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Articles Posted in 4th amendment rights

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What You Need to Know About Your Rights in a Frisk

Arizona Supreme Court considers factors that create reasonable suspicion to justify police frisk.

What is a Frisk? A frisk in the context of a law enforcement search is also known as a pat-down. It is less intrusive than a full body search.  The purpose of a frisk is to ensure an officer’s safety by confirming that a suspect encountered by police is not armed…

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One of the Most Important Reasons to Resolve Your Warrant

U.S. Supreme Court excuses unlawful police stop due to suspect’s outstanding arrest warrant: How to protect your rights if you have a warrant

The aftershocks still linger following U.S. Supreme Court Justice Sonia Sotomayor’s eruptive and indignant dissent in this case:  “The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights. Do not be soothed by the…

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Arizona Supreme Court Limits Warrantless Home Searches

Police officers are not exempt from search warrant requirements, in order to perform community caretaking duties.

Under the Fourth Amendment of the U.S. Constitution and the Arizona Constitution, you have a right to be free from unreasonable searches and seizures. This means that in most cases, a warrant is required to search your home, with few exceptions. The exceptions include situations where “exigent circumstances” exist. This…

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US Supreme Court Rules No Warrant Needed to Collect DNA if Arrested

Impact of Maryland v. King Ruling on Arizona: What it gives and what it takes. Privacy rights were outweighed by law enforcement interests in the United States Supreme Court’s June 3rd ruling in Maryland v. King. In this case, the Court was divided 5-4 over the question of DNA sample…

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The US Supreme Court to Hear Landmark DNA Evidence Case

The Verdict could have national impact on when law enforcement can collect DNA evidence from suspects. On November 9, 2012, the United States Supreme Court agreed to hear a criminal DNA testing case, Maryland v. King (12-207), which could result in nation-wide impacts. The defendant’s DNA samples were collected immediately…

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