I have once again created another website. It is primarily local news based out of Kern County California. But we cover a lot of law enforcement related topics. Obviously, a lot of the coverage is based on the Kern County Sheriff's Office, CHP Buttonwillow/Bakersfield and Shafter Police Department, but we analyze a lot of other major law enforcement and legal issues on the site.
The site in NorthKernNews.com. Hopefully, you guys will check it out. We have a crime section as well as daily arrest logs for all of Kern County being implemented into the site now.
Can Police Officers Lie to You?
Here is an old question that just will not go away. And it is amazing how many people will ask this question and then argue with you about the correct answer. The answer is absolutely the police can lie to you.
They can lie to you about the evidence they have, about people statements and when undercover they can lie to you about even being a police officer.
No this will not result in a case being dismissed because they lied. It is perfectly legal and the courts have consistently ruled it is a non issue for police to lie. I have even done it to gain evidence.
The only problem with lying as a police officer is if the suspect knows your bluffing you have pretty much shown your hand that you do not have a case against them.
Disability Insurance and Erisa
Here is a link to a very detailed blog about disability insurance http://cleascam.blogspot.com/. Although this blog is about a specific company, California Law Enforcement Association that only serves police and fire in California, it discusses some common issues with disability insurance.
Many disability plans are governed by ERISA, which can be a nightmare of restrictions and rules that protect insurance companies. This blog discusses some of the dangers and pitfalls you might encounter when trying to collect a legitimate disability claim. These plans are so restrictive it might be best for you to opt out of an employee sponsored plan and seek disability insurance on your own. Take a look at the blog and decide for yourself what is the best course of action. But whatever you do, make sure you have disability insurance, it is one of the best investments you can make to protect you and your family.
Many disability plans are governed by ERISA, which can be a nightmare of restrictions and rules that protect insurance companies. This blog discusses some of the dangers and pitfalls you might encounter when trying to collect a legitimate disability claim. These plans are so restrictive it might be best for you to opt out of an employee sponsored plan and seek disability insurance on your own. Take a look at the blog and decide for yourself what is the best course of action. But whatever you do, make sure you have disability insurance, it is one of the best investments you can make to protect you and your family.
Can Citizens Record Police?
http://copwatcher.info/2014/03/video-recording-police/
Above is a great link to a video and in depth discussion of the legality of recording police on duty. Several different cases of recording police conduct are discussed and video is provided.
Despite some law enforcement agencies claims, it is legal to record police in public in all 50 states as long as you are not intering with the performance of their duties. What constitutes interfering with police is open to debate and advice and tips are given by Cato.org as well as CopWatcher.info.
Make sure you are recording in a public place, as opposed to private property not accessible by the public or in an active crime scene. Also make sure you stay a safe distance away from police while they do their job. Not only is it distracting to them to have someone in their personal space, it is a legitimate safety issue for police. Police by nature are suspicious of everyone, and to an extent they have to be. As a result they do not want anyone nearby when they encounter a suspect. Police most likely do not know who you are and if you might end up being a threat.
Police also have a responsibility to provide a certain level of privacy to both suspects and victims. Certain personal identifying information can not be released to the public among other privacy concerns. A video recording of a sexual assault victim being interviewed by police posted on Youtube could pose legal issues for police. So use some common sense and decency when recording. Also use some discretion if a police officer asks you to stop recording. He may not be in a position to explain to you the exact nature of the request.
Above is a great link to a video and in depth discussion of the legality of recording police on duty. Several different cases of recording police conduct are discussed and video is provided.
Despite some law enforcement agencies claims, it is legal to record police in public in all 50 states as long as you are not intering with the performance of their duties. What constitutes interfering with police is open to debate and advice and tips are given by Cato.org as well as CopWatcher.info.
