! But you still gotta

be careful. Courts are eager to

uphold police searches, so

something suspicious about you or

your car could be considered

probable cause.

Advance slide shows photos of eccentric-looking people and

vehicles.

BILLY

I’m not the kind of guy to tell you

how you should express yourself,

but if you’re riding like that, at

least make sure your vehicle is

(MORE)

(CONTINUED)

CONTINUED: 21.

BILLY (cont’d)

compliant with your state’s laws.

Expressing yourself is one thing...

Advance slide show photos of people engaged in bad behavior.

BILLY

But exposing yourself to police by

being a public nuisance is

ignorant.

Rule #6: Don’t Expose Yourself!

BILLY


THOMAS, 19, Latino, hip-hop gear, stands.

THOMAS

Mr. Murphy, I appreciate you’re

here talking about constitutional

rights and all, but in my hood

police don’t care about anyone’s

rights. They do whatever they want.

BILLY

Tell us more.

EXT. APT. BLDG. - DAY

Thomas exits front of building talking on phone IN SPANISH.

THOMAS (V.O.)

The other day I was leaving my

building on my way to work.

THOMAS

I’m on my way right now, I’ll be

there in 30 minutes. No! I’m not

late. My shift starts at 5 today.

Check the schedule. I’ll be on

time. See you soon.

An unmarked patrol car pulls in front of Thomas. Two white

plain-clothes officers, GILMORE, 30’s, athletic, and

GOLDSBERRY, 20’s athletic, jump out flashing undercover

badges.

(CONTINUED)

CONTINUED: 22.

GILMORE

You. Let me see your hands. Put ’em

on the car.

Thomas complies as Gilmore frisks him.

GILMORE

Spread ’em. Where’s the dope? Give

it up.

THOMAS

I got nothing.

GILMORE

Let me see your pockets. Pull ’em

out.

Thomas places keys, phone, and wallet on car hood.

GILMORE

Your ID?

Thomas hands ID to Gilmore who passes it to Goldsberry.

GILMORE

Run that, please.

(to Thomas)

Show me your hat.

Thomas reveals underside of hat; a WITNESS, 20s, male,

black, watches at safe distance holding video phone;

Goldsberry runs ID in car.

GILMORE

I seen you come out of there.

That’s a known drug spot.

THOMAS

That’s my home. That’s where I

live.

GILMORE

You go to school? Are you working?

THOMAS

I work at a restaurant. That’s

where I’m going.

GOLDSBERRY

He’s clean.

(CONTINUED)

CONTINUED: 23.

GILMORE

For now. Grab your stuff. I

appreciate your cooperation. Stay

outta trouble.

The cops get back in the car and leave. Thomas is stunned.

THOMAS (V.O.)

That wasn’t the first time that

happened to me...


THOMAS

Probably won’t be the last. That’s

just the way they do it ’round

here.

BILLY

Show of hands. How many of you have

dealt with a similar stop and

frisk?

Nearly every man and a few women raise their hands. The

audience murmurs in shock.

BILLY

I’m not surprised. In cities across

the country these stop-n-frisks are

occurring at record rates,

especially in low-income

communities of color. They happen

so frequently, they seem perfectly

normal to you.

THOMAS

Yeah they do.

BILLY

This might be common, but that

doesn’t make it right. In fact, it

sounds like those cops searched you

illegally.


The officers jump out flashing undercover badges.

GILMORE

You. Let me see your hands. Put ’em

on the car.

(CONTINUED)

CONTINUED: 24.

Thomas complies as Gilmore frisks him.

BILLY (V.O.)

If police have reasonable suspicion

to believe you’re involved in a

crime, they’re legally allowed to

detain you for a short period of

time.

TEXT: Reasonable Suspicion --> Detention


BILLY

Reasonable suspicion requires less

evidence than probable cause, but

it basically means the officer has

some specific reason to believe

you’re up to something.

I/E UNMARKED CAR - DAY

Two white males loiter on a street corner. A call comes into

radio for two suspects fitting their exact description.

BILLY (V.O.)

For example, police can legally

stop someone who matches the

description of a criminal

suspect...

