-
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...
-
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...
-
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...
-
No. The Supreme Court has never ruled that police must present the warrant when performing a search. The purpose of the warrant is to...
-
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...
-
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...
-
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...
-
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...
-
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...
-
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...
-
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...
-
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.
-
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...
-
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...
-
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...
|
Polls Say Facebook Is Evidentiary Gold Mine |
|
|
|
|
Written by Molly McDonough, ABA Journal
|
|
Thursday, 11 June 2009 00:00 |
|
"Facebook and other social networking sites may be the cat's meow when Internet users are trying to connect with family and friends. But when it comes time to disconnect, things can get ugly.
So reports Time magazine, which notes that lawyers "love these sites, which can be evidentiary gold mines."
"It's now just routine for us to go over with clients whether they have an active presence on the Web and if they Twitter or have a MySpace page," lawyer Joseph Cordell, whose firm Cordell & Cordell handles family law cases in 10 states, told Time.
Cordell told the magazine that he advises his mostly male clients to scour their social media pages, and pages belonging to girlfriends, for anything that can be used by the opposition's legal team.
The article notes some smoking-gun items that Cordell's firm has discovered while mining these sites:
- In a custody case in which a mom assured the court she wasn't drinking, but her MySpace page included dated photos of her drinking.
- A case in which a mom listed herself on a dating site as single with no children.
Share this with the world: 
|
|
What are we doing?
The 4th Amendment Podcast
|
|
Comments