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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. 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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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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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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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. 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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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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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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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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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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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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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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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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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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Written by ACLU - Florida
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Thursday, 17 July 2008 16:14 |
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In the coming months you will hear more from us on these proposed constitutional amendments and how you can help defeat them. Today we are taking a brief look at proposed Constitutional Amendment #2. The time for you to act is now! 
This amendment, on which Governor Charlie Crist has been quoted saying “It’s not an issue that moves me … I am more of a live and let live kind of guy,” is one of utmost importance to all Floridians, whether straight or gay. In July, you have an exclusive opportunity to get directly involved with the ACLU’s work to protect the rights of all Floridians. We will be touring the state to provide speaker training on proposed Amendment 2, the so-called “marriage protection” amendment. This far-reaching proposed amendment puts government where it does not belong -- in the role of regulating the personal relationships of adults. It would also change Florida’s constitution, an action that should not be taken lightly and should be reserved only for improving governmental policies, something this amendment does not do. The proposed amendment, dubbed the “marriage protection amendment” by its supporters, goes beyond the existing ban on gay marriage in Florida and threatens existing basic rights of unmarried heterosexual domestic partner couples, including seniors. Among the key rights that will be vulnerable are: 1. Employee healthcare plans offered by public employers to domestic partners; and 2. The authority of one domestic partner to make medical decisions for the other in the event of an emergency. According to census figures, 89% of all registered domestic partners in Florida are heterosexual couples. Firefighters, teachers, librarians, bus drivers and other government employees will lose their right to health care for their domestic partners -- these are your neighbors and family members. Many organizations and citizens’ rights groups have united to oppose this amendment, and we need your help to spread the word in your community about the harmful effects (including the unintended consequences) this amendment would have, if passed. Join us in July to learn more about the harmful effects of the proposed amendment and become an official ACLU speaker in our “Vote No on 2” campaign. Register for the training or to volunteer for the campaign by choosing the appropriate contact below, or by filling out our form online today. Here is a list of the dates and cities we will be visiting; we hope you can join us! (Dates and locations are subject to change; please
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for more information.) - Tampa - Saturday, July 19th from 1-4 PM at Tampa Metropolitan Community Church (MCC), 408 East Cayuga Street, Tampa, FL 33603. (It is in the neighborhood of Seminole Heights). Please RSVP to MJ Williamson at
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.
- Orlando - Sunday, July 20th from 2-4 PM at Orlando Public Library, Main Library Branch, downtown, Albertson Room, 3rd floor, 101 East Central Blvd., Orlando, FL 32801. Please RSVP to Matt DeVlieger at
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.
- Daytona - Tuesday, July 22nd from 7-9 PM at Unitarian Universalist Society, 56 North Halifax Drive, Ormond Beach, FL. Please RSVP to George Griffin at
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.
- Jacksonville - Saturday, July 26th from 10-12 PM at Christ Church of Peace, 1240 McDuff Ave South, Jacksonville, FL. Please RSVP to Ken Hurley at
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.
- South Florida - Tuesday, July 29th from 7-9 PM at City Hall/Commission Chambers of Wilton Manors, 524 NE 21st Court, Wilton manors, FL 33305. Please RSVP to Kileen Marshall at
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.
Register today for the city nearest you, or write us at
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for more information if you cannot attend. In addition, the Fairness for All Families coalition, of which the ACLU is a member, will be conducting ACLU speaker training in the following cities. For more information and to RSVP, contact Tobias Packer at (305) 924-1899 or
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. - Naples - July 19th from 2-4PM at Unitarian Universalist Congregation of Greater Naples, 6340 Napa Woods Way, Naples, FL.
- Pensacola - July 21st from 5:30-7:30 PM at the Downtown Branch of the West Florida Regional Library, 200 W. Gregory Street, Pensacola, FL.
- Panama City - July 20th from 1-3 PM at Gulf Coast Medical Center Training Classroom (located in the HR building behind the hospital), 449 W 23rd street, Panama City, FL.
Thank you for your continued support, and we hope to see you at one of the trainings! Pd. Pol. Adv. sponsored and paid for by the Committee to Protect Employee Health Benefits 4500 Biscayne Blvd., Suite 340, Miami, FL 33137
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