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Be Responsible This Halloween

Be Responsible This Halloween

Be Responsible This Halloween

It’s that time of the year again, and people are busily preparing for what custumes to wear this Halloween. Kids are plotting out the best route to get them as much candy as possible, while adults are figuring out which party to go to. However, something else adults should be considering, is who will be driving to the party.

If a person plans on drinking at any Halloween parties, then they need to have a designated driver (DD) or use a ride share service such as Lyft, Uber or even just a taxi. They have to do this because drinking and driving is never a good idea on any day of the year. On Halloween, it is an even worse idea.

On Halloween, kids are out and about trick or treating. This usually continues after the sun goes down. This means that the roads are often dark and lined with kids. This increases the chances of a drunk driver causing a horrible accident. This is why it is so important for a person to drink responsibly.

The likelihood of people getting behind the wheel after drinking at a party on Halloween is why there will also be an increase of DUI checkpoints that night. Law enforcement officers know that there will be more drinking on Halloween night. In order to reduce the chances of any accidents occurring, they will setup numerous checkpoints to catch as many drunk drivers as possible.

If you plan on having a few drinks this Halloween, be sure to do so responsibly.

Designate a friend or a family member to drive, or get a Lyft, Uber, or a taxi cab to get to your destination safe and sound. In today’s world, there is no need to get behind the wheel of a car while drunk. Especially not this Halloween.

 

Abuse, Threats, and Stalking Are Not Cute

Abuse, Threats, and Stalking Are Not Cute

Abuse, Threats, and Stalking Are Not Cute

Certain things in life are cute, like baby animals. Giving someone a sentimental, thinking of you, gift or complimenting someone’s outfit or attitude is cute. You know what isn’t cute? Abuse, threats and stalking. These acts are harassment. To be more precise, those actions fall under civil harassment.

Civil harassment goes beyond just being rude to someone.

Civil harassment is defined as abuse, threats of abuse, stalking, sexual assault, or serious harassment committed by someone who you have not dated and do not have a close relationship with.

If you have a close relationship with the person who is harassing you, it would be considered a domestic case.

If someone is harassing you, don’t wait to get help. Waiting for a situation to change or get better on its own risks your wellness. The more time you allow to pass, the more abuse you will have to endure. Civil harassment can be caused by aunts, uncles, cousins, and other distant relatives. Being harassed by family can make coming forward difficult because of the fear of the rest of the family becoming upset.

After reporting the harassment to the police, you can apply for a restraining order. You can ask for a civil harassment restraining order if a person has abused or threatened to abuse you and if you’re seriously scared or annoyed. Getting a restraining order is fairly simple to do in California. Some courts may charge a small fee, but the price of your safety is always worth it.

Abuse, threats of abuse, stalking, sexual assault, and serious harassment, is not normal.

Don’t allow a person who has these not-so-cute habits into your life. Only allow cute things in your like funny cat or puppy videos. Harassment should not be ignored, but dealt with in a safe manner so that you can continue living your life admiring cute things.

 

California’s Attitude Towards Illegally Obtained Evidence

California’s Attitude Towards Illegally Obtained Evidence

California’s Attitude Towards Illegally Obtained Evidence

Most of us assume that the laws about what is and what isn’t legally obtained evidence to be black and white; however, there are actually quite a few gray areas when it comes to illegally obtained evidence in California.

One example of the murkiness surrounding how evidence is obtained is a police officer who happened to notice what looked an awful lot like a drug-related transaction. Unable to ignore the situation, the officer approached the car and after a brief skirmish, the officer found that the car was full of drugs, ammo, and an alarming number of weapons. The question is, since the officer didn’t have a warrant, could the evidence be used as proof of guilt.

The Fourth Amendment was created to protect citizens from illegal search and seizures, and to make it nearly impossible for the United States to become a “police state/country.” The problem is that a lot of time has passed since the Fourth Amendment was drafted and the world has changed a great deal. In an attempt to keep up with the increasing challenges law enforcement faces and to also honor the Fourth Amendment, courts all over the country, including California, have tweaked and even created some laws about what is and isn’t illegally obtained evidence.


In the case of the evidence collected by the officer who witnessed a crime in progress, the prosecution can claim that since the officer did witness an actual crime, the evidence can be used during the trial despite the fact that the officer didn’t have a warrant allowing them to inspect the car. However, if the defense can prove that the officer was staking out the driver or didn’t actually witness a crime taking place, it’s likely that judge will rule that the evidence was in fact obtained illegally and throw out the entire case.


Whenever there’s a case involving a car and evidence, things always get complicated. Technically, an officer can’t go through your car looking for proof of illegal activities; however, if they pull you over for speeding and there’s a bag full of drugs on your backseat, they can arrest you and use the baggie of drugs as evidence.

If you’re involved in a case and don’t think the evidence was obtained with a legal search warrant, it is in your best interest to hire a good defense lawyer who has a strong understanding of the Fourth Amendment.

 

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