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Are Door-to-Door Warrantless Searches Legal?

In 2013, during the aftermath that followed the bombing of the Boston Marathon, many Boston residents responded to knocks on their door. On the other side were angry and armed members of Boston’s SWAT team. They were engaged in massive manhunt for the suspects and wanted to go through the homes and make sure that the individuals involved with the bombing weren’t hiding in any of the nearby homes or holding anyone hostage.

The situation raised in interesting question. In situations like this, are members of law enforcement really allowed to barge into a person’s home and start searching through it even when they don’t have a warrant? After all, the Fourth Amendment was designed to protect you from being bothered by the police while you’re in your home, which means that if they don’t have a warrant, they can’t come in.

Lawyers who specialize in constitutional law believe that the Fourth Amendment is worded in such as way that to gain access to a house, law enforcement officers must knock on the door, announce who they are, and show that they have a search warrant before starting to search the premises. However, many lawyers also agree that in emergency situations, such as in the hours following the Boston Marathon shooting, there are exigent circumstances that allows law enforcement to enter and search a home without a warrant. Lawyers feel that in order for this exception to the Fourth Amendment to be valid, the police have to prove that the general public’s safety is at risk.

Another legal exception is if cops believe that someone in the house is in immediate danger and by entering the house the cops can prevent the situation from escalating. This particular exception to the Fourth Amendment is frequently used as a plot tool during fictional police dramas.

Where things get trickier is when the police seize property during an unwarranted search. Most people assume that they can’t take anything from the house, or use it to build a case against the resident, but that’s not strictly true. The rule of thumb when an officer is in a house, even when they don’t have a warrant, is that they can take anything that’s illegal/contraband that is in plain view while they’re there. Not only can they take it, they can also use it to bring charges against you.

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Do Seatbelt Laws Save Lives?

It seems like every time we turn around, a new law that takes away another one of our personal choices is in place. A perfect example of this is seatbelt laws.

At this point, with the exception of New Hampshire, every single state has laws in place that force passengers in the front seats to wear seatbelts whenever the car is in motion. Washington D.C. along with twenty-nine states also require backseat passengers to be belted up.

The question is, do seat belt laws really save as many lives as the government claims, or are they simply another way for police offices to collect money?

Do Seatbelts Save Lives

The big question that many people ponder is whether seatbelts save lives. It’s harder to tell than most people would imagine.

Looking strictly at the data that’s been collected during the last twenty years, during which time many states have passed click it or ticket laws, it does seem like the laws are leading to less vehicular fatalities, but is that data really accurate? What those numbers don’t show is how improved each vehicle’s safety features are. More and better airbags, improved crumble zones, and early crash detection systems also play a large role in saving lives during collisions.

Do Seatbelts Lead to Aggressive Driving

Some people claim that forcing people to wear seatbelts gives some drivers a false sense of security, that they stop thinking they could be killed if they get into a wreck, and so they drive faster and bit more recklessly than they might if they weren’t wearing a seatbelt. And then there are the drivers who find it impossible to get their seatbelts to stretch comfortably across their body. These drivers are often distracted by the discomfort or dealing with difficult in moving properly while behind the wheel, which actually increases the odds of them getting into an accident.

Know Exactly How the Laws Work in Each State

While there are some states where officers can pull a vehicle over because someone isn’t wearing a seatbelt, and in forty-none states they’ll give you a ticket. In thirteen states, an officer has to have another reason for pulling the vehicle over, lack of seat belt is only a secondary offense.

If you’re pulled over, don’t unclip your seatbelt so that you can dig your insurance papers and registration forms out of your glove box. Stay buckled in until the officer reaches your window and can actually see you unbuckle, decreasing the odds of you getting hit with an undeserved seatbelt ticket.

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What to Do When Your Teenager Runs Away From Home

Any parent will admit that their relationship with their child can change on a day-to-day basis sometimes. There are times when everyone is getting along perfectly, and then there are times when arguments are more common than kind words. Thankfully, no matter what happens, even after the worst fights, there is still plenty of love to go around. After all, adults realize that just because people fight, doesn’t mean they don’t like each other anymore.

