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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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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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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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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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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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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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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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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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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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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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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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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. 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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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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Written by ACLU - Florida
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Thursday, 16 October 2008 14:06 |
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Take Action To Protect Students And Preserve Free Speech Rights: E-mail Your School Superintendent Now!During the 2008 session, the Florida Legislature passed the Jeffrey Johnston Stand Up for All Students Act, which requires all Florida school districts to adopt a policy that complies with new state law requirements by December 1, 2008. Many school districts are already in the process of crafting and passing their new policies. We need you to urge your school district to adopt an anti-bullying policy that: - Specifically sets forth a list of traits that cannot be the basis for bullying and harassment (a list of protected groups or persons), including "sexual orientation" and "gender identity or expression"; and that
- Respects and does not infringe upon speech and expression protected by the First Amendment of the U.S. Constitution, and is enforced in a manner that allows protected speech and expression.
E-mail your school superintendent now to ask him or her to ensure that your district's anti-bullying policy both protects LGBT students from unlawful conduct, including harassment and intimidation, and preserves - in the way it is written and the way it is enforced - the free speech rights of all students. In passing this new state law, legislators made clear that - in addition to explicitly protecting against sexual, religious or racial harassment - the statute is also intended to prohibit bullying and harassment based on the student's actual or perceived gender identity or sexual orientation, as well as disability, ethnicity, national origin, gender, physical appearance, or other distinguishing characteristics. The Legislature, however, left it to school districts to adopt anti-bullying policies that clearly state the statute's intent in writing. While school districts are not required by the new law to expressly list all the traits that cannot be the basis for bullying and harassment - including "sexual orientation" and "gender identity or expression" - experience has shown that enumerating a list of protected groups or persons is the best way to ensure that teachers, administrators and students understand who the law is intended to protect. It also is necessary to give teachers and staff the backing they need to feel confident about responding to harassment and bullying.
Reliable scientific research shows that the most common forms of bullying and harassment in Florida schools, and schools across the country, are incidences based on actual or perceived sexual orientation, gender identity, and physical appearance. Our LGBT students deserve the opportunity to learn in an environment free of unlawful bullying and harassment. We can do our part to make this happen by encouraging school districts to adopt policies that clearly extend protection to LGBT students so it is clear that the school district policy applies to LGBT students in the same way as students in other categories. At the same time, the ACLU recognizes the need to protect the free speech rights of students. To that end, school district policies should specifically include protection for expressive activity protected by the First Amendment of the U.S. Constitution. In crafting their policies, school districts should avoid defining prohibited conduct in a way that impermissibly infringes on First Amendment rights. Where that may be difficult due to statutory requirements, school districts should apply their anti-bullying policy in a manner that is consistent with the First Amendment. The ACLU of Florida is prepared to protect First Amendment values if a school district prohibits protected speech. School district anti-bullying policies should not regulate a student's off-campus activities, except in school related or sponsored events or on a school bus or at a school bus stop. Please send a message to your superintendent now to make sure your school district's anti-bullying policy achieves both goals: protecting our LGBT students from unlawful conduct while preserving the right to free speech and expression. Our students deserve to be both safe and free. You can be an important part of making that happen.
Please send a message today.
Sincerely, Robert F. Rosenwald, Jr. Director, ACLU of Florida's LGBT Advocacy Project Courtenay Strickland Director of Public Policy
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