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Understand the 4th Amendment

Being free from government intrusion is a pillar of American democracy. But when is the government allowed to interfere in our privacy?

In short, the 4th Amendment to the U.S. Constitution grants individuals living in the United States:

“the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…”

However, the 4th Amendment is not black or white. Defense attorneys argue that the 4th Amendment provides broad and expansive protections, while prosecutors tend to limit its application. Ultimately, judges make determinations of when, how, and where the 4th Amendment protects you—thereby limiting or expanding your constitutional rights.

It is not enough to simply know you have “constitutional rights;” you need to understand how judges have interpreted these rights in the past to understand how they apply to you today. To protect your freedom, understand your rights. Read along as we answer the question above and more in the following posts.

 Can police question a minor without a parent present?
Can police question a minor without a parent present?

If you’re under the age of 18 and come into contact with the police, are they allowed to legally question you? Find out what your rights are.

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Caley LongFebruary 28, 2024
Do school officials have the authority to search students and their property while they are in school?
Do school officials have the authority to search students and their property while they are in school?

As a student, can your school officials go through your personal belongings if they think you did something wrong? Learn what protections the 4th Amendment provides you.

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Caley LongJune 7, 2023
Can the government use evidence obtained from an otherwise illegal detention?
Can the government use evidence obtained from an otherwise illegal detention?

If an officer discovers that you have a warrant after an otherwise illegal detention, that may be enough to allow the government to use any evidence found from this detention.

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Caley LongJanuary 17, 2023
You’re a passenger in a vehicle that’s just been pulled over: what are your rights?
You’re a passenger in a vehicle that’s just been pulled over: what are your rights?

Learn what may happen when the vehicle you’re riding in is pulled over by the police.

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Caley LongOctober 4, 2022
Can police collect location data from your cell phone?
Can police collect location data from your cell phone?

Your cell phone is constantly tracking your location and other private information. Can law enforcement access that information without a warrant? We break down the Supreme Court case that ruled on this issue.

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Caley LongJuly 19, 2022
Can police detain/seize you simply for living in a high-crime area?
Can police detain/seize you simply for living in a high-crime area?

If you live in a “high-crime” area, can the police indiscriminately stop and/or detain you? Find out as we look at how the Minnesota Supreme Court has ruled on this issue.

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Caley LongJuly 7, 2022
When does a legal detention become illegal?
When does a legal detention become illegal?

What rules are Minnesota police officers supposed to follow when detaining you? What happens if they go too far?

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Caley LongJune 8, 2022
"Am I free to go, officer?" Detention explained
"Am I free to go, officer?" Detention explained

If a court determines that a reasonable person would NOT feel free to leave, then the stop is considered a detention and constitutional protections apply. Learn more.

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Caley LongMay 23, 2022
You’ve been detained and patted down: was it legal?
You’ve been detained and patted down: was it legal?

When can a police officer detain and perform a pat down search on you? Learn the answer as we dig into the details of the important Terry v. Ohio Supreme Court decision.

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Caley LongMay 1, 2022Comment
Can law enforcement make you unlock your phone using your fingerprint?
Can law enforcement make you unlock your phone using your fingerprint?

If the cops have a warrant to search your phone, can they make you unlock it with your fingerprint? What if you have a passcode instead? Learn the facts and protect yourself.

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Caley LongApril 12, 2022
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Saint Paul, Minnesota 55102

call: 651 222 4703
fax: 651 925 0112
email:
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