Two white males shake hands. Spotting police, both toss

baggies into bushes and walk away in opposite directions.

BILLY (V.O.)

...a suspect who drops a suspicious

object after seeing the police...

White males spot police, and run in opposite directions.

SPLIT SCREEN IMAGES: Officers chase, tackle, punch, taser,

and handcuff both white males.

BILLY (V.O.)

...or someone who runs away after

seeing the police. Don’t ever run

from the police. They’ll run you

down, and make you regret it.

TEXT: Rule #7: Don’t Run!

25.


BILLY

If you see police approaching, be

calm and assert your rights if need

be. But don’t run.


Gilmore frisks Thomas against police car.

BILLY (V.O.)

If they have reasonable suspicion

to detain you, police may pat down

the outside of your clothing to

check for weapons, but only if they

have a basis for suspecting you’re

armed.

Gilmore reaches into Thomas’ pockets.

BILLY (V.O.)

If they feel a hard item that might

be a weapon, police may pull out

the item to check it out.

Thomas opens his pockets.

BILLY (V.O.)

Police may ask you to show them

what’s in your pockets. Remember,

you don’t have to do it. Emptying

your pockets is the same as

consenting to a search, and you

always have the right to refuse.

SERIES OF BULLETS: Don’t Get Tricked!; You Have the Right to

Refuse Searches


BILLY

In your case, there appeared to be

no basis to justify their stop and

frisk.

THOMAS

It happened so fast. It was over

before I knew it. What could I have

done different?

26.



BILLY (V.O.)

You don’t have lots of immediate

options here. If police detain and

frisk you, you have the right to

clearly state your refusal to

consent to the search.

THOMAS

Officer, I’m not resisting, but I

do not consent to this search.

TEXT: I don’t consent to searches.

BILLY (V.O.)

But you should only verbally

refuse. Never physically resist.

SERIES OF BULLETS: Verbally Refuse Consent; NEVER Physically

Resist

Thomas smacks Gilmore’s hand.

BILLY (V.O.)

Just touching a cop could get you

tasered or beaten. You could also

get charged with felony assault.

TEXT: Rule #8: Never Touch a Cop!

SERIES OF SHOTS: Gilmore tasers Thomas; Goldsberry swings

club at Thomas’s midsection; Thomas handcuffed; police car

door slams on Thomas.


SERIES OF SHOTS: Thomas’ mug shot; Thomas fingerprinted;

Thomas on police phone; jail door slams on Thomas.


Gilmore frisks Thomas against police car, Goldsberry spots

and picks up dimebag of marijuana on ground nearby.

BILLY (V.O.)

Sometimes people get arrested for

merely standing near others with

marijuana or if marijuana is found

on the ground.

(CONTINUED)

CONTINUED: 27.

Gilmore handcuffs Thomas and questions him outside of car.

BILLY (V.O.)

Police may try to get you to snitch

on yourself or on others. But

remember that police may legally

lie to you, so don’t get tricked

into waiving your rights.

TEXT: Don’t Get Tricked!

Gilmore waves bag of marijuana in front of Thomas.

GOLDSBERRY

We know you bought this weed. That

means you’re part of a drug

conspiracy. You give up the

supplier or else you’ll be charged

as an accessory to drug

trafficking.

THOMAS

I’m going to remain silent. I’d

like to see a lawyer.

TEXT: I’m going to remain silent. I’d like to see a lawyer.


Slide appears reading "I’m going to remain silent. I’d like

to see a lawyer."

BILLY


like to see a lawyer. If you’re

being interrogated or you’re under

arrest, these magic words are your

best legal protection. They’re

kinda like a legal condom! Say ’em

with me.

BILLY & AUDIENCE


like to see a lawyer.


GILMORE

I saw you drop this, man. Just

admit it’s yours. It’s a slap on

the wrist. You make things

(MORE)

(CONTINUED)

CONTINUED: 28.

GILMORE (cont’d)

difficult for me and I’ll charge

you with possession and evidence

tampering. That’s a felony.

BILLY (V.O.)

Don’t get tricked! You know what to

say.

TEXT: Don’t Get Tricked!


