Three Levels of Police Encounters

1. Casual Conversation: Police want to have a friendly conversation with you. No proof of any crime is needed; they are likely fishing for data that could lead to a future arrest. Do not provide any information to the police, even if they seem very nice. Instead, ask politely if you are free to go; if yes, calmly leave the encounter.

2. Detention: The police can detain you, if a reasonable suspicion exists that you were involved in a crime. They must tell you why you are detained and articulate the suspected crime. Ask if you are detained and why, and remember the answer. An unreasonable detention can help win your case. If detained, answer no questions and politely state that you choose to remain silent and want to consult a lawyer before being questioned.

3. Arrest: If under arrest, immediately tell police "I choose to remain silent and want to see my lawyer." Remain silent; do not fall prey to police efforts to convince you to talk.

Do not rely on the Miranda Warnings to benefit your case. Police only have to read your rights if you are under arrest and they want to question you. They are trained to get you talking. If this works, stop talking immediately and repeat the magic words.

Do not consent to a search. Be polite but firm about your rights with police during search encounters. If police knock on your door, step outside and close the door to talk. If in your car, follow police instructions to either stay seated or exit the car. If the cops say "Do you mind if I look in your purse, bag, home, or car?" say, "I do not consent to a search." If the cops say "Why not? Are you hiding something?" say, "I believe in my constitutional right to privacy and do not consent to a search."

The police may still search you, with or without a warrant, but this will preserve your right to contest the case. Never physically resist the police. If they continue despite your statement, stand aside and say the magic words: "I choose to remain silent and want to see my lawyer." Many cannabis cases are thrown out due to bad search warrants.

Instructions for Avoiding Arrest

Cannabis is a helpful herb used regularly by millions of people. Despite this, it is illegal in the United States, and arrests for its use continue to rise. Medical cannabis users must understand their rights to avoid arrest and prosecution.
Many marijuana arrests happen because of traffic violations and nuisance complaints that lead to discovery of medical marijuana on premises. In view of that, we strongly recommend the following steps for all users:

• Be discreet: Do not consume cannabis in plain view and keep your cannabis materials stashed safely when not in use. Always conceal cannabis plants from view.

• Travel safely: Do not smoke and drive. If you travel with cannabis, make sure your vehicle is up to code and your cannabis is concealed, preferably in your locked trunk.

• Be a good neighbor: Loud music, bad parking, and domestic disputes can lead law enforcement to your home.

• Exercise your rights: Use these magic words to activate your constitutional rights when detained or arrested by the police: "I choose to remain silent, and want to see my lawyer."

You must say these words to the police officers; then follow them immediately. The police are skillfully trained to achieve one goal: to have you provide all the data needed for your own arrest and conviction. Don’t help them.