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Just Say No to Warrantless Searches!
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If the police are asking for your permission to search, you are under no obligation to consent. The only reason they are asking is due to the fact that they do not have enough cause to search without your consent. If you do consent you are waiving all of your rights provided to you under the Fourth Amendment. You will give up your right to an unreasonable search and seizure, in your home, your car or on your person. The protection against unreasonable searches and seizures that the Fourth Amendment provides to all citizens, in their homes, cars, and their persons, is an awesome one. Most courts have recognized limited exceptions to warrant requirements for searches. However, the courts do not dispense with the need to have a reasonable belief in the circumstances surrounding a search, i.e., they must be able to articulate "probable cause." The Fourth Amendment is a serious constraint on police conduct. Therefore, it is no small wonder that police prefer to conduct searches with the consent of the suspect. The Supreme Court requires a valid consent to be freely and voluntarily given and without coercion or duress exerted by police officers in obtaining the consent. A majority of avoidable police searches occur because citizens naively waive their Constitutional rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and legal. Consequently, whatever an officer finds during such a search can be used AGAINST YOU! Don't expect an officer to tell you about your right not to consent. Police are not required to inform you of your rights before asking you to consent to a search. On the contrary, police officers are trained to use their authority to get people to consent and most people are predisposed to comply. If, for any reason, you don't want an officer digging through your personal belongings, you can refuse to consent by saying for example, "Officer I know you want to do your job but i do not consent to any searches of my private property."
You should never hesitate to assert your constitutional rights. Just say no! Never waive any of your rights without discussing the matter with an experienced criminal lawyer. |
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| Newsflash |
| Don't ever let the police search your car, your home nor your person without a warrant. If they do so without your permission it can be litigated in court. Once you waive your rights that issue is gone forever. |
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Mon, 05 Jan 2009 21:02
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Mon, 05 Jan 2009 21:02
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Mon, 05 Jan 2009 21:02
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Al Dia Dallas,Texas
Mon, 05 Jan 2009 21:02
NPR Legal Affairs
Mon, 05 Jan 2009 21:02
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| Former Illinois Attorney General Roland Burris has said he intends to go the Capitol Tuesday and begin serving as the state's junior U.S. senator. That looks unlikely, however, because the man who appointed Burris, Illinois Gov. Rod Blagojevich, is facing corruption charges. |
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| The Stories Behind The Statistics |
KRGV TV Rio Grande Valley
Mon, 05 Jan 2009 21:03
Texas Lawyer
Mon, 05 Jan 2009 21:16
| Randy Johnston discusses the State Bar Professional Ethics Committee's recent approval of a fee arrangement that would require a client to pay the client's lawyer's attorneys fees if the plaintiff who originally sued the client later joins the defense lawyer in the same suit. |
| Legal Malpractice: When a Plaintiff Sues a Defense Lawyer |
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| Reversed &Remanded, July 14, 2008 |
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| Reversed &Remanded |
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