askalawyer
Dan Ralls
askalawyer

This is a good clarification. My point was that your typical ICE agent isn’t going to arrest you in the course of a third party investigation, especially for exercising your rights. Doing something stupid - outside that scope - can have consequences of many varieties, and all sorts of law enforcement at that point may Read more

Follow-up note: As shown in the illustration above, sometimes ICE agents wear clothing that says “police” or verbally identify themselves as police officers. This is often a problem for local police departments. Why? Because it discourages people from cooperating with or providing useful information to local police Read more

He wasn’t denying that the Fifth Amendment protects both innocent and guilty. He was emphasizing what the Supreme Court has said: “...One of the Fifth Amendment’s basic functions is to protect innocent persons who might otherwise be ensnared by ambiguous circumstances.” Read more

The Bill of Rights - which includes the Fifth Amendment - would still apply. Read more

Of course. I wouldn’t do that personally but only because I don’t trust my wife to pick up first and I don’t trust my mom at all. Read more

It’s going to vary by jurisdiction, but the police may give you access to your phone to get the information you need to make contact. Just remember that you’re going to need to unlock your phone to get that information - if there’s anything of interest to the police on your phone, that could present a risk. There’s Read more

That can help. Just make sure they’re going to answer the phone in the middle of the night. Read more

I don’t know. I feel like director Stan Dragoti couldn’t do for Tom Hanks in that move what he did for Michael Keaton in Mr. Mom. Read more

Yep. That’s the subtext & takeaway: Pay attention and be respectful. You sound like a reasonable person - a lot of people aren’t. Read more

Apologies for the Pokémon Go saturation. You see, pursuant to recently enacted Federal Pop Culture Freedom statute (thanks, Obama), media outlets are currently required to pick the pretend-nerd topic of either Pokémon Go or Stranger Things to beat to death like a dead horse until a new president is inaugurated. Kind Read more

Based on your username, I’m not going to question this. Read more

Little known exception in PA is that if the owner finds you and you’ve already disposed the item, you’re obliged to give him 10 pounds of scrapple. Read more

I don’t read many Gawker blogs or visit or contribute to /r/legaladvice, so maybe it’s just a natural snark fit. My time on reddit is mostly spent looking at pictures of cats and writing angry comments in response to people complaining about reposts. The tone of my podcast (unwonk.com - new episode next week!) - which Read more

A housing court in NYC would likely require treatment of a third wheel roommate in this situation as an “occupant” for purposes of the process of kicking him out. Courts have found that the law was designed to protect tenants and occupants, not landlords. Read more