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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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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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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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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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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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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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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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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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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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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. 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 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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Citizen's Guide: Small Claims Court - How To Bring An Action In Small Claims Court |
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Written by Joan E. Lisante
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Page 3 of 7
Step 1: Try To Settle
Your demand letter should include:
- a summary of the facts;
- what you see as the damages; and
- a clear request that the other party pay up by a certain date.
Be sure to include your contact information (phone/fax numbers, e-mail, etc.).
If you reach an agreement, write down terms of settlement. In exchange for paying you the money, the other party may ask you to sign a "release", giving up further claims against him.
If all this is too overwhelming, seek the help of a mediator or arbitrator. Many cases sent from the courtroom to a mediator do get resolved. You can usually find a mediator through the clerk's office of your local court, and some jurisdictions mandate mediation as part of their own procedural process.
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What are we doing?
The 4th Amendment Podcast
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