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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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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. 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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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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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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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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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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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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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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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. 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. 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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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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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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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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