AUDIENCE

Officer, I’m going to remain

silent. I’d like to see a lawyer.

BILLY

If police pressure you to snitch,

you need a lawyer. Use the magic

words.


THOMAS

Officer, I’m going to remain

silent. I’d like to see a lawyer.

TEXT: I’m going to remain silent. I’d like to see a lawyer.


BILLY

But remember: just because you ask

for a lawyer doesn’t mean they have

to stop questioning you. If you

keep talking, your words might

still be used against you. So shut

your mouth until your see a lawyer.

Advance slide to "Rule #2: You Have the Right to Remain

Silent".

AUDIENCE MEMBER #3

But when do you actually get a

lawyer?

BILLY

That depends. If you’ve kept your

mouth shut you might not even need

(MORE)

(CONTINUED)

CONTINUED: 29.

BILLY (cont’d)

one. But if you’re arrested and

charged with a crime you need help.

If you can’t afford a lawyer, one

will be provided for you.

(pause)

The point is that you can’t talk

your way out of a police

interrogation without a lawyer.

That’s a big mistake. Almost

anything you say to police can and

will be used against you in court.

AUDIENCE MEMBER #1

What if police try to get you to

sign a confession or something?

BILLY (V.O.)

Don’t sign anything without a

lawyer! And don’t rely on police to

explain what it says. Read it for

yourself. Usually, the only

document that’s safe to sign is a

promise to appear in court.

THOMAS

What if police just come up to me

asking for ID?


Gilmore and Goldsberry, on foot, approach Thomas.

GILMORE

Let’s see some ID.

Thomas reaches for wallet, hands ID to Gilmore.

BILLY (V.O.)

Carrying an ID is required when

you’re driving, but there’s

otherwise no law requiring you to

carry ID.


BILLY

But in some states police can

require you to give your name if

they have reasonable suspicion to

believe you’re involved in criminal

activity.

(CONTINUED)

CONTINUED: 30.

AUDIENCE MEMBER #1

How do you know if police have

reasonable suspicion?


Gilmore and Goldsberry, approach Thomas, flash badges.

BILLY (V.O.)

Remember, police need reasonable

suspicion to detain you. So one way

to tell if they have reasonable

suspicion is to ask if you’re free

to go.

TEXT: Reasonable Suspicion --> Detention; Determine if

You’re Free to Go

GILMORE

Let’s see some ID.

THOMAS

Excuse me, officer. Are you

detaining me, or am I free to go?

TEXT: Are you detaining me officer, or am I free to go?

GILMORE

I just wanna talk for a second.

What’s your name?

THOMAS

Are you detaining me, or am I free

to go?

GILMORE

You’re not being detained...

Thomas turns his back to the officers and slowly walks away.

THOMAS

Officer, I promise I’m clean. Don’t

have time to chat now. Gotta go.

GOLDSBERRY

What’s your rush, Man?

Thomas keeps walking.

31.


THOMAS

What if they don’t let me go?

BILLY

Then you’re being detained, because

the officer thinks there’s some

reason to suspect you of a crime.


Gilmore handcuffs Thomas.

BILLY (V.O.)

In that situation you could be

arrested if you refuse to reveal

your identity.


BILLY

Technically, police can’t make you

identify yourself anytime they

want. But on the street,

withholding your identity

frequently leads to a detention or

even an arrest.

(pause)

If your goal is to just get the

encounter over with, then

identifying yourself might be your

best option. But if you’re prepared

to fight things out in court, you

can flex your rights by refusing to

cooperate with random ID requests.

TEXT: Learn More about ID Laws at www.FlexYourRights.org

THOMAS

You say those police broke the

rules searching me like that. What

am I supposed to do now? Call the

cops on them?

Audience snickers.

BILLY

Listen, fighting back against

police misconduct ain’t easy. But

it gets easier if you know your

rights.

(CONTINUED)

CONTINUED: 32.

THOMAS

What do I do? File a complaint?

Does anybody even read those?

BILLY

Oh, they read ’em for sure. There’s

lots of bad cops who are off the

streets because they got too many

complaints. And many cities pay out

millions of dollars a year to

settle lawsuits from victims of

severe police misconduct.

