WHAT EVERY PARENT SHOULD KNOW

INFORMATION ALL PARENTS NEED TO KNOW

SEARCHES AND WARRANTS

 

Q: Can law enforcement officers search my home or office?
A: Law enforcement officers can search your home only if they
have a warrant or your consent. In your absence, the police can
search your home based on the consent of your roommate or a
guest if the police reasonably believe that person has the
authority to consent. Law enforcement officers can search your
office only if they have a warrant or the consent of the employer.
If your employer consents to a search of your office, law
enforcement officers can search your workspace whether you
consent or not.
Q: What are warrants and what should I make sure
they say?
A: A warrant is a piece of paper signed by a judge giving law
enforcement officers permission to enter a home or other
building to do a search or make an arrest. A search warrant
allows law enforcement officers to enter the place described in
the warrant to look for and take items identified in the warrant.
An arrest warrant allows law enforcement officers to take you
into custody. An arrest warrant alone does not give law
enforcement officers the right to search your home (but they
can look in places where you might be hiding and they can take
evidence that is in plain sight), and a search warrant alone
does not give them the right to arrest you (but they can arrest
you if they find enough evidence to justify an arrest). A warrant
must contain the judge’s name, your name and address, the
date, place to be searched, a description of any items being
searched for, and the name of the agency that is conducting
the search or arrest. An arrest warrant that does not have your
name on it may still be validly used for your arrest if it
describes you with enough detail to identify you, and a search
warrant that does not have your name on it may still be valid if
it gives the correct address and description of the place the
officers will be searching. However, the fact that a piece of
paper says “warrant” on it does not always mean that it is an
arrest or search warrant. A warrant of deportation/removal,
for example, is a kind of administrative warrant and does not
grant the same authority to enter a home or other building to
do a search or make an arrest

 

What should I do if officers come to my house?
A: If law enforcement officers knock on your door, instead of opening
the door, ask through the door if they have a warrant. If the
answer is no, do not let them into your home and do not answer any
questions or say anything other than “I do not want to talk to you.” If
the officers say that they do have a warrant, ask the officers to slip
it under the door (or show it to you through a peephole, a window in
your door, or a door that is open only enough to see the warrant). If
you feel you must open the door, then step outside, close the door
behind you and ask to see the warrant. Make sure the search warrant
contains everything noted above, and tell the officers if they are
at the wrong address or if you see some other mistake in the warrant.
(And remember that an immigration “warrant of
removal/deportation” does not give the officer the authority to enter
your home.) If you tell the officers that the warrant is not complete
or not accurate, you should say you do not consent to the search,
but you should not interfere if the officers decide to do the search
even after you have told them they are mistaken. Call your lawyer
as soon as possible. Ask if you are allowed to watch the search; if
you are allowed to, you should. Take notes, including names, badge
numbers, which agency each officer is from, where they searched
and what they took. If others are present, have them act as witnesses
to watch carefully what is happening.
Q: Do I have to answer questions if law enforcement officers
have a search or arrest warrant?
A: No. Neither a search nor arrest warrant means you have to
answer questions.
Q: What if law enforcement officers do not have a search warrant?
A: You do not have to let law enforcement officers search your
home, and you do not have to answer their questions. Law enforcement
officers cannot get a warrant based on your refusal, nor can
they punish you for refusing to give consent.
Q: What if law enforcement officers tell me they will come
back with a search warrant if I do not let them in?
A: You can still tell them that you do not consent to the search and
that they need to get a warrant. The officers may or may not succeed
in getting a warrant if they follow through and ask the court
for one, but once you give your consent, they do not need to try to
get the court’s permission to do the search.

 

Q: What if law enforcement officers do not have a search
warrant, but they insist on searching my home even
after I object?
A: You should not interfere with the search in any way because
you could get arrested. But you should say clearly that you
have not given your consent and that the search is against your
wishes. If someone is there with you, ask him or her to witness
that you are not giving permission for the search. Call your
lawyer as soon as possible. Take note of the names and badge
numbers of the searching officers.

