My teen was recently question and chagred with a crime that he admits he was a part of...my question is, is it legal to question a minor without a legal guardian or legal representative there? Is what the teen said binding if there is no one present on their behalf?
Answer:
It's legal to do that. However, if they didn't tell him he had a right to an attorney, then it's not admissible in court. Even with an attorney, for a minor they need guardian's consent. I don't think anything he said is admissible in court.
I do not think that it is "illegal" but the information gleaned from the questioning could be considered coerced from the minor and not allowed in court.
I believe it is only legal if he was a witness. Contact a lawyer.
i dont think so. there is a very big chance if he admitted doing something wrong without his guardian or lawyer's presense, it might not stand up in court. you should get a lawyer.
yes.
I always thought the answer is a parent or guardian had to be present. You need to consult a lawyer right away.
They cannot question a minor without a guardian present if he/she is a suspect. However, they can legally question a minor as a witness, but they can plead The 5th amendment and refuse to cooperate. His confession is admissible in court; if they decide to use his statement to incriminate others it will be valid.
Yes, it's legal to ask anyone for information. Actually, as far as being allowed to use it against him, I guess I can't say for certain... perhaps it varies by state. Not sure.
It's ilegal to question a minor without the presence and consent of thier legal guardian or representative....I encourage you to get a lawyer and explain to him the situation, and see where he can take it from there......he can probably get the case tossed.
depends was he caught at the scene if so then yes it is legal, and if not at the scene but still have probable cause then still yes, your teen on the other hand should know his amendments and should not have said anything except his name to the cop without a lawyer present. The only way it is illegal to question a teen is if there is no probable cause and or no witnesses linking him to the scene.
Tuesday, May 25, 2010
Is it legal to put a spy camera in my aunts room in a nursing home?
Answer:
I don't care about legal...DO IT to protect her.
no, its against the law, invasion of privacy
It is if you don't get caught!
If you get her permission, then its ok.
I don't see why not. I would say yes.
Are you back in the porn business again?
As long as it doesn't record sound and it isn't
put there to record pornographic material ...
well, you're on the hairy edge of the law.
Most of the case law surrounding wire tapping
and other similar forms of covert surveillance
are aimed at sound, not video.
If your aunt is aware of the camera, then
there's no problem. If you are the only one aware,
you might have a problem, but you'd be
making new case law.
Remember, if she is a tenant of the nursing home,
she has most of the rights that any other tenant
would have, and that includes having her own
security.
You couldn't publish any pictures you took,
of course, without the permissions of the people
in the shots.
You could, however, use it as evidence in a court
of law.
If your aunt was being abused, say, then this
is a perfectly fine way of collecting evidence.
You're opening a real can of worms here, Terry. Nursing homes have a duty of care to know if their residents are in trouble, and cameras are sometimes used, especially at night, or after some surgery or serious illness. Staff cannot be at a resident's side 24 hrs a day - there just aren't enough staff anywhere for that.
You don't say why you are asking. Is it something to do with privacy? If so, read the above again - it may help.
Do you have reasons to believe she is being abused? Have you voiced these concerns to the Admin of the nursing home?
Working for a doctor who has many nursing home patients I do know that we get calls all the time, required by law and by him, that EVERY skin tear or fall HAS to be reported and noted on the patients chart. Also, the reason has to be given of how it happened....such as moving from bed to wheelchair or falling etc.....then there are standing orders on how to take care of such....BUT they still have to report time of injury, care taken, location of injury, and any further orders needed by phone to the doctor.
With the nursing homes having over 100 residents that 90% of them with loss of mental capacity and mobility it is unreal to think one on one care can be given every minute. They have a set routine to wake up, change them, dress them, check vitals, etc. We encourage families to visit often.....do you?
My mother and mother-in-law both had super care in our nursing home but we live in a rural area and it is run by local nurses that we go to church with, visit with and know.
Hello there. I鈥檓 one of the writers for Gilbert Guide (the foremost resource for everything senior care) and I鈥檝e recently done some research on this topic. Nursing home surveillance has been a controversial topic for quite some time now. Over the past few years, over a dozen states passed legislations allowing residents or their loved ones to install monitoring cameras in their rooms so long as they inform the nursing home management. If they do not inform the management, it is considered covert surveillance鈥攚hich is illegal. Which state do you live in?
