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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Written by Debra Cassens Weiss, ABA Journal
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Friday, 27 March 2009 00:00 |
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After reviewing DVDs of exotic dancers, an administrative law judge has determined that pole dancing is "no small feat"--and it's also art qualifying for a tax exemption.
The judge, Catherine Bennett, ruled the Albany-area club Nite Moves was entitled to a "dramatic arts" tax exemption and did not have to pay $129,000 in sales taxes, the New York Law Journal reports. The state of New York had contended it was owed taxes on cover charges and dancer fees paid between 2002 and 2005.
Bennett ruled after hearing from a University of Maryland dance scholar and watching videos of dance routines at the club, the story said.
"The videos depicted dance routines that incorporated acrobatic pole maneuvers, splits and other patterned repetitions," Bennett said. "The pole maneuvers in particular are no small feat to accomplish, and attempting such a performance without the skill and a planned routine of steps could prove dangerous."
"The fact someone may believe that this entertainment is not appropriate for any audience is not the issue," she said.
Nite Moves' lawyer, Andrew McCullough, is a Mormon and a board member of the Utah chapter of the American Civil Liberties Union. He told the New York Law Journal he sees similarities between objections to strip clubs and new Mormon temples.
"They say, 'It's lights, it's traffic, it's noise,' " he said. "But what they really mean is, 'We don't like your kind.'"
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Comments
It is good to see that an artform can get the appropriate tax recognition/benefits.
I am not a tax expert, but this sounds pretty good to me. I do enjoy pole dancers.