Sadly, this fact isn’t always clear to kids. A particularly bad fight, or other equally bad circumstances, can cause them to do something that parents wished only happened in their worst nightmares. Sometimes, when faced with problems that seem too big to be dealt with, kids will decide that running away from home is their only option. Not only is this a bad decision for their health and safety, it can do a real number to their parent or guardian as well.

Why Do Kids Run Away and How to Help Avoid It

Kids run away either to seek freedom from rules and restrictions, which is a misguided thought or to escape from a problem that is a very big deal to them. This problem could be something like the child is afraid of being punished for a failing grade, they are mad at some rule the parent has enacted, the child feels like a failure to their parents or something of a similar nature. In some instances, a child runs away to force a parent to gain power in an argument with a parent.

If a parent wants to prevent their child from ever feeling like running away is a good way to deal with a problem, they need to help the child develop their problem-solving skills. When the child is facing a problem, ask questions about how they plan on solving the problem, and when they solve it successfully, acknowledge that success and give them praise.

Another thing that a parent should do is help ingrain the idea that they will always love their child, no matter how badly he or she may mess up. After all, there is nothing wrong with making a mistake. In most instances, the mistake can always be corrected with a bit of hard work.

Signs of Potential Desire to Runaway

Unfortunately, there aren’t many signs that a child might be considering running away.

Some of the few signs that can be seen include:

  • The child is hoarding money.
  • The child is being very secretive.
  • Valuable items are disappearing around the house.
  • The child is abusing substances.

Some of these signs can show a child is trying to come up with funds to support themselves when they run away. Substance abuse can lead to running away so that the child can do whatever they want, whenever they want.

When Can You Contact Law Enforcement

Many people out there believe that they have to wait 24 hours before they can contact the police about a missing child. However, that is not the case. The moment a parent realizes that their child is missing and cannot find him or her anywhere in the nearby facility, they should contact the police. Police officers take all kinds of missing person cases seriously. They will start helping a parent of a missing child right away.

Do You Get Into Trouble for Allowing Runaways to Stay in Your Home?

This depends on the situation. If a person knowingly takes in a runaway child and helps him or her stay “missing,” then the person could get into serious trouble. This is sort of like aiding and abetting a criminal. The state of Tennessee makes it a misdemeanor offense to harbor a runaway minor. This law is meant to help parents and guardians keep their children safe.

However, if a person was unaware of the fact that a child ran away when they let the child stay at their home, then they likely wouldn’t face criminal charges. This is especially true if the person contacts the parents, guardians, or police about the child.

This Nightmare Scenario Can be Avoided

A child running away is a parent’s worst nightmare. Pretty much all parents only want what is best for their child, and sometimes that doesn’t make the child happy. This can lead to them running away, which puts their safety at risk. That is why a parent should always contact the police right away when they realize that their child is missing.

While there are not always signs that a child might be considering running away from home, it can be prevented. A parent just needs to be there for their child and teach him how to fix their problems.

If a parent does that and is always there for their child, their son or daughter may never feel like a problem is too big for them to handle.

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Fast, Affordable and Reliable Bail Bonds Anywhere In Tennessee

At Memphis Bail Bonds, we do more than just bail people out of jail, we save families. Families come to us, concerned and stressed about one of their own who was just arrested. They put their trust in us to help get them out of jail. If you’re in a predicament like this, we can help you too!

We provide:

  • Fast, courteous service
  • Professional, friendly agents and representatives
  • Personalized low monthly rate, affordable payment plans
  • Zero down
  • Zero interest
  • No hidden fees
  • 24/7 state-wide availability

Bailing someone out of jail can be a long and lengthy process if you choose the wrong bail bondsman. A bad bail agent could take days to get your friend or family member out of jail. But if you choose Memphis Bail Bonds the bail process can be over quickly. Our bail agents are the best bondsmen in Tennessee.

Every year we put our bail agents through training. This ensures that our bondsmen are at the top of their game. They have more knowledge and experience about bail bonds than any other bail agent in the state. At Memphis Bail Bonds, we want to provide all of our clients with the best service available.

