What Happens If I Am Arrested?
After you have been arrested, there are certain timeframes and procedures that the prosecution and the court must follow. Usually, the police will advise you of your Miranda rights (the …
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What Are The Miranda Rights?
Also known as the Miranda Rule or the Miranda Warning, when you are arrested in the U.S.A, police officers must warn you that you have the right to remain silent, that any thing you …
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Where Do The Miranda Rights Come From?
The Miranda rights come from the Supreme Court’s interpretation of the 5th Amendment rule against self incrimination. In 1966, the U.S. Supreme Court decided the historic case of …
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Double Jeopardy
The Fifth Amendment to the United States Constitution provides, in part, that, “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” This is known as the double jeopardy clause and it protects people from being tried for the same crime on the same set of facts more than one time by the same government. While the …
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When is a Search Warrant Necessary?
The Fourth Amendment to the United States Constitution protects Americans from unreasonable searches by the government. That means that absent an emergency situation or other legal exception, a police officer must have a search warrant before conducting a search of your person or property. How a Search Warrant is Obtained The Fourth Amendment requires that searches be specific and …
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