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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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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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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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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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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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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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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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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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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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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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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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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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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. 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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Citizen's Guide: Small Claims Court - Small Claims Trial Q&A |
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Written by Joan E. Lisante
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Page 5 of 7
Step 3: Your Day In Court
As every Boy Scout knows, "BE PREPARED":
- Organize the main points you want to make at trial.
- Read what you wrote in your complaint, and be able to explain it.
- Be clear on damages that you're seeking, and why the defendant owes you that amount.
- Organize your documents (receipts, cancelled checks, record of telephone calls, etc.) so you won't fumble when retrieving them to back up a point.
- Line up witnesses with direct knowledge of the facts or "expert" witnesses (a mechanic, for example), and have a pretty good idea of what they'll say beforehand.
- If you need help persuading a witness to appear, have the clerk's office prepare a subpoena for him/her.
What can I expect when I get to court?
Check in with the clerk's office. When your case is called, the bailiff will swear you in. The plaintiff (that's you!) presents his/her case first, after which the defendant or the judge can ask questions about what you've said.
Advice from Toledo, OH attorney Ed Snyder: "Be as brief as possible. If you can't tell your story in under two minutes, you're in trouble."
Snyder points out that many people feel that "If the judge hears my story, justice will follow". They don't realize that this judge may have heard a similar story 100 times.
When testimony is finished, you normally won't get an instant decision. The judge will issue a written decision, which the clerk's office will mail to you.
A decision in your favor is called a "judgment". If the other side doesn't appear in court (despite having notice of the case), the judge may award you a "default judgment" -- one awarded to the party present when the other doesn't show.
Any advice from the bench?
Judge Williams G. Kroncke, who hears cases in the small claims division of Sylvania, OH, Municipal Court, stresses the importance of being organized.
"Any paperwork or documents you want the Court to look at," said Judge Kroncke, "should be organized in sequential order. And bring a copy for the other party."
Judge Kroncke stresses courtroom basics:
- Direct your remarks to the Judge, not the other party.
- Speak clearly and loudly enough to be heard.
- Maintain eye contact with the Judge.
- Use your exhibits wisely.
"If you offer a video presentation, make sure it's five minutes or less, and notify the clerk ahead of time," said Judge Kroncke. "No time for Titanic-length films."
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What are we doing?
The 4th Amendment Podcast
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