I commend you for considering this step. At least one-third of the country鈥檚 nursing homes have been sanctioned for deficiencies and abuse. I wrote a blog just recently about a nursing home that鈥檚 currently at the center of a scandal. In the last two weeks, Illinois state police exhumed a deceased woman (removed her body from the grave) to see if an overdose was the cause of death. It鈥檚 alarming to think a nursing home staffer may have been involved in an intentional overdose, but it just may be reality. I鈥檝e attached a link to the blog in case you鈥檙e interested in reading it.
http://www.gilbertguide.com/blog/2007/04...
If you have any other questions I may be able to answer for you, feel free to email me at info@GilbertGuide.com.
Lori
www.GilbertGuide.com
Is it legal to put a fake silencer on a gun if it actually makes it quieter?
Answer:
If a fake silencer actually reduces the report of a firearm, then it is not fake. If you mount it on a firearm, then use it, it is not legal unless you have it registered with the BATFE.
While the federal government does not ban silencers, and 36 states allow civilian ownership of silencers, you are on thin ice if you mount a silencer that may or may not be a fake.
If the silencer is a hollow tube with thin walls, it may indeed reduce noise. If it is a solid piece of bar stock with a narrow hole for the bullet to travel through, then it is probably safe to use without getting into legal trouble because it will not reduce noise detectably.
If you live in one of the 36 states that allow silencer ownership, it may be better to just buy a real one. It does require your local sheriff鈥檚 signature on the form and a one time $200 tax paid to the ATF.
Ranb
no you would be breaking the law and you will go to jail
it is illegal. anything that alters the gun making it quieter makes it illegal.
so, if it actually 'silenced' the sound, how would it be fake?
An empty 2liter bottle will do the trick once.
no
and if it make the gun quiter it is a silencer
which is illegal under ATF rules
In the first place, it wouldn't be fake if it makes the gun quiet. It's also illegal.
It depends on if its a barrel extension then its not a fake
silencer
Now, see, if it WORKS, it's not FAKE! Seriously, I have not idea, but I would bet on yes, it's illegal. Just 'cause cops have no sense of humor, and the courts even less. I have a question for you, though...Why do you want to know? What have you done? I wish to point out to you that the police shot that man who was reaching for his identification, you know?? A (fake or not) silencer implies stealth, and THAT implies-WHAT ARE YOU DOING?? Is it interesting? I'm sure it's none of my business, but NOW I'm interested...!
Is it legal to push cars over into a ditch on your own property?
I don't live in the city proper but I have seen it done. Are there any rules for this and what about the oil and gas in the cars?? There is the ground water issue also.
What do you think?
Thanks
Answer:
Most locations regulate the disposal of waste on your property, due to the very issues that you pointed out. Generally you can leave a vehicle parked indefinately on private property (as long as the neighbors don't complain), but once you do something, like push it into a ditch, especially if you intend to cover it with dirt, you may run into problems. If you just "park" it in a ditch, you may be okay, but there may be other issues, like blocking water flow, or comtaminating irrigation water.
If your area changes substantially, like neighborhoods pop up around you, you could be forced to remove any old cars from the property no matter where you park them.
If you have an old junk car that you want to get rid of, you may want to consider donating it to charity, or selling it to a local junk yard. What you get for it may cover a tow bill to get it there.
Good luck!
you can push your car in the ditch as long as you dont claim for the damages or thats fraud
As for a legal response, your first step would be to look into local, city and county laws.
I am almost for certain looking into your county laws will provide you with the answer that you seek. Unfortunatly without knowing where you live, I don't think anyone on here can provide with a detailed response on your questions as laws of this nature vary by city, county, state.
It depends on the laws in your state and in the city you live in. Generally speaking, however, I have never seen a city, township, principality, etc., that has allowed people to do that. Not only do you have environmental issues with gasoline and oil getting into the water table, you also have the "eyesore" problem. Most communities have standards about vehicles (can't park them on your front lawn, can't have them up on blocks in your front yard, etc.). So I'm betting you'd get into trouble for pushing a car into the ditch, even if it's on your own property.
Really depends on where you live.
But with all the environmental laws,
I wouldn't think it would be so easy
anywhere any more.
