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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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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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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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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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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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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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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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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. 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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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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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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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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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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Citizen's Guide: Small Claims Court - How To Collect Your Small Claims Judgment |
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Written by Joan E. Lisante
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Page 6 of 7
Step 4: Collecting Your Judgment
If you win the case, you're the "judgment creditor". The party that owes you money is the "judgment debtor" and has 30 days to pay.
If he doesn't, you take on the dual role of judgment creditor and collections agent. The Clerk of the Court can help you file a "judgment debtor exam" form to discover defendant's property out of which your judgment could be paid. These questions are often filed by mail, but a personal exam (for which the defendant appears and is sworn in) is also available.
My defendant is king of the deadbeats. Any suggestions?
If you've discovered all you can about the defendant's assets but can't convince him to part with any, the law has more drastic remedies up its sleeve:
- Garnishment. If the deadbeat has a job, or a checking or savings account, you can "garnish" assets from any of these. Garnishment allows a creditor to claim money owed and set up a payment plan. For instance, a portion of the debtor's weekly paycheck could be earmarked by his employer to be paid directly to the debtor. Things which can't be garnished include unemployment checks, social security payments, workman's compensation, and welfare benefits.
- Liens. If the judgment debtor owns any real property, you can file a lien on it through the Court Clerk's office, with a copy to the County Treasurer's office. When the property is sold, you recover the amount owed. Liens need to be renewed every five years.
- Writ of Execution. This is a more drastic remedy whereby a judgment creditor can seize the judgment debtor's property, get it appraised, and sell it to satisfy the judgment. If you're planning to have the deadbeat's yacht sold at auction, you'll pay incidental expenses incurred to get to that point, but can normally recover expenses.
Collecting from a reluctant defendant can be long and tricky, notes attorney Ed Snyder, and you may want to consult an attorney when your need for help surpasses the court's resources.
If all goes well, you'll end up with a new silk blouse and the satisfaction of knowing that the system worked for you. Next case!
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The 4th Amendment Podcast
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