THOMAS

So you think I could get a million

dollars?

BILLY

Slow down, son. Winning a lawsuit

against the cops is never easy. But

reporting police misconduct isn’t

about money, it’s about protecting

yourself and your community from

future abuse.

Slide advances to Rule #9: Report Misconduct: Be a Good

Witness

BILLY

Here’s what you need to know about

reporting misconduct.

BULLET: Pay Attention to Detail



BILLY (V.O.)

During the encounter, pay close

attention to details. Remember the

order of events. Remember as much

as you can about the officers. What

did they look like? What were their

names? And any other important

details?

SERIES OF SHOTS: closeup of officer’s faces; closeup of

cruiser’s ID;

(CONTINUED)

CONTINUED: 33.

BILLY (V.O.)

Remember the exact words the

officer says.

Gilmore frisks Thomas.

GILMORE

Spread ’em. Where’s the dope? Give

it up.


BILLY

As soon as you can, write down

everything you remember.

BULLET: Immediately Write Down Everything


The cops drive away. Thomas uses his phone to record his

thoughts.

BILLY (V.O.)

Use whatever device you can to

collect your thoughts. The longer

you wait the less you’ll remember.

Witness shows Thomas video phone footage.

BILLY (V.O.)

And try to find other witnesses if

you can. You’ll need this evidence

later.


BILLY

If there was any physical abuse,

photograph any injuries you have.

And make copies of relevant

hospital records.

Slides show photos of police brutality victims.

BILLY

If you’re thinking about responding

to a police misconduct incident, go

to FlexYourRights.org to learn more

about your options.

(CONTINUED)

CONTINUED: 34.

SHOT: Show FlexYourRights.org homepage.

BILLY

Don’t be discouraged just because

you’ve heard about police abusing

their power and getting away with

it. Now that you know your rights

you’ve got more power to demand

accountability.

KAREN, 60s, black, raises her hand.

BILY

Yes. Ma’am.

KAREN

Mr. Murphy, is it legal for police

to just go around knocking on

people’s doors asking to search?

BILLY

Unfortunately, yes. Did something

happen?

KAREN

This was last Saturday afternoon.

INT. APT. - DAY

Karen sits reading in her apartment.

KAREN (V.O.)

I was just relaxing at home after a

long week.

Knock at door.

KAREN

Who is it!?

SMITH (O.C.)

Police Department.

Karen pauses, puts book down, walks towards door, cracks

open door as far as chain allows. Sees smiling face of

OFFICER SMITH, 30’s black, pretty.

SMITH

Good afternoon, Ma’am. I’m Officer

Smith. What’s your name?

(CONTINUED)

CONTINUED: 35.

KAREN

I’m Karen Stewart. Everything ok?

How can I help you?

SMITH

Everything’s fine, Ms. Stewart. Do

you mind if I come in for a moment?

KAREN

One second.

Karen unlocks the chain, opens door. Smith, with clipboard,

enters with OFFICER JONES, 30’s, white, athletic.

SMITH

Me and Officer Jones here are

introducing ourselves to the

tenants as part of a new home

safety program. We’re available if

you need any help.

Officer Smith hands Karen her card.

SMITH

Mrs. Stewart, are you here alone?

KAREN

Yes. My granddaughter lives here,

but she’s at school.

SMITH

I’m sure you know there’ve been

some gang-related shootings in the

neighborhood.

KAREN

Uh huh.

SMITH

We’re trying to do something to get

the guns off the streets, and we’re

asking folks to help out.

KAREN

Of course. How can I help?

SMITH

If you don’t mind we’ll take a

quick look around to make sure

there’s no guns in your home you

might not know about...

(CONTINUED)

CONTINUED: 36.

KAREN

(interrupts)

I got no guns in here! Go ahead!

SMITH

Great. Just sign this form for me

please. I appreciate your

cooperation.

SERIES OF SHOTS: Officers search apartment. Jones pinches a

small bag of marijuana from underneath the couch cushions.

JONES

Uh-oh! What’s this? Wanna tell me

about this marijuana in your couch?

Karen shakes her head in shock.

