What Are Some Rights Citizens Have When Dealing With The Law?

[TMagic]

First off, this is NOT to be anything AGAINST the police officers of this country, or other forms of law enforcement.

I think a lot of people don't know certain rights they have and let police officers get away with certain things, all because they don't know any better.

It was a while back that I was speaking with my girlfriends pops who was bringing up things that police get away with just because citizens don't know their rights. They do whatever it is the officer says because they either trust that he is doing the right thing, or they have no say against a police officer or they are just plain scared.

So I was wondering if you guys knew some things. Whether they be some small, simple things, or something bigger that is good to know about.

As I think I am among many others that don't know what rights we have in certain situations in dealing with the law.

Por ejemplo...

Say an officer comes to a party due to someone calling about noise.

Are they allowed to come in without a warrant? What are they REALLY entitled to do in that situation? What if there were those that were underage drinking? Can they get in trouble if the officer can't even come in?

Just things like that.

I think this can help people who are ignorant, like myself, learn their rights as US citizens. I know their are a few people who work for the law here as well, so feel free to chime in.

[Cebby]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

As far as I know, unless the police smell drugs or see something illegal inside the house, they can't do anything the first time.

However, if you aren't smoking marijuana or drinking underage, it shouldn't be a problem.

[Cusefan]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

As far as I know, unless the police smell drugs or see something illegal inside the house, they can't do anything the first time.

However, if you aren't smoking marijuana or drinking underage, it shouldn't be a problem.

Pretty much, even if you are underage drinking, just close all the blinds make sure there is nothing illegal within view from outside the door. I got well versed on this since I used to throw a party now and then in High School. They would come and ask if we are drinking and if they could come in, Pretty much just say no alcohol is here and go get a warrant.

[Chaos81]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

Pretty much, even if you are underage drinking, just close all the blinds make sure there is nothing illegal within view from outside the door.

Yep. And believe me, cops will walk all around your house and do whatever they can to get a peek inside.


One big one I've seen a bunch of people do is letting a cop search your car when you get pulled over. People don't realize you can say no when a cop asks. I guess they think he's just being nice, but it's just like your house, they can't search without probable cause or a warrant.

[stewaat]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

[B][COLOR="Red"]It was a while back that I was speaking with my girlfriends pops who was bringing up things that police get away with just because citizens don't know their rights. They do whatever it is the officer says because they either trust that he is doing the right thing, or they have no say against a police officer or they are just plain scared.

So I was wondering if you guys knew some things. Whether they be some small, simple things, or something bigger that is good to know about.

As I think I am among many others that don't know what rights we have in certain situations in dealing with the law.

Por ejemplo...

Say an officer comes to a party due to someone calling about noise.

Are they allowed to come in without a warrant? What are they REALLY entitled to do in that situation? What if there were those that were underage drinking? Can they get in trouble if the officer can't even come in?

Just things like that.

I think this can help people who are ignorant, like myself, learn their rights as US citizens. I know their are a few people who work for the law here as well, so feel free to chime in.

You can't enter a house without: consent, exigent circumstances, arrest warrant, or a search warrant. The 4th amendment protects citizens from unreasonable search and seizure.

Exigent circumstances = emergency where immediate intervention is needed (fight, person unconscious, bleeding individual, etc.)

Just go read the Bill of Rights and the 14th amendment and you're good to go.

[stewaat]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

Pretty much, even if you are underage drinking, just close all the blinds make sure there is nothing illegal within view from outside the door. I got well versed on this since I used to throw a party now and then in High School. They would come and ask if we are drinking and if they could come in, Pretty much just say no alcohol is here and go get a warrant.

Even if an officer saw underage drinking going on inside the residence a search warrant would still be needed. Unless there was consent given or exigent circumstances.

[ZB9]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

Even if an officer saw underage drinking going on inside the residence a search warrant would still be needed. Unless there was consent given or exigent circumstances.

officers can and will lie and say they saw something or heard something.

if a cop sees something in his line of sight (underage drinking, smoking weed, etc.), they then have "probable cause"

[stewaat]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

Yep. And believe me, cops will walk all around your house and do whatever they can to get a peek inside.


One big one I've seen a bunch of people do is letting a cop search your car when you get pulled over. People don't realize you can say no when a cop asks. I guess they think he's just being nice, but it's just like your house, they can't search without probable cause or a warrant.

Officers are not legally allowed to walk around your private property to get a peek inside. The plain view doctrine states that an officer has to be in a public place and the contraband has to be visible from an area a reasonable person could see it.

However, you park a car on the street in front of your house, it's fair game because it's public vehicular area. Officers can use a flashlight too. If that car is in your driveway on private property within the curtilage of your house, then it is off limits.

