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Old 04-26-2009, 02:52 PM   #1
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Default Things I leared in my crim pro class

Well, not that we are in any way in danger of being arrested or searched, but I just wanted to share a few of the things I learned in my criminal procedure class.

1. Your trash is fair gain for search by police [or paparazzi]. The policy is that since you throw it out----you have no expectation of privacy.

2. If you want to transport drugs, the best way is by train. Very few regulations and very little search by officers. If you are on the east coase, do not transport by bus......they actively send narcotic units on the buses.

3. There is a roommate problem for search and seizure. Your roommate can authorize a search for common areas and you could be busted.

4. The mother problem: dear mom can authorize a search of her entire house and you could be busted.

5. NEVER, EVER, NEVER, EVER authorize a search of your premises--even if you are not guilty. You house is your castle and no one, not even the police, should be allowed entry for the purposes of search. Make them get a warrent.

6. Searching by helicopter, even 700 feet in the air over your house, is legal.

7. Searching by plane, 700 feet in the air but with heat seeking technology is illegal.

8. Invoking your right to an attorney can be released if you then start talking to police. So, the only thing you say when detained is "I want my attorney" -- never anything more.

9. Your child has to invoke their constitutional right to an attorney. You cannot do it for them.

10. The police do not have to call you in for a minor child during interrogations. There is no duty. Your child can be questioned endlessly and you may never know.
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Old 04-26-2009, 04:00 PM   #2
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Default Re: Things I leared in my crim pro class

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Originally Posted by Law Student Lisa View Post
9. Your child has to invoke their constitutional right to an attorney. You cannot do it for them.

10. The police do not have to call you in for a minor child during interrogations. There is no duty. Your child can be questioned endlessly and you may never know.


I do NOT like the sound of these two. No matter the circumstance this seems very harsh.
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Old 04-26-2009, 04:02 PM   #3
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Default Re: Things I leared in my crim pro class

Is #10 legal in every state, cause in my experience here in the corn field, a minor can only be questioned under certain circumstances, and a parent can invoke their right to attorney. Here they are not presumed to be able to understand their rights, since they are not adults.
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Old 04-26-2009, 04:09 PM   #4
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Default Re: Things I leared in my crim pro class

My crim pro class dealt with primarily Supreme Court issues. A state is always within it's rights to expand the rights of it's own citizens, so it does vary from state to state.

My state follows the supreme court ruling....For instance, about a month ago the police in my county made an arrest on four teens for plotting to blow up their school Columbine style. They were arrested at school, questioned at school for over eight hours before their parents were called. They are being held without bail and were denied their right to counsel because none of the kids were were aware they had such a right.

I believe the police did this for two reasons: 1) if they did not remove them from the school, then technically they were not being detained by the police, but by the school......in this case, they did not have to Mirandize the students and did not have to inform them that they had a right to an attorney......

So, I say this to warn you that while the police in your state may not be able to detain, the school certainly can. And they do NOT have to inform you in most jurisdictions if the school is the one investigating.

I have literally drilled it into my child's head that they only thing she is ever to say to a police officer is name, age, parent's name, parent's phone number and "I will not say anything else without an attorney present."
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Old 04-26-2009, 05:26 PM   #5
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Default Re: Things I leared in my crim pro class

Quote:
Originally Posted by Law Student Lisa View Post
Well, not that we are in any way in danger of being arrested or searched, but I just wanted to share a few of the things I learned in my criminal procedure class.

1. Your trash is fair gain for search by police [or paparazzi]. The policy is that since you throw it out----you have no expectation of privacy.

4. The mother problem: dear mom can authorize a search of her entire house and you could be busted.

6. Searching by helicopter, even 700 feet in the air over your house, is legal.
I knew this from watching CSI!

Quote:
Originally Posted by Law Student Lisa View Post
2. If you want to transport drugs, the best way is by train. Very few regulations and very little search by officers. If you are on the east coase, do not transport by bus......they actively send narcotic units on the buses.

3. There is a roommate problem for search and seizure. Your roommate can authorize a search for common areas and you could be busted.

5. NEVER, EVER, NEVER, EVER authorize a search of your premises--even if you are not guilty. You house is your castle and no one, not even the police, should be allowed entry for the purposes of search. Make them get a warrent.

7. Searching by plane, 700 feet in the air but with heat seeking technology is illegal.

8. Invoking your right to an attorney can be released if you then start talking to police. So, the only thing you say when detained is "I want my attorney" -- never anything more.

9. Your child has to invoke their constitutional right to an attorney. You cannot do it for them.

10. The police do not have to call you in for a minor child during interrogations. There is no duty. Your child can be questioned endlessly and you may never know.
All things I did NOT know..... And number 9 and 10 are scary!!! And not right!
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Old 04-26-2009, 07:54 PM   #6
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Default Re: Things I leared in my crim pro class

I'm trying to look it up and see if I can find anything on my state. But I believe I might be google-stumped today. It's just not working.
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Old 04-26-2009, 08:06 PM   #7
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Default Re: Things I leared in my crim pro class

I hope I never have any need to know this!
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Old 04-26-2009, 10:07 PM   #8
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Default Re: Things I leared in my crim pro class

Hey idig, you and me both!

