Can the police enter a home without knocking? Although the police are required to knock and announce themselves before entering a home with a search warrant, the law doesn’t provide for any serious consequences if they simply break down the door and enter. → Read More
What if a search warrant contains an error or incorrect address? A search warrant is a document signed by a judge that gives the police the authority to enter your home and search through your belongings. A valid search warrant must provide a detailed description of the location to be searched. Several years ago, many law enforcement agencies complied with this requirement by simply listing the general address of the house they intended to search. This descriptive approach faced obstacles when search warrant documents contained incorrect address information. As a result, law enforcement began using a longer list of descriptors to identify the location to be searched. → Read More
A License to Search: Requirements of a Valid Search Warrant The Constitution protects all Americans from unreasonable search and seizure of property by law enforcement. To make this principle a reality, every state has established general rules setting out how search warrant documents and supporting affidavits for warrants are to be written. Even though the specifics vary slightly by state, the basic requirements of a valid warrant and supporting affidavit are usually the same. → Read More
What is criminal contempt? Criminal contempt is generally regarded as a disobedient or open disrespect for the court. Even though it may arise out of a criminal or civil case, it punishes conduct that violates a court’s rule, rather than a penal statute or some criminal law. → Read More
If I don’t know that something is against the law, how can I be charged with breaking the law? You’ve heard the old adage: ignorance of the law is no defense. All citizens are charged with knowing the law. Probably the most common example of this is speed traps. When entering a new town, anyone driving through is expected to pay attention to posted speed limits—even the ones slightly obscured by overhanging branches. If you are clocked speeding by an officer, you can still be ticketed for a violation. The same is true for any scenario when you break the law—even though you may not exactly understand how you broke the law. → Read More
What is disorderly conduct? Disorderly conduct is a catch-all offense used to prohibit actions, threats, or words which could breach the peace or alarm others. When faced with a disorderly conduct charge, an individual should understand what is considered disorderly conduct, sentencing, and the possible collateral effects of a conviction. → Read More
Is education a civil right? Technically speaking, education is not a recognized civil right. However, since the famous 1954 case of Brown v. The Board of Education, it has been illegal for public schools to discriminate on the basis of race. It is also illegal for a public school district to be segregated as a result of intentional practices, such as the drawing of school district boundaries around exclusively single race areas (a practice known as de jury segregation). These facts lend themselves to the argument that education is a civil right, or that education can be considered a de facto civil right. → Read More
When am I entitled to pre-judgment or post-judgment interest? If you are awarded a monetary amount in a court settlement, there are many situations in which you will be entitled to interest on the total. When this is allowed and how much the interest will be, as well as how it is calculated, will depend on the state in which you live, the type of judgment, and a variety of other factors. → Read More
What are the legal definitions of damage and damages? Do they mean different things? In the legal world, damage is defined as a loss or harm resulting from injury to a person, property or reputation. Damages, on the other hand, refers to compensation – such as a monetary judgment – provided to a person who has suffered a loss or harm due to the unlawful act or omission of another. The person at fault – the one who caused the loss or harm – must compensate (or pay) the injured party for his or her losses, i.e. he must pay his damages for the damage he caused. → Read More
Identity Theft: When Your Personal Financial Information Is Stolen Identity theft is one of the fastest-growing forms of theft in the United States. What you can do when your personal information is stolen. → Read More
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