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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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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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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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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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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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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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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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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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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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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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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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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. 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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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...
KnowledgeBase
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Know My Rights is about to drop some knowledge on you! These are things everyone should know -- frequently asked questions (and their answers), case law (and why it should be important to you), stats about police contacts with the public that should make each and every one of us certain that we know our rights, and of course "Don't Consent To The Search", the 4th Amendment Podcast from Dave Clark (a/k/a 'Smoove D')! |
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Don't Consent To The Search
( 16 Articles )
The 4th Amendment podcast is for lawyers and citizens alike. Get up, stand up! Stand up for your rights! Join 'Smoove D' as he explains, in a loving way, how the Constitution is under attack, and how you can fight back.
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Statistics
( 4 Articles )
Police Stop Statistics: Please browse the following topics to find some troubling facts about the U.S. criminal justice system, and the growing disparity in its treatment of minorities.
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Case Law
( 5 Articles )
Case law involving the 4th Amendment and how it applies to you.
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Publications
( 9 Articles )
Policy analyses and position papers discussing our civil liberties, actions that threaten them, and solutions to ensure their continued protection.
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FAQ
( 2 Articles )
Frequently Asked Questions about how to handle yourself during encounters with police.
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The 4th Amendment Podcast
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