Make sure you are recording in a public place, as opposed to private property not accessible by the public or in an active crime scene. Also make sure you stay a safe distance away from police while they do their job. Not only is it distracting to them to have someone in their personal space, it is a legitimate safety issue for police. Police by nature are suspicious of everyone, and to an extent they have to be. As a result they do not want anyone nearby when they encounter a suspect. Police most likely do not know who you are and if you might end up being a threat.
Police also have a responsibility to provide a certain level of privacy to both suspects and victims. Certain personal identifying information can not be released to the public among other privacy concerns. A video recording of a sexual assault victim being interviewed by police posted on Youtube could pose legal issues for police. So use some common sense and decency when recording. Also use some discretion if a police officer asks you to stop recording. He may not be in a position to explain to you the exact nature of the request.
Turn Signals Are Not Required in by California Law
Unknown to most motorists, a lot of police officers, a few attorneys and even the California vehicle code, you are not required to use your turn signal every time you make a turn in California.
The Department of Motor Vehicles tells you that you must signal 100 feet before you make a turn on any roadway in California. This is the way it is taught to all drivers. It is not what the courts required of drivers.
California courts have ruled consistently that motorists only have to use their turn signals if there turning movement affects the flow of traffic. So if you're are driving and no other motorists are on the road, legally you do not have to use your turn signal in California. However this is something most cops are not aware of and frequently issue citations for violating a law the court says is being misread.
Are Police Required to Read Miranda Rights?
Do police officers have to read Miranda Rights to you if you are arrested? I used to hear this question all the time from people who thought they were going to use this as a technicality to get out of whatever criminal charges they were facing. The police are not required to give you Miranda Warnings as a condition of arrest.
Police only have to give Miranda if they intend to ask you questions about the crime. For example, if a police officer responds to a domestic violence call and sees a man striking a woman repeatedly, and he knows the woman is the mans wife, he may make an arrest by only interviewing the woman. While this is not the best approach to police work, it often times happens that the suspect, regardless of what he may or may not say will have little impact on the outcome of the case. As long as the officer does not ask the suspect any questions, he technically does not have to read Miranda.
In addition to not asking any questions, the officer can not make any statements trying to incite the suspect into making statements about the crime either. For example, in the above scenario, if the officer said "that was real tough, beating up a woman for no reason" it is likely the suspect would respond by offering some defense for his actions. Any statements made in response to the officers comment, would likely be suppressed by the court as they were not voluntary and free statements.
Miranda can become complex, but it really requires two things, custody and interrogation. If you have one and not the other Miranda Warnings are not required.
Police only have to give Miranda if they intend to ask you questions about the crime. For example, if a police officer responds to a domestic violence call and sees a man striking a woman repeatedly, and he knows the woman is the mans wife, he may make an arrest by only interviewing the woman. While this is not the best approach to police work, it often times happens that the suspect, regardless of what he may or may not say will have little impact on the outcome of the case. As long as the officer does not ask the suspect any questions, he technically does not have to read Miranda.
In addition to not asking any questions, the officer can not make any statements trying to incite the suspect into making statements about the crime either. For example, in the above scenario, if the officer said "that was real tough, beating up a woman for no reason" it is likely the suspect would respond by offering some defense for his actions. Any statements made in response to the officers comment, would likely be suppressed by the court as they were not voluntary and free statements.
Miranda can become complex, but it really requires two things, custody and interrogation. If you have one and not the other Miranda Warnings are not required.
"Copyright" refers to the right to copy and display, distribute, or sell a creative work (like a painting, movie, song, video game, novel or other creative work). The copyright in any creative work is first owned by the person who creates it (like the artist or writer).
But the copyright can also be sold or given away by its owner. (Example musicians often sell the copyright to a song recorded to a record company.) The owner may also give other people permission to temporary sell, display, or give away the work.
Sometimes called "piracy," the crime of internet copyright infringement is basically copying, uploading, or sharing a creative work without the permission of the owner. It does not matter if the person sharing the work profits from the distribution of the material or not.
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