Yea most of what officers find is on consent searches.

You can have an investigatory detention with reasonable suspicion, which includes a frisk (not a complete search).

You can't search a house with PC, you need a warrant. But PC is needed for the warrant.

[stewaat]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

officers can and will lie and say they saw something or heard something.

if a cop sees something in his line of sight (underage drinking, smoking weed, etc.), they then have "probable cause"

They can't legally enter. They can seize your vehicle if they spot contraband in there, but they can't go into your house without a warrant.

Please do not generalize officers that way, I would not lie about such a thing. Maybe some would but I am not one of them. If an officer is found to be lying his entire career is ruined. You can't testify in court as a credible witness. Our whole profession is based on telling the whole truth.

[ZB9]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

Officers are not legally allowed to walk around your private property to get a peek inside. The plain view doctrine states that an officer has to be in a public place and the contraband has to be visible from an area a reasonable person could see it.

However, you park a car on the street in front of your house, it's fair game because it's public vehicular area. Officers can use a flashlight too. If that car is in your driveway on private property within the curtilage of your house, then it is off limits.

Yea most of what officers find is on consent searches.

You can have an investigatory detention with reasonable suspicion, which includes a frisk (not a complete search).

You can't search a house with PC, you need a warrant. But PC is needed for the warrant.

like I said, a police officer can and will lie

There are too many dishonest cops. Do not trust them.

[stewaat]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

Example:

ZB9 is in his backyard smoking a joint. I walk by and from the sidewalk I'm able to see him. He yells "**** you mf'er, you piece of ****, I hope you die".

I can obtain a search warrant to enter the house, but can't go in right away.

So yea complain about lack of rights, citizens get too many freedoms! That's why society is so bad, there needs to be more punishment.

[stewaat]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

like I said, a police officer can and will lie

There are too many dishonest cops. Do not trust them.

You need to alter your statements. You are implying that all officers will lie. I consider this a personal attack in a thread I'm trying to help people understand their rights better.

If you want to attack others on a message board because of your past experiences, I can't stop you. However please be politically correct.

[ZB9]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

Example:

ZB9 is in his backyard smoking a joint. I walk by and from the sidewalk I'm able to see him. He yells "**** you mf'er, you piece of ****, I hope you die".

jeez I might know you. Have you spent time in Austin?

I can obtain a search warrant to enter the house, but can't go in right away.

lol well someone that does what you described above deserves to be arrested

imo, sometimes the line does get blurred though between what an officer feels someone "deserves" and what the law is.

So yea complain about lack of rights, citizens get too many freedoms! That's why society is so bad, there needs to be more punishment.

the line is getting way too blurred nowadays imo

seems that it's becoming more of a money making racket for the city/county and even sometimes state than about "protecting and serving". They need to change that freaking motto

[stewaat]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

They don't deserve to get arrested because their words are protected by the 1st amendment and their privacy within their house is protected by the 4th amendment.

There might be a difference in culture of police departments. I know that my police department is based on honesty and integrity. I'd be lying if I said money seized from drug dealers and other illegal activities doesn't help pay for some city assets.

Officers aren't all perfect and sometimes emotions get the best of them. As OS has shown, every attempt to show officer mistakes will be made.

It's kinda like armchair policing.

[ZB9]

Re: What Are Some Rights Citizens Have When Dealing With The Law?

They don't deserve to get arrested because their words are protected by the 1st amendment and their privacy within their house is protected by the 4th amendment.

if an officer actually SEES someone smoking a joint, then they have "probable cause" to ticket them or whatever

however, there are some Napoleans in the police force that will absolutely LIE and say they saw someone do something that they didnt. In court, it's the officers word against yours and the court goes with the officer 99 percent of the time.

There might be a difference in culture of police departments. I know that my police department is based on honesty and integrity.

absolutely a difference in cultures

if you are a cop stewaat and you feel that honesty and integrity are the most important thing, then there needs to be more like you

Im sure you see quite a few dishonest ones that care about power tripping more than anything else..those make the entire police force look bad. It seems that even the good ones will move heaven and earth to protect the bad ones.

I'd be lying if I said money seized from drug dealers and other illegal activities doesn't help pay for some city assets.

especially nowadays with many cities in budget trouble

and many of them would rather hassle people for the "easy money" than chasing drug dealers and the more serious and more difficult illegal activities

Officers aren't all perfect and sometimes emotions get the best of them. As OS has shown, every attempt to show officer mistakes will be made.

yes officers are like everyone else, but it seems these days that the force attracts far too many "Napoleonic" power trippers that are compensating for something.

Police officers have far too much responsibility and too much power to be "emotional just like everyone else".