The Fourth Amendment protects our homes against unreasonable searches. So, in summary, your rights stand unless an officer has a warrant based on probable cause. But what happens if an officer enters your home without one?
"Snitches gets stitches." It's principle number one of the renowned law of honor among thieves. Back in 2010, Mark Burns said that a can fell from a high shelf and cut his face while working in the New York prion's commissary.
Probation and parole both start with the letter "p," but there are more similarities still.One in 31 U.S. adults are behind bars, or on parole or probation. A judge might decide that probation is a good starting option for you. Or, a parole board might see it fit to grant you parole. For someone convicted of a crime, good behavior could be their ticket to less time behind bars. But which happens when, and what's the difference?
Imagine losing 31 years of your life to occupying a small jail cell under a false criminal conviction. This happened in 1978, after an innocent man was powerless to offer verifiable evidence against charges of burglary and rape. As a result, the Tennessee resident began his 31 years behind bars for a crime he did not commit.
Many people mistakenly believe that the only way law enforcement can enter and search their home is with a search warrant. Unfortunately, that is not the case. There are a number of situations in which law enforcement can enter and search your home or vehicle without your consent or a warrant. If you believe that law enforcement violated your right against unreasonable search and seizure, you should speak with an experienced criminal defense attorney right away. An attorney can review the details of the search and your arrest to determine if police violated your civil rights during the process.
The U.S. Constitution makes it unlawful for law enforcement officers to conduct searches and seizures without following legal protocol. If police perform a search and seizure unlawfully, arrest an individual and accuse him or her of crimes as a result, the accused person might be able to get the charges thrown out.
In 1966, the Supreme Court ruled that statements made to the police could not be used as evidence unless the accused was made aware of certain rights before making any statements.
It was late. You were in a rush to get home and were pulled over for speeding. You know the drill: be polite, explain your actions before reaching into a glove compartment, remain calm. After you provide your license and registration, though, the officer demands your cell phone. You don't want trouble, but you don't want some stranger peering through your photos and messages. What are your options?
The law behind "stop and frisk" can be particularly important for those who have been charged with any type of drug offense.
Many people are familiar with a search warrant, a signed court order by a judge that allows police to lawfully search a certain place to look for certain items.