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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 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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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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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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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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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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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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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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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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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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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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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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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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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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Written by Micah Daigle, SSDP
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Wednesday, 16 September 2009 00:00 |
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Nobody should ever be denied an education because they have a drug possession conviction. But that's exactly what will continue to happen if an amendment is passed by Congress today or tomorrow. Your help is needed, RIGHT NOW, to keep students in school!
1) MAKE THE CALL: Dial the Capitol Switchboard at (202) 224-3121. Ask for your representative's office if you know his/her name. If you don't, simply give the operator your address. (Please be patient for an answer, as it sometimes takes several rings to get through. If it's too late to call, please call back tomorrow morning.)
2) SPEAK YOUR MIND: When the receptionist in your representative's office answers the phone, politely say: "My name is ________ and I'd like my representative to vote against Representative Souder's Amendment to the Student Aid and Fiscal Responsibility Act, which denies educational opportunities to students with minor drug possession convictions. Blocking access to education causes more drug problems and hurts the economy. Thank you."
3) SPREAD THE WORD: Forward this message to everyone you know! CLICK HERE TO SHARE ON FACEBOOK. Tweet this URL on Twitter: http://ssdp.org/urgent
MORE INFO: Earlier this year, Congressional Democrats did the right thing by adding language to SAFRA (Student Aid and Fiscal Responsibility Act, HR 3221), which would ensure that students with drug possession convictions would no longer be denied financial aid for college (since 1998, more than 200,000 students have been denied aid!). However, the Republican who created the financial aid ban (Rep. Souder) has launched a last minute campaign to keep his law in place! This will be a close vote, so every phone call counts. Your representative needs to hear from you!
TELL YOUR REPRESENTATIVE TO VOTE NO ON THE SOUDER AMENDMENT TO SAFRA!! http://ssdp.org/urgent
Together, we can get rid of this bad law once and for all!
Micah Daigle, Executive Director Students for Sensible Drug Policy
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