Why not? They do it all the time in West Virginia and Kentucky, it's a eye sire but they do it as land fill.
What do you think?
Thanks
Answer:
Most locations regulate the disposal of waste on your property, due to the very issues that you pointed out. Generally you can leave a vehicle parked indefinately on private property (as long as the neighbors don't complain), but once you do something, like push it into a ditch, especially if you intend to cover it with dirt, you may run into problems. If you just "park" it in a ditch, you may be okay, but there may be other issues, like blocking water flow, or comtaminating irrigation water.
If your area changes substantially, like neighborhoods pop up around you, you could be forced to remove any old cars from the property no matter where you park them.
If you have an old junk car that you want to get rid of, you may want to consider donating it to charity, or selling it to a local junk yard. What you get for it may cover a tow bill to get it there.
Good luck!
you can push your car in the ditch as long as you dont claim for the damages or thats fraud
As for a legal response, your first step would be to look into local, city and county laws.
I am almost for certain looking into your county laws will provide you with the answer that you seek. Unfortunatly without knowing where you live, I don't think anyone on here can provide with a detailed response on your questions as laws of this nature vary by city, county, state.
It depends on the laws in your state and in the city you live in. Generally speaking, however, I have never seen a city, township, principality, etc., that has allowed people to do that. Not only do you have environmental issues with gasoline and oil getting into the water table, you also have the "eyesore" problem. Most communities have standards about vehicles (can't park them on your front lawn, can't have them up on blocks in your front yard, etc.). So I'm betting you'd get into trouble for pushing a car into the ditch, even if it's on your own property.
Really depends on where you live.
But with all the environmental laws,
I wouldn't think it would be so easy
anywhere any more.
Why not? They do it all the time in West Virginia and Kentucky, it's a eye sire but they do it as land fill.
Is it legal to purchase over the phone a prescription from a outta state pharmacy and have them mail it to you
Answer:
So long as they have the original prescription, it's fine. I live in Illinois but my meds are mailed to me from Texas.
Not out of state. Its fine.
I have no idea but that would be so AWESOME if it was. Im a busy man and I dont often have time to deal with all that crap in person.
Is it legal to publish a tenants name that has been evicted on a website?
Im wondering if it is illegal to publish the name of a tenant someone has had in the past that have been evicted, or have had small claims judgements against them for property destruction too a rental, on a website
Answer:
Small claims judgements are public records; they could be published on a county website, so it would be legal.
yes. public record.
yes, that is free knowledge---you can find all this stuff by going to the county's court dats base online
I would think it depends on the reason for publishing it. The tenant etc, could have a claim for harassment if there is no good reason or a long time has passed since the judgment. Once fines have been paid or other restitution made, there would be no reason for it to be brought up again.
Answer:
Small claims judgements are public records; they could be published on a county website, so it would be legal.
yes. public record.
yes, that is free knowledge---you can find all this stuff by going to the county's court dats base online
I would think it depends on the reason for publishing it. The tenant etc, could have a claim for harassment if there is no good reason or a long time has passed since the judgment. Once fines have been paid or other restitution made, there would be no reason for it to be brought up again.
Is it legal to post an entire city's police departments salary, OT and total earnings...?
itemized by full name titlesalary, ot rate, total earnigs for the year?
One city did just that on the internet. My question is this a violation of any law.
This list includes (my name) every police officer, searnet, leutenant, community service worker, dispatcher, crime lab tech etc. I am shocked and appaled
Answer:
Sorry to say that I don't think any laws were violated. The city has the right to show how they spend the people's money and under what department it was spend. As long as your private information wasn't include, such as phone # , address, and such. It just isn't normal practice for this to happen. It does sound like it was politically motivated. Someone is either negotiating a contract or fighting the union or something like that. Again, this isn't normal but I don't see anything illegal. Keep looking through. They are bound to have slipped up somewhere.
i dont see how it is a violation of the law since they are public employees, therefore it is usually considered public info. no different than a state employee's salary is public info...teachers, politicians, etc.
I'm neither...cities do a lot of strange things these days. If people can find out how much you owe on your house, I guess no one really cares how much you make either..
Good question.
My first thought was yes it is illegal because it would be an invasion of privacy.
However; on second thought because you work for the government I am thinking this qualifies as public information.
