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(The heading says "imported post" because this post first appeared on this forum when the forum used an older, different software. When the new software went into use, all the posts dating from before the new software were flagged, "imported post.")
In another thread, a State Researcher mentioned he was putting together a list of legal references.
I sent him mine by PM, then realized others might find also find such a list helpful. Thus, this post in a general thread.
These are just the links. Its taken a little while to copy these into this thread. I hope you'll forgive me for not putting the name of the case by each link. Maybe in the coming days I'll come back and do that.
They're mainly links to stuff that comes up most often in thread discussions. I keep them so I can quickly copy and paste the text and cite the case in accordance with forum rule #5 during thread discussions.
If you have links that have a bearing on OC-police encounters not mentioned here, PM it to me. Then I can add it to this OP. Legal stuff only please. And federal only, please. State stuff should probably have its own thread in your state's forum.
Have fun reading. I recommend reading these. 4th Amendment (search and seizure) and 5th Amendment cases are easy to read. Hardly any Latin or legalese.
As you open the links and check the cases, may I suggest saving the web address in your favorites folder.
Disclaimer: I am not a lawyer. I do not know that I have the currently controlling cases, or precedents, or all the important cases on any given sub-topic. I just know that I use these a lot and they cover questions that come up on the forum anywhere from frequently to occasionally.
Inchoate (Keyword I'm inserting to make it easier to find this thread via the forum search function. Inchoate means "incomplete" or "not fully formed"; its in one of the court cases.)
Law Websites:
http://www.law.cornell.edu/supct/index.html
http://supreme.justia.com/
http://uscode.house.gov/search/criteria.shtml
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=000&invol=95-1268
Videos:
Busted by FlexYourRights http://www.youtube.com/watch?v=yqMjMPlXzdA
Talking to Police by Prof. James Duane: http://www.youtube.com/watch?v=6wXkI4t7nuc
Ten Rules for Dealing with Police by FlexYourRights. http://www.youtube.com/watch?v=gmrbNLt7Om8&feature=related
Police Chief Magazine Article
Chief's Council:Responding to Gun Possession Reports
http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=757&issue_id=122005757&issue_id=122005
4th Amendment (Search and Seizure) Street-level Overview, Explanations, and Cases
At FlexYourRights.com: http://www.flexyourrights.org/fourth_amendment_supreme_court_cases
4th Amendment Court Opinions
NOTE: The brief descriptions below are not meant to be comprehensive about what is included in the case. They are written from the viewpoint of an OCer's interest--his rights during a police encounter. The disclaimer above about me not being a lawyer and maybe not having the controlling cases and precedents applies.
Terry vs Ohio: What is a Terry-stop? What is reasonable articulable suspicion (RAS)? What is a Terry-patdown for weapons? Can police just walk up and ask you questions? When can a cop temporarily seize your gun for officer safety during a foot encounter?
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0392_0001_ZO.html
US vs Mendenhall: More about consent, detentions, a list of circumstances that can be used to judge whether you have been detained.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0446_0544_ZO.html
Florida vs JL: Is there a"firearm exception" to 4th Amendment protections?
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0529_0266_ZO.html
Pennsylvania vs Mimms: Can police order you out of your car during a traffic stop? Can a cop temporarily seize a gun during a traffic stop for officer safety merely because its a gun even if you are not acting suspicious or dangerous?
http://supreme.justia.com/us/434/106/case.html
Michigan vs Long Can a cop search your car for a gun for officer safety? Which areas of the car can he search?
http://scholar.google.com/scholar_c...=Michigan+vs+Long&hl=en&as_sdt=80000000000002
US vs Baker (4th Circuit): Can police seize your gun during a traffic stop?
http://pacer.ca4.uscourts.gov/opinion.pdf/955287.P.pdf
Arizona vs Hicks Can a cop, having seized your gun, run the serial number to see if it is stolen?
http://supreme.justia.com/us/480/321/index.html
Florida vs Jimeno: If you give consent to search the car, can police search closed containers within the car? For example the closed brief case where you have your gun? Also, briefly discusses consent to a search and reasonableness under the 4th Amendment.
http://supreme.justia.com/us/500/248/case.html
Schneckloth vs Bustamonte: Consent to searches. Also,Justice Marshall's dissent (near the end of the entire document) is illuminating. Very illuminating.
