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Be aware that private security personnel outnumber police officers in the United States by three to one. As a result, you may be more likely to be confronted by a security guard than by a police officer. You must also be aware of the following places where security personnel (governmental or otherwise) are permitted to search you without a warrant...
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The sad fact is that most people believe that they are under some kind of obligation to acquiesce when an officer contacts them and asks permission to search them or their belongings. The truth is exactly the opposite...
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No. We believe that most police officers are good, hardworking people who are doing a tough job. We need police to safeguard the life, liberty, and property of all people. To do this best, police officers should...
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Simply put, the number of arrests an officer makes is a major factor used to determine his job performance. Police officers know that the easiest way to make arrests is to find people in possession of illegal drugs, so they want to search everyone they can find...
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Your rights do not disappear if the officer threatens to call in the dogs, so don't let this all-too-common tactic intimidate you into consenting to a search. You have several options...
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Generally not. The Bill of Rights protections that matter most during police encounters are mandated by the U.S. Constitution as interpreted by the U.S. Supreme Court, and all states are required to follow them. States can offer more protection of these rights, but not less. There are some variations regarding...
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Everyone should be trained to assert their constitutional rights under the 4th Amendment in order to avoid the hassle and humiliation of police misconduct and illegal searches. According to the Bureau of Justice Statistics report on citizen-police contacts...
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This is one of those "it depends on the circumstances" questions. Police can obtain consent to search from anyone with control over the property; however any occupant of a residence can refuse consent, even if other occupants agree to a search. Unfortunately, you must be present in order to assert your refusal. The Supreme Court has ruled that...
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No. We teach people that they have rights, and that these rights are secured by the principal documents that guarantee our civil liberties -- the U.S. Constitution and the Bill of Rights. An informed individual who invokes his constitutional protections is doing exactly what our nation's founders intended. They created these documents to...
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This is a tricky issue. The simple answer is that citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind. Once you get passed the surface, however, things get much more complicated...
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No. The Supreme Court has never ruled that police must present the warrant when performing a search. The purpose of the warrant is to...
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Yes. Minors generally have the same rights as adults. For example, minors can refuse searches and decline to answer questions without an attorney present. Nevertheless, minors face unique challenges when attempting to exercise these rights...
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In addition to compromising your safety and the safety of others, driving drunk is one of the stupidest things you can do, and one of the easiest ways to create overwhelming legal problems for yourself. DUI laws vary from state to state, and they have become increasingly harsh over the years...
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Yes. Police can, will, and often do lie; especially if it helps them make arrests. The rules regarding entrapment usually tip in favor of law-enforcement, so police won't hesitate to trick you into incriminating yourself or others...
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Unfortunately, many people get fooled by some version of this commonly used police officer's line: "Everything will be easier if you just cooperate". That's true to some extent -- it will make things much easier for the police officer who's trying to arrest you! -- but when it comes to you consenting to searches and answering incriminating questions, it couldn't be further from the truth...
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Written by Vera Leone, Drug Policy Alliance Network
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Monday, 29 December 2008 00:00 |
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Hamedah Hasan writes, "This experience has taught me that not one choice, action, or lack thereof is without consequence. This includes making laws without a sense of redemption -- that diminish the worth of human lives and attack the very foundation of the family unit."
She would know. In 1991, she was sent to prison with a 27-year jail sentence for a first-time nonviolent drug-related offense. Escaping an abusive relationship, she went to live with cousins who were involved in the drug trade. When they were all arrested she had no information to offer the cops, being only peripherally involved in her cousins' work. Because of her lack of involvement, and because those actually involved all had information with which to barter for lighter sentences, Hassan received far and away the longest sentence -- nearly double that of those directly involved.
Filmmaker and Unitarian Universalist minister Melissa Mummert created an award-winning short documentary with Hassan about her case. I was skeptical when I first heard about the film -- a white lady in grad school telling a Black lady's story -- but in her commentary Ms. Hasan spoke a bit of their process together and the obvious mutual respect between the two, so I am really interested in seeing it.
If you can, take a few minutes and watch a preview on the film's website: www.perversionofjustice.com. After you do, think about ordering the film and organizing a local screening. People like to get together and watch movies anyway, so why not try it? Might even become a local tradition.
Hamedah is, unbelievably, still locked up. Holidays may be hard times for all kinds of folks, but can be especially difficult for those behind bars. You can write to Ms. Hassan at:
Hamedah Hasan #13847-047 FCP Victorville PO Box #5100 Adelanto, CA 92301
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Peace,
Melissa