Don’t let this one mishap tear your family apart. It should actually draw you all in closer together, and if we can help with that, we will be honored. You can trust us to help save your family, just call us at (615)544-0000.

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Criminal Charges Vs. Civil Charges in Tennessee

One of the things that makes the American legal system confusing is that we have both criminal charges and civil charges.

Criminal charges are a straightforward part of the legal process. If you break the law, you’re arrested and criminal charges are filed against you. You have the option of pleading guilty to these charges. If you don’t plead guilty, the case goes to trial and a jury will decide if you’re guilty.

Civil charges are more complicated. Civil charges involve the victims of the crime. The civil court provides victims with an opportunity to do two things. First, they can face the person who they believe impacted the quality of their life. The second thing civil charges do is provide the victims with an opportunity to seek financial retribution.

If you’re unlucky enough to be hit with both criminal and civil charges, you’ll quickly notice that the two cases are handled quite differently.

  • The punishment in criminal cases usually involves fines/jail time/community service/probation
  • The punishment in civil cases is always financial
  • There is a different standard of proof in civil and criminal cases
  • Defendants in criminal cases have different guaranteed protections
  • Juries are only used in very specific civil cases, most of the time it’s the judge who makes the final civil case ruling

One of the things the O.J. Simpson case proved was that even if you’re not found guilty of the crime in a criminal case, you can be found guilty during a civil case. The reason Simpson was found guilty during the civil case even though he’d been found not-guilty during the criminal case is that a different standard of proof is required in the cases.

One of the first things criminal juries are told is that they can only find the defendant guilty if the prosecutor has proven that the defendant committed the crimes “beyond a reasonable doubt.” That means that if there is any question in the jury’s mind that someone else committed the crime, they must find the defendant not guilty. In the O.J Simpson criminal trial, the jury voted not-guilty because there was evidence that suggested someone else could have committed the murders. In his civil case, there was enough evidence to suggest he had.

The “beyond a reasonable doubt” concept disappears in civil cases. In those cases, if the judge (and in rare situations, a jury) looks for a “preponderance of the evidence.” This means that if all the evidence suggests that the defendant committed the crime, they’ll be found guilty of the civil charges.

One of the interesting things about civil cases is that the people who filed the charges against the defendant not only seek financial restitution for actual costs, such as medical bills following a DUI accident but can also seek punitive costs which include pain and suffering.

Considering the extremely high cost of both criminal and civil cases, it’s in your best interest to think twice before you commit a criminal act that could result in you facing both criminal and civil charges.

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Witness in a Trial: What if You’re Summoned to Appear

It doesn’t matter if the prosecution or the defense thinks you’re a valuable witness, the process is the same for both sides. The first thing they will do is officially summon you to appear. This is done through a formal process in which a court representative hands you the information about how you’re required to appear in court.

Your own opinion on the case and judicial process aren’t relevant. As soon as the summons has been handed to you, you’re required to show up. Failing to do so will result in your being charged with contempt of court. Depending on the case and the mood of the prosecution/judge, it’s possible that a warrant will be sworn out for your arrest and you’ll spend some time in jail.

When you do honor the summons and appear in court on the appointed day, you will report to the court officer who will tell you where to go. If you’re lucky, you won’t have to wait long before it’s your turn to testify, however in many cases, you’ll find yourself waiting for a few hours and might even have to come back to court on a different day.

At this point, it’s extremely important that you don’t talk to anyone about the case. The reason for this is simple, you don’t want the conversation to alter your direct memories about the case or the person you’re testifying about.

When you’re called to testify, you’ll be sworn in. As soon as that’s completed, both the prosecution and the defense will ask you a series of questions that pertain to the case. It’s extremely important that you answer each question as honestly as possible. Not only will lying jeopardize the case, but if you’re caught deliberately lying, you’ll be charged with perjury and arrested.

Once you’re done testifying you usually have the option of either remaining in the courtroom and watching the remainder of the trial or going home. The one exception to this is if either the prosecutor or the defense expresses interest in recalling you, in which case you’ll go back to playing a waiting game until they either recall you or formally announce that they no longer require any additional testimony from you.