http://supreme.justia.com/us/412/218/case.html#243
Florida vs Bostick Voluntariness of consent
http://supreme.justia.com/us/501/429/case.html
Two hundred thirty seven Fourth Amendment case links at FourthAmendment.com:
http://fourthamendment.com/ccl.php
5th Amendment Court Opinions
Miranda vs Arizona: What are your Miranda rights? When do police have to read you your rights? You might be surprised--its not what you might think from watching TV cop shows.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0384_0436_ZO.html
Ohio vs Reiner: Is the 5th Amendment intended to protect the guilty? Or is one of its basic functions to protect innocent men who might be ensnared by ambiguous circumstances? Can the truthful statements of an innocent man be used against him?
http://supreme.justia.com/us/532/17/case.html
Ullman vs US: Is the 5th Amendment a shelter for wrong-doers? Did the Founders make a decision about whether it is better for a guilty man to go free than an innocent man be penalized?
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0350_0422_ZO.html
Note: The next three cases deal with cops demanding identity from you during a police encounter. They build on each other. Read them in the order given here; it will make more sense.
Brown vs Texas: Can a cop demand identity info from anyone anytime? Does he first need genuine reasonable articulable suspicion?
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0443_0047_ZO.html
Kolender vs Lawson: Is a state law unconstitutionally vague if it requires someone to provide credible proof of identity to a cop upon the cop's demand, but does not specify what types of identity info are sufficient and credible? Note: Be careful. This case does not say a state law is unconstitutional if it requires providing identity documents to a cop upon his demand. I have seen at least one state law that skirted this case by compelling a person to provide certain specified identity documents if he has them on his person at the time the cop makes the demand.
http://supreme.justia.com/cases/federal/us/461/352/case.html
Hiibel vs 6th Judicial District Court: Is a state law that compels you to provide identity information verbally to a cop during a detention constitutional? Does such a law violate your 5A right to silence? Side note: You can actually see the police encounter that led to this court decision on YouTube. The cop that demanded Larry Hiibel's identity had a dashcam running. Just go to YouTube and type keyword "Hiibel" into the search feature.
http://www.law.cornell.edu/supct/html/03-5554.ZO.html
5th Amendment Article
From The Champion magazine, Nat'l Assoc Crim. Defense Lawyers:
http://www.nacdl.org/public.nsf/01c...3e6a3bd54552e85c852575b60071e4bb?OpenDocument
(The heading says "imported post" because this post first appeared on this forum when the forum used an older, different software. When the new software went into use, all the posts dating from before the new software were flagged, "imported post.")
In another thread, a State Researcher mentioned he was putting together a list of legal references.
I sent him mine by PM, then realized others might find also find such a list helpful. Thus, this post in a general thread.
These are just the links. Its taken a little while to copy these into this thread. I hope you'll forgive me for not putting the name of the case by each link. Maybe in the coming days I'll come back and do that.
They're mainly links to stuff that comes up most often in thread discussions. I keep them so I can quickly copy and paste the text and cite the case in accordance with forum rule #5 during thread discussions.
If you have links that have a bearing on OC-police encounters not mentioned here, PM it to me. Then I can add it to this OP. Legal stuff only please. And federal only, please. State stuff should probably have its own thread in your state's forum.
Have fun reading. I recommend reading these. 4th Amendment (search and seizure) and 5th Amendment cases are easy to read. Hardly any Latin or legalese.
As you open the links and check the cases, may I suggest saving the web address in your favorites folder.
Disclaimer: I am not a lawyer. I do not know that I have the currently controlling cases, or precedents, or all the important cases on any given sub-topic. I just know that I use these a lot and they cover questions that come up on the forum anywhere from frequently to occasionally.
Inchoate (Keyword I'm inserting to make it easier to find this thread via the forum search function. Inchoate means "incomplete" or "not fully formed"; its in one of the court cases.)
Law Websites:
http://www.law.cornell.edu/supct/index.html
http://supreme.justia.com/
http://uscode.house.gov/search/criteria.shtml
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=000&invol=95-1268
Videos:
Busted by FlexYourRights http://www.youtube.com/watch?v=yqMjMPlXzdA
Talking to Police by Prof. James Duane: http://www.youtube.com/watch?v=6wXkI4t7nuc
Ten Rules for Dealing with Police by FlexYourRights. http://www.youtube.com/watch?v=gmrbNLt7Om8&feature=related
Police Chief Magazine Article
Chief's Council:Responding to Gun Possession Reports
http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=757&issue_id=122005757&issue_id=122005
4th Amendment (Search and Seizure) Street-level Overview, Explanations, and Cases
At FlexYourRights.com: http://www.flexyourrights.org/fourth_amendment_supreme_court_cases
4th Amendment Court Opinions
NOTE: The brief descriptions below are not meant to be comprehensive about what is included in the case. They are written from the viewpoint of an OCer's interest--his rights during a police encounter. The disclaimer above about me not being a lawyer and maybe not having the controlling cases and precedents applies.
