Search: The general rule is that in order to search a person’s house, property, vehicle or person, law enforcement must have first obtained a search warrant supported by probable cause and signed by a neutral judge. There are exceptions to the search warrant requirement, the most common of which is consent. Law Enforcement often uses [...]
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If you have been arrested, the Constitution of the United States protects your rights to legal counsel, and to remaining silent. To invoke your rights, tell Law Enforcement personnel you do not want to answer any questions without your attorney present and are invoking your right to remain silent. After you invoke your right to [...]
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Arrest: Starts the process. Arrest is defined as “the taking of a person into custody when and in the manner authorized by law.
Initial Appearance: The magistrate or judge informs the individual of the preliminary charge(s) against them and of his/her rights. Counsel may be appointed if the proper conditions are met. Only in Simple Misdemeanor [...]
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Even if not arrested, you may be required to provide a sample of your handwriting, to speak phrases associated with the offense or to have samples of your hair or saliva taken. You may insist that an attorney be present.
What is non-testimonial evidence?
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If you are arrested, the police have the right to take your fingerprints and photographs.
Will I fingerprinted or have to be in a line-up?
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