 

REFERRAL CONTACT INFORMATION
American-Arab Anti-Discrimination Committee (ADC):
(202) 244-2990
http://www.adc.org/
American Immigration Law Foundation (AILF):
(202) 742-5600
http://www.ailf.org/
American Immigration Lawyers Association (AILA):
(800) 954-0254
http://www.aila.org/
Asian American Legal Defense and Education Fund (AALDEF):
(212) 966-5932
https://www.aaldef.org/
Council on American-Islamic Relations (CAIR):
(202) 488-8787
http://www.cair.com/
Mexican American Legal Defense and Educational Fund (MALDEF):
(213) 629-2512
http://www.maldef.org/
National Lawyers Guild (NLG):
(212) 679-5100
http://www.nlg.org/
National Immigration Law Center (NILC):
(213) 639-3900
http://www.nilc.org/
NAACP Legal Defense and Education Fund (NAACP LDF):
(212) 965-2200
http://www.naacpldf.org/
National Immigration Project:
(617) 227-9727
http://www.nationalimmigrationproject.org/
Puerto Rican Legal Defense and Education Fund (PRLDEF):
(800) 328-2322
http://www.prldef.org/
South Asian American Leaders of Tomorrow (SAALT):
(310) 270-1855
http://www.saalt.org/
U.S. Commission on Civil Rights (UCCR):
(800) 552-6843
http://www.usccr.gov/

Please Make Note

Please make note that I, Jessica Lynn Hepner the creator of What Every Parent Should Know, is not giving legal advice. I am not a lawyer. I am giving you knowledge via first hand experiences.

Google+ Badge

Powered by Blogger.

About Me

My Photo
Jessica Lynn Hepner
View my complete profile

Featured Post

Guide To Child Protection Services

WHAT EVERY PARENT SHOULD KNOW INFORMATION ALL PARENTS NEED TO KNOW Thursday, November 1, 2012 Guide to CPS Guide to CPS Child Protective Se...

Contact Form

Name

Email *

Message *

Google+ Followers

Total Pageviews

Search This Blog

Ways To Support Syncretism

Blog Archive

Search This Blog

Labels

Translate

Save A Life by Angie Kassabie

Save A Life by Angie Kassabie
I URGE ALL MY FRIENDS TO READ & SHARE THIS; YOU COULD SAVE A LOVED ONES LIFE BY KNOWING THIS SIMPLE INFORMATION!!! Stroke has a new indicator! They say if you forward this to ten people, you stand a chance of saving one life. Will you send this along? Blood Clots/Stroke - They Now Have a Fourth Indicator, the Tongue: During a BBQ, a woman stumbled and took a little fall - she assured everyone that she was fine (they offered to call paramedics) ...she said she had just tripped over a brick because of her new shoes. They got her cleaned up and got her a new plate of food. While she appeared a bit shaken up, Jane went about enjoying herself the rest of the evening. Jane's husband called later telling everyone that his wife had been taken to the hospital - (at 6:00 PM Jane passed away.) She had suffered a stroke at the BBQ. Had they known how to identify the signs of a stroke, perhaps Jane would be with us today. Some don't die. They end up in a helpless, hopeless condition instead. It only takes a minute to read this. A neurologist says that if he can get to a stroke victim within 3 hours he can totally reverse the effects of a stroke...totally. He said the trick was getting a stroke recognized, diagnosed, and then getting the patient medically cared for within 3 hours, which is tough. >>RECOGNIZING A STROKE<< Thank God for the sense to remember the '3' steps, STR. Read and Learn! Sometimes symptoms of a stroke are difficult to identify. Unfortunately, the lack of awareness spells disaster. The stroke victim may suffer severe brain damage when people nearby fail to recognize the symptoms of a stroke. Now doctors say a bystander can recognize a stroke by asking three simple questions: S *Ask the individual to SMILE. T *Ask the person to TALK and SPEAK A SIMPLE SENTENCE (Coherently) (i.e. Chicken Soup) R *Ask him or her to RAISE BOTH ARMS. If he or she has trouble with ANY ONE of these tasks, call emergency number immediately and describe the symptoms to the dispatcher. New Sign of a Stroke -------- Stick out Your Tongue NOTE: Another 'sign' of a stroke is this: Ask the person to 'stick' out his tongue. If the tongue is 'crooked', if it goes to one side or the other that is also an indication of a stroke. A cardiologist says if everyone who gets this e-mail sends it to 10 people; you can bet that at least one life will be saved. I have done my part. Will you?

Popular Posts

Edit here

call Veteran Crisis @ 1-800-273-8255 press 1 or you can private/confidential chat to VeteransCrisisLine.net or text to 838255... Veterans Crisis Line | Hotline, Online Chat & Text Free, confidential support for Veterans in crisis and... VETERANSCRISISLINE.NET http://veteranscrisisline.net/

Recent Posts

Labels