Terry vs Ohio: What is a Terry-stop? What is reasonable articulable suspicion (RAS)? What is a Terry-patdown for weapons? Can police just walk up and ask you questions? When can a cop temporarily seize your gun for officer safety during a foot encounter?
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0392_0001_ZO.html
US vs Mendenhall: More about consent, detentions, a list of circumstances that can be used to judge whether you have been detained.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0446_0544_ZO.html
Florida vs JL: Is there a"firearm exception" to 4th Amendment protections?
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0529_0266_ZO.html
Pennsylvania vs Mimms: Can police order you out of your car during a traffic stop? Can a cop temporarily seize a gun during a traffic stop for officer safety merely because its a gun even if you are not acting suspicious or dangerous?
http://supreme.justia.com/us/434/106/case.html
Michigan vs Long Can a cop search your car for a gun for officer safety? Which areas of the car can he search?
http://scholar.google.com/scholar_c...=Michigan+vs+Long&hl=en&as_sdt=80000000000002
US vs Baker (4th Circuit): Can police seize your gun during a traffic stop?
http://pacer.ca4.uscourts.gov/opinion.pdf/955287.P.pdf
Arizona vs Hicks Can a cop, having seized your gun, run the serial number to see if it is stolen?
http://supreme.justia.com/us/480/321/index.html
Florida vs Jimeno: If you give consent to search the car, can police search closed containers within the car? For example the closed brief case where you have your gun? Also, briefly discusses consent to a search and reasonableness under the 4th Amendment.
http://supreme.justia.com/us/500/248/case.html
Schneckloth vs Bustamonte: Consent to searches. Also,Justice Marshall's dissent (near the end of the entire document) is illuminating. Very illuminating.
http://supreme.justia.com/us/412/218/case.html#243
Florida vs Bostick Voluntariness of consent
http://supreme.justia.com/us/501/429/case.html
Two hundred thirty seven Fourth Amendment case links at FourthAmendment.com:
http://fourthamendment.com/ccl.php
5th Amendment Court Opinions
Miranda vs Arizona: What are your Miranda rights? When do police have to read you your rights? You might be surprised--its not what you might think from watching TV cop shows.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0384_0436_ZO.html
Ohio vs Reiner: Is the 5th Amendment intended to protect the guilty? Or is one of its basic functions to protect innocent men who might be ensnared by ambiguous circumstances? Can the truthful statements of an innocent man be used against him?
http://supreme.justia.com/us/532/17/case.html
Ullman vs US: Is the 5th Amendment a shelter for wrong-doers? Did the Founders make a decision about whether it is better for a guilty man to go free than an innocent man be penalized?
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0350_0422_ZO.html
Note: The next three cases deal with cops demanding identity from you during a police encounter. They build on each other. Read them in the order given here; it will make more sense.
Brown vs Texas: Can a cop demand identity info from anyone anytime? Does he first need genuine reasonable articulable suspicion?
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0443_0047_ZO.html
Kolender vs Lawson: Is a state law unconstitutionally vague if it requires someone to provide credible proof of identity to a cop upon the cop's demand, but does not specify what types of identity info are sufficient and credible? Note: Be careful. This case does not say a state law is unconstitutional if it requires providing identity documents to a cop upon his demand. I have seen at least one state law that skirted this case by compelling a person to provide certain specified identity documents if he has them on his person at the time the cop makes the demand.
http://supreme.justia.com/cases/federal/us/461/352/case.html
Hiibel vs 6th Judicial District Court: Is a state law that compels you to provide identity information verbally to a cop during a detention constitutional? Does such a law violate your 5A right to silence? Side note: You can actually see the police encounter that led to this court decision on YouTube. The cop that demanded Larry Hiibel's identity had a dashcam running. Just go to YouTube and type keyword "Hiibel" into the search feature.
http://www.law.cornell.edu/supct/html/03-5554.ZO.html
5th Amendment Article
From The Champion magazine, Nat'l Assoc Crim. Defense Lawyers:
http://www.nacdl.org/public.nsf/01c...3e6a3bd54552e85c852575b60071e4bb?OpenDocument
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