Thursday, September 10, 2009

Prep for Constitution Day #10

FlexYourRights: Consent = Search
How to avoid being searched by police.
From BUSTED: The Citizen's Guide to Surviving Police Encounters

Today's Topic: The Fourth and Fifth Amendments

The 4th Amendment protects people from illegal search and seizure. The government cannot arrest a person or search their property unless there is "probable cause."

It important to know your rights if you are stopped by the police. Knowing your rights will help you protect yourself. Knowing your rights will also help the police enforce the correct laws to keep the community safe.

ACLU: Know Your Rights: What to Do If You Are Stopped by the Police

Listen to ESLPod English Cafe 118 for a discussion about

  • The difference between seize, arrest, and detain

  • How to become the president of the United States.
N-400 Part 10 Section D 15-21 ask question about commiting a crime. Example:
  • Have you ever committed a crime?

  • Have you ever been arrested?

  • Have you ever been stopped by the police?

  • Have you ever been in jail or prison?
N-400 Part 10 Section D 22 A-G ask questions about commiting specific crimes. Example:
  • Have you ever been a habitual drunkard?

  • Have you ever sold or smuggle illegal drugs?

  • Have you ever gambled illegally?

N-400 Part 10 Section E 25-28 A-G ask questions about commiting deportation. Example:

  • Have you ever been deported?
If a person answers YES to any of the questions, even if he or she is innocent or the problem happened many years ago, the person must bring the court papers to the USCIS interview.

Can a person become a US citizen if they have been deported or committed a serious crime? Yes, but it is strongly advised to work with a good immigration lawyer to prepare the N-400.

The Fifth Amendment:

Right to Fair Legal Treatment:The government must follow the law (due process) before punishing a person.

I Speak Cards: These cards can be used to help an individual obtain interpretive services.

Listen to ESLPOD English Cafe 35 for more details about incriminate and the idiom "to take the Fifth."

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