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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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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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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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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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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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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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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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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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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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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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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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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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President Obama has made an important move to protect reproductive freedom. Let's back him up.
In the waning days of his presidency, George W. Bush moved to undermine the ability of American women to get basic reproductive health services, including birth control and information about abortion. As a result, more than 45,000 ACLU members voiced their opposition.
President Obama has issued a proposal to rescind Bush's Heath Care Denial Rule. The 30-day public comment period on the Obama proposal ends on April 9. Now, the ACLU needs your help again to mobilize people all across the nation for a dramatic show of support.
The Obama administration has started the ball rolling. Now, it's up to us to do our part in ending this totally unnecessary and dangerous rule.
For years, federal law has carefully balanced protections for individual religious liberty and patients' access to reproductive health care. But the Bush regulations take patients' health needs -- and patients' rights -- totally out of the equation. The ACLU stood up for patients' rights and brought a federal lawsuit on behalf of the National Family Planning & Reproductive Health Association. Recognizing the dangers posed by this rule, eight state governments also filed suit.
When the Bush administration first proposed this rule, the Department of Health and Human Services received more than 200,000 comments. The overwhelming majority opposed the rule. Now we need to speak just as loudly and clearly to end this rule.
At a time when more and more Americans are either uninsured or struggling with the soaring costs of health care, the federal government should be expanding access to important health services, not interfering in programs that have successfully provided services for years.
Take part in an immediate, bold display of support for rescinding the Health Care Denial Rule.
Thank you for all you are doing to make this a year of progress to renew American freedom. Act now on this very important request.
Sincerely,
 Louise Melling, Director ACLU Reproductive Freedom Project
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What are we doing?
The 4th Amendment Podcast
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