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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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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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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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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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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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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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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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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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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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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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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 teach people that they have rights, and these rights are secured by the principal documents that guarantee our civil liberties -- the Constitution and the Bill of Rights. Our nation's founders, who were keenly aware of the dangers posed by unchecked government power, created these documents to protect individuals from overzealous law enforcement officials.
For example, an informed individual who invokes his constitutional protections whenever a police officer asks to conduct a warrantless search is doing exactly what the founders intended. The catch is that these rights only apply if they are asserted properly and effectively. Otherwise, people may unwittingly waive these rights.
While we don't condone engaging in illegal behavior of any kind, if an individual suspected of some criminal activity asserts his 4th Amendment right to refuse a search or his 5th Amendment right to not speak to police officers who are investigating him, and as a result it's more difficult for the State to secure a conviction, we see that as a victory for every citizen in this country, as it evidences that our individual liberties remain intact. That is precisely why it's so important for people to be educated in the laws that affect them, and to honestly be able to say "I know my rights!", because only when you know your rights can you assert them, can you protect them, can you stand up for them.
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The 4th Amendment Podcast
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