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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Written by Scott Morgan, FYR
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Monday, 16 March 2009 00:00 |
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Former Seattle Police Chief and LEAP member Norm Stamper has a great new blog article at Huffington Post discussing police brutality. Chief Stamper is a gentleman and an outspoken advocate for criminal justice reform (he's on the Board of Advisors for Flex Your Rights), but there was a time when he was a tough-guy cop who didn't always play by the rules:
So, why did I abuse the very people I'd been hired to serve?
Not to get too psychological, I did it because the power of my position went straight to my head; because other cops I'd come to admire did it; and because I thought I could get away with it. Which I did--until a principled prosecutor slapped me upside the head and demanded to know whether the U.S. Constitution meant anything to me.
It comes down to this: real cops, those with a conscience, those who honor the law, must step up and take control of the cop culture.
It's an important point. Bad examples from other officers, bad incentives from the department and, of course, the constant pressure of the job itself all contribute to police misconduct. There's nothing surprising about any of that. What I have a difficult time understanding is the tendency of police officers who obey the law to look the other way when their colleagues do not.
The answer might not be any more complicated than the fact that police literally depend on one another for survival. Not unlike the criminals they pursue, police adhere to a strict code of silence and those who break the code are left wondering if back-up will arrive the next time they put in a distress call.
Nevertheless, the very notion of police covering for one another's misdeeds shocks the conscience and perverts the role of law-enforcement in a free society. Sure, I get it that police have to watch each other's backs, but something is seriously wrong in police culture if officers who expose crimes within the department are treated with contempt by their peers. Police misconduct erodes public trust and serves to undermine the public safety function of law-enforcement on every conceivable level. It's deeply appalling that a climate of hostility could exist within law-enforcement towards those who expose misconduct rather than those who engage in it.
As Chief Stamper argues, it is up to police officers who are serious about protecting the public to step forward and confront those whose actions undermine the profession. If you can drag bad guys off the street every single day, there's no reason on earth you can't take down crooked cops who break the law right in front of your face.
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