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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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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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College students suffer from an unfortunate lack of privacy rights in many situations. The university owns the dorm, so school officials can often search rooms at their own discretion. College students still have 4th Amendment rights that apply in other situations...
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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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During a legitimate traffic stop, police may order the driver and any passengers out of the vehicle. This rule is intended to protect officers' safety, but it's often used for investigatory purposes...
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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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Unfortunately, police may sometimes search you even if you refuse consent. If they find anything illegal, you'll have to get a lawyer and fight it out in court, but that doesn't necessarily mean that the search will hold up...
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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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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. If a police officer asks your permission to search, you are under no obligation to consent. The main reason why officers ask is because they don't have enough evidence to search without your consent. Don't expect an officer to tell you of your right not to consent. Any time you consent to a search request you are naively waiving your constitutional rights.
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Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver's conduct and are generally free to leave, unless police become suspicious of them during the course of the stop...
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Videotaping or photographing police in public places is usually legal, so long as you don't interfere with their activities. Nonetheless, doing so will often get you arrested...
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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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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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As a general rule, searches conducted without a valid search warrant signed by a judge violate the Fourth Amendment, but like most rules of law, there are a number of explicit exceptions. In fact, most searches occur without warrants because police take advantage of these exceptions to the Fourth Amendment...
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Written by Jeani Murray, ACLU
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Friday, 01 May 2009 00:00 |
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Attorney General Eric Holder heard the voices of more than a quarter million Americans who called on him to appoint a special prosecutor to investigate torture and detainee abuse.
ACLU activists and members of the Stop Torture Now coalition delivered more than 250,000 petition signatures to the Attorney General during a Justice Department budget hearing on Capitol Hill. The pressure from concerned citizens like you on members of Congress made sure Holder was asked tough questions about the recently released torture memos and his plan to seek accountability.
Appropriations Committee Chair, Rep. David Obey (D-Wisc.), opened the hearing stating that the recently-released memos definitely described torture. The ACLU staff present at the hearing knew right then and there that all our hard work to deliver the petitions had paid off. As the hearing continued, member after member sought the Attorney General's view on the issue of prosecutions and asked for his thoughts on what actions to take.
At one point, Holder said, "It is my responsibility as the Attorney General to enforce the law. If I see wrongdoing, I will pursue it to the full extent of the law."
That's encouraging news -- especially since Holder said unequivocally that waterboarding was torture during his confirmation hearing. But we all know the political realities of getting there.
 Christopher Anders, Senior Legislative Counsel for the ACLU’s Washington Legislative Office (left), hands the petitions to Assistant Attorney General Lee Lofthus.
There's still a lot of work to be done to hold accountable those who authorized and implemented Bush's illegal torture program. You can be sure the ACLU will continue to keep you informed on the next steps and how you can continue to take action.
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