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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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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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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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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 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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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. 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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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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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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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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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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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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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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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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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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Written by ACLU
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Tuesday, 21 April 2009 00:00 |
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When Savana Redding was just 13 years old, she was strip-searched by school officials for allegedly possessing prescription-strength ibuprofen. This traumatizing search was based solely on the false and uncorroborated accusation of a classmate who was caught with similar pills. Overzealous school officials violated Savana's rights and called into question basic constitutional protections for all students in schools across America. This morning, the Supreme Court heard arguments from ACLU attorney Adam Wolf in this powerful case.
Savana and her mother, April, recorded a short video with Graham Boyd, an attorney here at the ACLU who is working with them. I think you'll find it moving to meet a real hero who's taken her case to the Supreme Court.
Please watch this powerful video, and send a message of support to Savana and her mother.
It offends both common sense and the Constitution to undertake such an excessive, humiliating search based on nothing more than an uncorroborated accusation.
We hope the Supreme Court will recognize that such violations have no place in America's schools and will act to protect the privacy of all children.
Savana Redding and her mother have endured a lot in the past six years to bring their case this far -- they deserve our respect and our thanks. Please take a minute to write a message of support. It will be included with messages from ACLU supporters all across the country and presented to Savana and her mother in the weeks ahead.
Without people like Savana and April willing to walk into court to defend their rights, much of the ACLU's work would not be possible. We owe them more than our admiration. We owe them a debt of gratitude.
I hope you'll listen to their story and share your message today.
Thank you for supporting this fight. Sincerely,
  Anthony D. Romero Executive Director ACLU
P.S. -- Be sure to check out Smoove D's discussion of the Savana Redding incident in "Don't Consent To The Search: The Fourth Amendment Podcast"!
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