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The Police Coerced A Statement From Me; Can It Be Used In Court?

Date posted: October 25, 2016

The Fifth Amendment to the United States Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” This phrasal component of the Fifth Amendment gives rise to the “right to remain silent,” which has become an integral part of Miranda warnings given to arrestees.   Miranda warnings […]

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Where Am I Entitled To A Reasonable Expectation Of Privacy?

Date posted: October 20, 2016

A person is entitled to a reasonable expectation of privacy within his own place of residence, among other places. Courts are extremely protective of the home along with the privacy citizens are entitled to therein. For the government to intrude into the inner sanctum of the domicile, one of three things is required: a warrant […]

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I Defended Myself From A Mugging; Now I Am Charged With A Crime

Date posted: October 15, 2016

In each of the 50 states, legal provisions are in place to allow citizens to defend themselves from unlawful attack by another. Self-defense is a legal right derived from the body of natural law upon which constitutional rights are based, but it comes with strict caveats. This subject area is endless with possibilities, nuances, and […]

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Police Discretion in Arrest and Citation

Date posted: October 10, 2016

Police responding to a scene of reported criminal activity or responding in observance of in-view criminal activity are empowered with a measure of discretion in choosing whether to arrest or cite in response to criminal activity. In other words, police are not necessarily bound with the absolute mandate to arrest or write a ticket to […]

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What is a Requisite Mental State for a Criminal Charge in Washington?

Date posted: October 3, 2016

Criminal charges contain elements. These elements are conditions that, in part, define prohibited behavior and must be satisfied in order for charges to lead to a conviction for any given set of actions carried out by a citizen. In other words, an element is a subcomponent of a criminal offense, and each element must be […]

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Identifying Accused Criminals

Date posted: September 28, 2016

When a crime occurs, police become informed by citizens who call either 911 for emergencies, recently committed crimes, and crimes in progress, or who call non-emergency police numbers for cold crimes. When calls are received, trained police dispatchers gather information from the caller. When a crime is in progress or recently committed, dispatchers will ask […]

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Criminal Driving Offenses

Date posted: September 22, 2016

Most people realize that while driving a car, failure to comply with traffic laws carries a risk of being pulled over and issued a citation. Receiving a traffic ticket is usually a minor event that involve less than two hundred dollars and possibly traffic school to prevent a conviction on one’s record. However, some do […]

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Zero-Tolerance Policies

Date posted: September 18, 2016

Each of the 50 states has either statutes or common law rules providing that a person has the right to defend himself from unlawful attack by another. This is a reflection of the understanding of natural law which dictates that all people have the right to be secure in their persons and be free from […]

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A Defendant’s Right to Counsel

Date posted: September 14, 2016

Each of the 50 states is empowered to create rights in excess of those already in place and guaranteed by the constitution, and which the United States Supreme Court does not recognize. Where to these rights come from, anyway? As the name implies, constitutional rights are derived from the United States Constitution and all of […]

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Evidence Illegally Seized

Date posted: September 8, 2016

The Fourth Amendment to the Constitution of the United States provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place […]

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