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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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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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The sad fact is that most people believe that they are under some kind of obligation to acquiesce when an officer contacts them and asks permission to search them or their belongings. The truth is exactly the opposite...
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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, 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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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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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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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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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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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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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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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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Written by Max Rameau
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Monday, 03 March 2008 09:51 |
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On Thursday, February 28th, a teacher apparently put a student in a choke-hold during school, according to eye witnesses and CBS 4 News ("One student told reporters that the fight started after students staged a protest Friday morning against a teacher at the high school who allegedly placed a student in a choke-hold Thursday.") Then, police enter the classroom and brutalize the student before arresting him in front of classmates and a teacher, according to eye witnesses and the Miami Herald ("The student," she [an unnamed teacher] said, "was handcuffed in front of his classmates and teacher. They felt as though the way the young man was handled wasn't proper; they felt it was too brutal,'' said the teacher, who spoke on the condition of anonymity because she did not have permission to talk with the press.") The mostly black and largely Haitian-American Miami Edison students organized a protest this morning at the school courtyard. According to all accounts, the protest was peaceful, possibly including civil disobedience (Miami Herald: "The incident apparently began as a peaceful protest, according to a teacher inside the school, but got out of hand.” CBS4: "The student said police were called to the school to respond to the protest, and when students objected a scuffle broke out, escalating quickly into an all out fight between students and officers."). Police were called in to break up the protest and when the students refused- exercising their right to protest- School and city of Miami police attacked them and the students defended themselves against attacks by police. While the media is trying very hard to connect this police riot to instances of violence at Miami-Dade schools over the past two days, it is clear that in this case the schools themselves started the fights and inflicted the majority of the violence. CNN.com is calling this a "school fight." There are currently over 70 police cars at Miami Edison and police are arresting large numbers of students. No police or administrators have been arrested for assaulting students. CopWatch and the Power U Center for Social Change are calling on people to support students' right to protest and condemn school police for mistreating students. Please call the Miami-Dade County school board to complain about this police abuse: 305-995-1000.
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What are we doing?
The 4th Amendment Podcast
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