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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. 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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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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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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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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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. 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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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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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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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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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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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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Your Identity In Crisis: Skimming, Phishing, Dumpster Diving - Skimming & Phishing |
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Page 2 of 3
Skimming
Skimming is the theft of credit card information used in an otherwise legitimate transaction. There are a number of different skimming techniques, but each involve a small, electronic storage device that traps information from the magnetic strip on a consumer's credit card when it is swiped during a transaction. These devices have been found to be used by restaurant staff and even attached to gas pumps and ATM's. Some are now Bluetooth compatible, meaning the fraudster can simply drive by and download the information once the device is in place. There are a variety of ways that consumers can minimize the threat of skimming. When dining out and cash is not readily available, try to use a major credit card to pay for the transaction. If you use a credit/debit card that's tied to your bank account, try to always use the "credit" option and avoid using your pin. Most credit issuing companies offer protection against fraudulent charges but those charges aren't always covered when using the PIN feature on your debit card. When using an ATM or paying for gas at the pump, examine the card reader thoroughly. If it appears loose or your card doesn't seem to slide smoothly, immediately notify the bank or gas station manager.
Phishing
Phishing is a term used when scammers falsify their identity, normally by stating they represent a legitimate corporation or governmental agency. They try to entice the consumer into revealing their personal information such as bank account numbers, Social Security numbers, passwords, or other sensitive data. Phishing attacks can happen through the internet, email, regular mail, or your telephone. A new twist on a phishing scam has been reported where the victim has a phony parking ticket placed on their car while shopping. The ticket directs the person to a so-called "official" website that claims to have photos of the violation. Visiting the website can cause malware (malicious software) or a computer virus to be downloaded on to your computer. This software/virus may even allow the user's keystrokes to be captured, potentially giving the fraudster access to online passwords, account numbers, and any other sensitive data. Help put a stop to this... If you do get a phishing email, forward it to "
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", as well as to the company, bank, or organization being impersonated.
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The 4th Amendment Podcast
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