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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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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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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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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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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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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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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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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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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. 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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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. 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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Written by Daytona Beach News Journal
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Sunday, 29 June 2008 12:15 |
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Too many cases, too little money to defend all accused When Florida lawmakers slashed the budget for the state court system, they should have known they were shortchanging justice. But they probably didn't expect the damage to show quite so dramatically. In Miami-Dade County, Public Defender Bennett Brummer says he plans to stop representing anyone who isn't charged with a serious felony, such as rape or murder. Other defendants will have to rely on court-appointed attorneys or hire their own. The action is likely to throw the justice system into a turmoil, especially since other public defenders around the state are considering similar moves, says Rick Parker, public defender for the 8th Judicial Circuit and president of the Florida Public Defender Association. Fortunately for the local justice system, officials in the 7th Judicial Circuit (which includes Volusia and Flagler counties) are working out a response that could actually make the justice system run more smoothly -- assuming all parties act in good faith. Public Defender Jim Purdy says he plans to stop assigning attorneys to defendants charged with low-grade misdemeanors, including trespassing, passing worthless checks, driving with a suspended license and possession of small amounts of marijuana or drug paraphenalia. If defendants don't face jail time, they aren't entitled to a state-funded attorney, Purdy says. But Purdy isn't simply abandoning those clients. Both he and State Attorney John Tanner acknowledge that these relatively minor charges can seem hugely significant to people who have never been charged with a crime before. But the justice system deals with cases like this all the time -- so frequently that standard plea bargains are often offered to people who are represented by attorneys. Purdy, Tanner and judicial officials are working on an agreement that would extend the same offer to everyone facing those charges -- in effect, creating a quasi-civil system for minor offenses, similar to the citation system established for most traffic offenses. (Tanner says his office has been acknowledging for years that some minor crimes just don't merit a full prosecution -- his attorneys routinely drop charges like drunk and disorderly conduct for first-time offenders, deeming a night in jail enough punishment.) Under the system being developed, people who aren't willing to plead guilty to the crime they're charged with could request a trial -- but they'd have to represent themselves, just as they would with a traffic citation. In Pinellas County, such a system has worked so well that officials there have extended it to all misdemeanors except repeat DUIs and domestic-violence cases -- something both Tanner and Purdy say they're amenable to. Doing away with incarceration for minor offenses has shown multiple benefits, including a drastic reduction in the number of people serving short jail sentences and less need for public defenders, state attorneys, judges and their support staff to spend time laboriously wading through minor charges in court. Lawmakers who want to look tough on crime -- no matter what the cost -- may not appreciate the move toward leniency for minor offenses. But they created this situation, by slashing funding for court functions at a time when caseloads are increasing significantly. Statewide, public defenders lost $21 million, and expect to lose an additional 4 percent this year through funding "hold backs" ordered recently by Gov. Charlie Crist. State attorneys are feeling a similar pinch. In Miami-Dade County, Brummer's drastic move could end up costing the state even more money, since many defendants will need private, state-appointed attorneys. The solution under consideration by Purdy and Tanner is far more reasonable and deserves support from the court system. Rising caseloads
As budgets are cut, the justice system struggles to cope with a growing number of criminal cases. In the statistics below, the first number is for people charged with crimes July 2006-June 2007; the second (for comparison) the same for July 1996-June 1997; and then the percentage of increase.
Statewide:
· County Criminal: 523,274; 503,395 (4 percent) · Criminal traffic (and DUI):* 604,054; 519,846 (16.2 percent) · Circuit Criminal (felony): 230,417; 184,674 (24.8 percent)
Volusia County:
· County Criminal: 26,015; 23,906 (8.8 percent) · Criminal traffic, including DUI:* 17,445; 14,840 (17.6 percent) · Circuit Criminal (felony): 6,457; 4,777 (35.2 percent)
Flagler County:
· County Criminal: 1,542; 1,401 (10.1 percent) · Criminal traffic, including DUI:* 1,622; 806 (101.2 percent) · Circuit Criminal (felony): 698; 382 (82.7 percent) *This statistic represents number of cases, not number of defendants. Source: State Court Administrator Web site
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