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Just Say No to Warrantless Searches!   PDF  Print  E-mail 

 dallas criminal lawyer          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 Amendmentdallas criminal lawyer 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!

dallas criminal lawyer          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.


Newsflash

All might be free if they valued freedom, and defended it as they should. Samuel Adams


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Sun, 05 Feb 2012 04:10
The Weather Channel: Local Weather Outlook
Mostly Cloudy, and 43 ° F. For more details?
Current Weather Conditions In Dallas, TX (75201)
BBC: World News
Sun, 05 Feb 2012 04:10
BBC News - World
Western nations deplore the vetoing by Russia and China of a UN resolution condemning the crackdown in Syria, as dozens are killed in Homs.
West deplores UN Syria vote veto
Front-runner Mitt Romney looks set to convincingly win the Republican caucuses in Nevada, as he seeks to win his party's presidential nomination.
Mitt Romney wins Nevada caucuses
Dallas Morning News
Sun, 05 Feb 2012 04:10
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The Dallas Morning News RSS Feeds - Updated
AP Headlines
Sun, 05 Feb 2012 04:10
LAS VEGAS (AP) -- Republican presidential front-runner Mitt Romney cruised to a decisive victory in the Nevada caucuses Saturday night, notching a second straight triumph over a field of rivals suddenly struggling to keep pace....
Romney rolls to easy win in Nevada GOP caucuses
BEIRUT (AP) -- A Syrian state-run newspaper has welcomed the Russian and Chinese veto of a U.N. Security Council resolution aimed at stopping Damascus' crackdown on the country's uprising....
Syrian newspaper welcomes UN veto
KANDAHAR, Afghanistan (AP) -- A car bomb exploded just outside the police headquarters of a southern Afghanistan city on Sunday, killing at least seven people, officials said....
Car bomb kills 7 people in southern Afghan city
Al Dia Dallas,Texas
Sun, 05 Feb 2012 04:11
NPR Legal Affairs
Sun, 05 Feb 2012 04:11
Law
Pfc. Bradley Manning, 24, will stand trial for allegedly giving more than 700,000 secret U.S. documents and classified combat video to the anti-secrecy website WikiLeaks for publication. Manning, a low-ranking intelligence analyst, is charged in the biggest leak of classified data in U.S. history.
Army To Try Bradley Manning In WikiLeaks Data Case
A second teacher has been removed from Miramonte Elementary School in Los Angeles as part of an investigation into lewd photos. One teacher has already been charged with lewd conduct with 23 students.
Fallout Continues In L.A. School's Lewd Photo Scandal
KRGV TV Rio Grande Valley
Sun, 05 Feb 2012 04:11
Texas Lawyer
Sun, 05 Feb 2012 04:10
A trial lawyer objecting to the admission of harmful evidence must have a thorough understanding of motions in limine, objections and limiting instructions to avoid a waiver of the right to complain about the admission on appeal, says Quenting Brogdon.
Podcast: Objecting to the Admission of Harmful Evidence
Paul C. Watler says a ruling by a federal judge in Austin extends the controversial 5-4 decision by the U.S. Supreme Court in Citizens United v. Federal Election Commission that corporations have a First Amendment right to engage in free speech in support of political candidates and causes.
Podcast: Citizens United, Texas Bingo and the First Amendment
Gary A. Udashen outlines the five categories of crimes that can render a noncitizen deportable.
Podcast: Deportation and Criminal Convictions


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