So here are a few more little tidbits:

1. If the police want to search your car, it's gonna happen. Period. If they want to search a container in your car, they have to have a reasonable suspicion that contraband is going to be in the container and they can only search a container that the contraband would fit it. [ex: if they had a tip you were smuggling 1 lb of coke, they could not look in your lipstick tube.]

2. Remember if you are ever taken into custody, try this line, "I invoke my right to silence, get me an attorney jackbutt." Cross your arms and say nothing more. If they come back, repeat line. If they leave and come back without your attorney, repeat line. It may take you 10 hours, but say nothing more than that line and you will get your attorney.

3. Right to silence is a personal right, whereas right to not be searched is a right connected to a place. Hence, police can't search your home w/o a warrant, and not of your curtledge, but they can search your car, your school locker, and your desk.

4. You have a constitutional right to loiter, even if you are a gangbanger.
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Old 04-26-2009, 10:50 PM   #9
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Default Re: Things I leared in my crim pro class

There was always the question about 18 wheelers, because you live there I heard in some states you can force them to get a warrant but of course, since its a commercial vehicle even if they don't find what they are looking for they are bound to bust you on some technicality.
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Old 04-26-2009, 11:03 PM   #10
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Default Re: Things I leared in my crim pro class

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There was always the question about 18 wheelers, because you live there I heard in some states you can force them to get a warrant but of course, since its a commercial vehicle even if they don't find what they are looking for they are bound to bust you on some technicality.
There is no exception for motor homes or 18 Wheelers.......been litigated and courts have said, nope, doesn't count. UNLESS, you are hooked up to a power source providing electricity to you and are in a campsite or truck stop....if it's rolling, it's searchable!. If it's hooked up, they have to warrent up.
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Old 04-26-2009, 11:09 PM   #11
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Default Re: Things I leared in my crim pro class

Quote:
Originally Posted by Law Student Lisa View Post
9. Your child has to invoke their constitutional right to an attorney. You cannot do it for them.

10. The police do not have to call you in for a minor child during interrogations. There is no duty. Your child can be questioned endlessly and you may never know.
I'm going to check into these for my state at the office tomorrow... Our server must have gone down because I can't get into my work computer from home tonight.
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Old 04-26-2009, 11:13 PM   #12
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Default Re: Things I leared in my crim pro class

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....if it's rolling, it's searchable!. If it's hooked up, they have to warrent up.
kk, just being silly here, but what if one has a portable generator pulls over and plugs in the RV.
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Old 04-27-2009, 12:19 AM   #13
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Default Re: Things I leared in my crim pro class

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Originally Posted by Law Student Lisa View Post
Hey idig, you and me both!

So here are a few more little tidbits:

4. You have a constitutional right to loiter, even if you are a gangbanger.
In Los angeles they enact different laws about terrorism and other organized crime laws to stop loitering, are those legal? I know even if they aren't if you don't obey in LA they will beat your ____ bad. They enact there right to see ID then they have your address and wait, trust me when I was young I learned that.
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Old 04-27-2009, 12:27 AM   #14
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Default Re: Things I leared in my crim pro class

Those were enacted in the late 90's. There is a case called Morales v. chicago where the Supreme Court said that you have a constitutional right to loiter. Instead, what cities do is enact hot zone ordinances which give the police stricter power to ask people to move on....what this does is put people on notice that they are in a high crime area. The police, when they are a part of a speicalized gang unit, can tell them to move along.
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Old 04-27-2009, 12:29 AM   #15
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Default Re: Things I leared in my crim pro class

I think I will research state laws and post something for a sticky here for Robin later [after finals] that shows state by state whether police can question w/o an adult present and whether the child has to invoke his own rights.

I only know that in OR, OH, and TX, that the police can question without parents and the child has to invoke his own rights.

I think this is VERY important information for parents to have.
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Old 04-27-2009, 12:39 AM   #16
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Default Re: Things I leared in my crim pro class

Quote:
Originally Posted by Law Student Lisa View Post
Those were enacted in the late 90's. There is a case called Morales v. chicago where the Supreme Court said that you have a constitutional right to loiter. Instead, what cities do is enact hot zone ordinances which give the police stricter power to ask people to move on....what this does is put people on notice that they are in a high crime area. The police, when they are a part of a speicalized gang unit, can tell them to move along.
yeah that makes since I lived in a hot zone and crash enacted non real laws anyway bcuz they could
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Old 04-27-2009, 12:42 AM   #17
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Default Re: Things I leared in my crim pro class

Quote:
Originally Posted by Law Student Lisa View Post
I think I will research state laws and post something for a sticky here for Robin later [after finals] that shows state by state whether police can question w/o an adult present and whether the child has to invoke his own rights.

I only know that in OR, OH, and TX, that the police can question without parents and the child has to invoke his own rights.

I think this is VERY important information for parents to have.
We have a hard time comprehending that we need to look both ways before crossing the street... I think I might have a hard time explaining that one right now...
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