I had to grade moot court briefs on criminal procedure last week, and I would like to recommend once again that the best advice I can give about how to deal with cops is: dont talk to cops. I would like to add that, if youre in your home, dont go outside to talk to the cops. And if you must talk briefly with cops who come to your home, then dont consent to any searches and dont open your door more than the few inches it takes to talk to them briefly before telling them to go away. From this moot court assignment, I learned that, apparently, you cant be arrested without a warrant if youre substantially within your home, but you can be arrested without a warrant if youre on your property in public (i.e. a porch) or the threshold of your home (i.e. within the door). Interestingly, its currently a divided issue if you can be arrested without a warrant when a few inches within your home but with your door fully open (i.e. the issue for this competition). Thus, to be safe, dont consent to any searches, dont talk to cops, and if you must talk to cops who come to your house, dont go outside your house or open your door more than a minuscule amount. This has been a friendly reminder of how to live successfully in a free society.
Posted on: Mon, 17 Nov 2014 04:18:36 +0000
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