KAREN

What is that?

JONES

Don’t play dumb. You know what it

is.

KAREN

That’s not mine! I don’t know. I

cook for some of the kids in the

building, maybe someone left it

here by mistake? I don’t know.

JONES

You oughta pay closer attention to

what’s going on in your home.

SMITH

Mrs. Stewart, I appreciate your

cooperation. I hate to do this.

Please put your hands behind your

back. You’re under arrest.

KAREN

Under arrest!? Why are you

arresting me. I know nothing about

that. No! Stop! You don’t have to

do this!

Smith cuffs Karen.

SMITH

Ms. Stewart, I’m taking you to the

station. You can tell your story to

the judge.

37.


SERIES OF SHOTS: Karen’s mug shut; Karen gets fingerprinted;

Karen on police phone; jail door slams on Karen.


KAREN

The worst part is I’m in public

housing, and there’s a

zero-tolerance rule. I’m now

fighting the eviction order.

BILLY

Did you all here that, folks?

Remember that the next time someone

tells you nobody ever gets in

trouble for weed!

KAREN

It’s my fault. I shouldn’t have let

them inside.

BILLY

See. This is how they get you.

Police come knocking at your door

saying ’Hey there, we’ve got a new

safety program...can we search your

home’? Hell no! You don’t have to

let them in!

Slide advances to Rule #10: You Don’t Have to Let Them In.

BILLY

Even if police have probable cause,

the 4th Amendment requires them to

get a signed warrant from a judge

to enter and search your home.

Unless there’s a serious emergency,

they can’t come in.

INT. APT. - DAY

Karen unlocks chain. Opens door to police.

BILLY (V.O.)

But they don’t need a warrant if

you invite them in.

TEXT: You Don’t Have to Let Them In

38.

KAREN - POV

Looks through peephole, sees police, takes door keys off a

hook, and puts keys in pocket. She takes a deep breath,

opens door, and walks into hallway.

BILLY (V.O.)

When the officers came knocking,

Karen could’ve talked to them

outside and closed the door behind

her.

INT. APT. HALLWAY - DAY

Karen stands in hallway with officers, closes door behind

her, which clicks locked.

TEXT: Go Outside; Close Door Behind You

KAREN

Good afternoon, Officers. How can I

help you?

INT. APT. - DAY

Karen opens the door with the chain locked.

BILLY (V.O.)

The chain lock works fine too.

KAREN

Good afternoon, Officers. How can I

help you?

SMITH

Hi, Ma’am. Do you mind if we come

in for a moment?

KAREN

Do you have a warrant? What’s this

about?

SMITH

No. My name is Officer Smith. This

is Officer Jones.

Smith hands her card through door crack.

SMITH

We’re introducing ourselves to the

tenants as part of a new home

safety program. Mind if we come in?

(CONTINUED)

CONTINUED: 39.

KAREN

No thank you, Officers. I can’t let

you in without a warrant.

TEXT: I can’t let you in without a warrant.

BILLY (V.O.)

Again.

KAREN (REPEAT)

I can’t let you in without a

warrant.

TEXT: I can’t let you in without a warrant.

SMITH

Well, that’s your decision, Ma’am.

But this is just a public safety

visit. We’re not here to get anyone

in trouble.

KAREN

I understand, but I would need to

see a warrant before letting you

folks inside.

SMITH

Ok, Ma’am. Well, you have my card

if you need anything. Have a nice

day.

KAREN

Take care.

Karen closes door, locks chain.

BILLY (V.O.)

If police come to your door and you

don’t need their help, you may

simply decline to answer the door.

Because you don’t have to let them

in.

TEXT: You Don’t Have to Let Them In

KAREN - POV

Looks through peephole, sees police.

40.

INT. LIVING ROOM

Karen ignores knocking, shakes her head, and walks away from

door.


BILLY

We covered a lot today, but we’ve

only scratched the surface. If you

want to learn more about the 10

rules for dealing with police,

visit the Flex Your Rights website.

TEXT: www.FlexYourRights.org

BILLY

Any more questions?

Nearly every hand goes up.

FADE OUT:

10 rules for dealing with police screenplay

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