Tag Archives: miranda

Illegal searches - Search warrants

November 11, 2008

The Fourth Amendment is your Constitutional protection against illegal searches by the police.  It is based on the principle that you have a right to privacy and before the government (the police) can search, they must have legal justification.  You are not absolutely protected against all searches by the police.  The Fourth Amendment protects against [...]

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Interacting with the police

November 2, 2008

Another recent post sparked a comment and question from a visitor to my site.  He asked, “What orders of action can I refuse and what orders of actions am I required to perform?”  I get asked this question in various forms all the time.
The answer depends on what your legal status is at that time.  [...]

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If you have been accused of a crime…

October 27, 2008

It could be anything from a misdemeanor to a felony - petty theft to homicide or anything in between.  Someone has accused you of a crime.  Whether or not the police were contacted at that time, the possibility of being charged with a crime exists.  What do you do?
My suggestion to you is this:  Don’t [...]

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DUI and Miranda rights

October 22, 2008

As I wrote in another post, the Miranda rights are important Constitutional rights that must be given to you before any custodial police interrogation.  “Interrogation” is any direct questioning by officers about your involvement in suspected criminal activity.  Its whole purpose is to get incriminating statements from you.
But in virtually every DUI arrest, the officers [...]

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“You have the right to remain silent . . .”

October 7, 2008

Often, people will complain to me that the police never read them their rights when they were arrested. Despite what’s shown on TV and in the movies, the police do not have to read someone their rights the second they’re arrested.  The Miranda rights (”You have the right to remain silent”, etc.) are only required [...]

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