I would be upset as well.
why would it be a violation?
if public/tax money is being used to pay you, that information would be available to the public.
We know what our congress members make; why not our police?
Its public knowledge how much firefighters make; why not our police?
You're an employee of the city and state; they can publish what you make publicly
and that information isn't really protected. companies can obtain what you make anyway
No. It is the tax payers money- and they have to right to know how it is being spent.
they print it in paper.once a year.here.they do what they want any more.
Having your names on it doesn't sound right, but the rest of it surely is kosher...position, title, duties and salaries. Putting your names sounds like a goof-up. They don't put any police names on ours except of course the head of the Depts. Can you sue? I don't think it would be very lucrative if you did...but for gp, probably.
Normally when you work for the city/state it is the right of the people to know how much they are paying you. I do not think it is fair. On the internet is another story i would think. Only because I would think it was not any ones business in the city or town near you. If someone wanted to know your salary they should have to go to the city office. Not post it on the internet. I am sure you are talking about a small town??
You are a public servant and we are entitled as tax payers to know what/where our tax dollars are going. Maybe you should work harder for your money instead of being appalled that you are paid that much and the public now knows.
Public information if you in fact work for a state or local government agency. Taxes collected from citizens in these cases are directly related to your salaries. Thus allowing that information to be public knowledge. However they cannot disclose any of your related common numerical identifiers(i.e social security number for example). That should also tell you something about Federal employees as well and why isn't their salary information or names found on this kind of listing. And by the way, this is quite prevalent in areas with high concentrations of union activity. It's not that uncommon.
i would think it is a matter of public record. ps take some of your money and either invest in a dictionary or use spell check
One city did just that on the internet. My question is this a violation of any law.
This list includes (my name) every police officer, searnet, leutenant, community service worker, dispatcher, crime lab tech etc. I am shocked and appaled
Answer:
Sorry to say that I don't think any laws were violated. The city has the right to show how they spend the people's money and under what department it was spend. As long as your private information wasn't include, such as phone # , address, and such. It just isn't normal practice for this to happen. It does sound like it was politically motivated. Someone is either negotiating a contract or fighting the union or something like that. Again, this isn't normal but I don't see anything illegal. Keep looking through. They are bound to have slipped up somewhere.
i dont see how it is a violation of the law since they are public employees, therefore it is usually considered public info. no different than a state employee's salary is public info...teachers, politicians, etc.
I'm neither...cities do a lot of strange things these days. If people can find out how much you owe on your house, I guess no one really cares how much you make either..
Good question.
My first thought was yes it is illegal because it would be an invasion of privacy.
However; on second thought because you work for the government I am thinking this qualifies as public information.
I would be upset as well.
why would it be a violation?
if public/tax money is being used to pay you, that information would be available to the public.
We know what our congress members make; why not our police?
Its public knowledge how much firefighters make; why not our police?
You're an employee of the city and state; they can publish what you make publicly
and that information isn't really protected. companies can obtain what you make anyway
No. It is the tax payers money- and they have to right to know how it is being spent.
they print it in paper.once a year.here.they do what they want any more.
Having your names on it doesn't sound right, but the rest of it surely is kosher...position, title, duties and salaries. Putting your names sounds like a goof-up. They don't put any police names on ours except of course the head of the Depts. Can you sue? I don't think it would be very lucrative if you did...but for gp, probably.
Normally when you work for the city/state it is the right of the people to know how much they are paying you. I do not think it is fair. On the internet is another story i would think. Only because I would think it was not any ones business in the city or town near you. If someone wanted to know your salary they should have to go to the city office. Not post it on the internet. I am sure you are talking about a small town??
You are a public servant and we are entitled as tax payers to know what/where our tax dollars are going. Maybe you should work harder for your money instead of being appalled that you are paid that much and the public now knows.
Public information if you in fact work for a state or local government agency. Taxes collected from citizens in these cases are directly related to your salaries. Thus allowing that information to be public knowledge. However they cannot disclose any of your related common numerical identifiers(i.e social security number for example). That should also tell you something about Federal employees as well and why isn't their salary information or names found on this kind of listing. And by the way, this is quite prevalent in areas with high concentrations of union activity. It's not that uncommon.
i would think it is a matter of public record. ps take some of your money and either invest in a dictionary or use spell check
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