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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
No. The Fourth Amendment guarantees the right of people to be free from unreasonable searches and violations of privacy. The Fourth Amendment states, "The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." To determine what might be unreasonable, a "legitimate expectation of privacy" must be established. Read more...
Possibly. If a judge decides the evidence was gathered improperly, it may not be allowed into evidence. However, the district attorney or prosecutor may still be able to prosecute the case even without the evidence. Read more...
An officer who detains an individual without just cause, depriving an individual of his or her freedom without sufficient reason or authority, can potentially be sued along with the police department. Read more...
At the arraignment, your friend will appear before a judge who will tell him, officially, of the charges. At the arraignment, bail will be set, or possibly reduced if previously established. Your friend may be released on his own recognizance. If he's in need of an attorney and meets the guidelines for court appointed representation, a public defender will be assigned. If the charge is a misdemeanor, some courts allow a plea to be entered at this time.
At a preliminary hearing, the district attorney must establish for the judge that there are reasonable grounds (evidence) to proceed with the charges and bring your friend to trial.
No. Charges were not filed and you were not booked. However, if, at a later date, the police determine that there is cause to file charges, you could still be arrested. Read more...
A warrant is usually required when you're taken into custody at your home, but not necessary elsewhere. If there is concern that you might flee, destroy evidence or harm someone else, you can be arrested at home even without a warrant. Read more...
If you've been arrested, you need only say, " I want to speak with an attorney" or " I have nothing to say now." You don't have to say anything after that. Read more...
Yes, you're generally allowed to complete calls. While the number of calls allowed may vary from place to place, the average number is three. Read more...
After being booked, you'll be able to make local phone calls (generally up to three). "Booking" includes your arrest being written into official police records, fingerprinting and being photographed. Read more...
"Arrested" means you have been taken into custody and can't leave. You can be "detained" for a short period of time if a police officer or other person believes you may be involved in a crime. Read more...
