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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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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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No. The courts have made it clear that police officers do not have to tell people that they can refuse to consent to a warrantless search. Also, contrary to the belief perpetuated by popular police television shows, a person will not be read their rights subsequent to being taken into custody. A person only needs to be Mirandized when...
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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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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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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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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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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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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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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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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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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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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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Written by Will Bunch, Philadelphia Daily News
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Tuesday, 17 June 2008 20:11 |
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Philly Cops Bust Activists... For What?
When Mayor Nutter announced late last year that he was hiring D.C. Charles Ramsey as his police commissioner, I said I would keep an open mind but I was dismayed at his treatment of anti-war protesters and his frequent clashes there over civil rights. So far, I've been mostly impressed with Ramsey -- murders have dropped slightly while he's taken a tough line on police brutality. That said, I find the detainment of four community activists in the Francisville neighborhood to be more than a little alarming. The only thing that's clear from what's come out so far is that the four oppose police surveillance cameras. What's not clear is what laws they allegedly violated -- they ultimately were not charged with anything: Four young residents of a North Philadelphia house who circulated petitions questioning police-surveillance cameras were rousted from their home Friday and detained 12 hours without charges while police searched their house. Daniel Moffat, 28, a co-owner of the house, said police had no warrant when they entered. The house was examined by officials from several government agencies and then shuttered by the city's Department of Licenses and Inspections. "This leaves me homeless, without access to things I need. My whole life is disrupted," Moffat said yesterday. The raid on the property on Ridge Avenue near Parrish Street was led by 9th District Police Capt. Dennis Wilson, who was quoted in an online story by the City Paper as saying of the residents: "They're a hate group. We're trying to drum up charges against them, but unfortunately we'll probably have to let them go." My friend Dave Davies -- who worked hard to make sense of this complicated story -- reached Wilson, who didn't comment. Hopefully, if Commissioner Ramsey and Mayor Nutter are as serious about civil rights as they claim to be, they'll ask Internal Affairs to investigate what looks like, based on everything that's come out so far, an alarming abuse of power by the police -- the kind of thing you might expect to see, to use a popular phrase, in a Stalinist regime. In fact, I happen to disagree with these activists; I think that police cameras -- when placed in public locations and aimed at public property -- are a legitimate way to help the undermanned cops patrol the city. But it's also a valid public issue, and those who feel the cameras are an invasion of privacy certainly have a right to express their opinion. Or, in a free society, they're supposed to. This search and detainment is outrageous. Ramsey needs to set the tone. When he was commissioner in Washington, that city paid out at least $14 million in scores of civil rights lawsuits, money that should have been spent fighting thugs on the street. It's a matter of life and death that history doesn't repeat itself in Philadelphia. This blog entry from Philadelphia Daily News, Senior Editor, Will Bunch, tracks back to THIS NEWS ARTICLE. And for a VERY interesting account of government corruption in Russia, check out LIFE IN PUTIN'S RUSSIA, an article written by Julia Latynina, a Russian journalist, novelist, and radio host, published in the Washington Post. This article was translated from the Russian by Outlook assistant editor Zofia Smardz.
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