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Michalak Law Firm
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I am an attor­ney prac­tic­ing in Los Ange­les and sur­round­ings areas.
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Do I have to give police password to my phone and can cops search my phone?

In 2014 US Supreme Court in Riley v. California, 573 U.S. _ (2014) held that police needs a warrant to search the data on your phone.  Notice that I put data not the phone itself.  Police can check and search the "physical aspects" of your phone for their protection.  They can check if there are no razor blades or other instruments that can injure him or her.  So if the officer asks you for a password, you do not have to give it to him.  But if the police get a warrant and you won't provide a password, they can crack a password.  Also, you can be put in contempt of court for not complying with the judges's order.  However by giving your password you consent to a search and anything found can and will be used against you.  The following opinion of the court was delivered by Chief Justice John Roberts

(1) The digital data stored on cell phones does not present either Chimel risk. Pp. 10–15.

(i) Digital data stored on a cell phone cannot itself be used as a weapon to harm an arresting officer or to effectuate the arrestee’s escape. Officers may examine the phone’s physical aspects to ensure that it will not be used as a weapon, but the data on the phone can endanger no one. To the extent that a search of cell phone data might warn officers of an impending danger, e.g., that the arrestee’s confederates are headed to the scene, such a concern is better addressed through consideration of case-specific exceptions to the warrant requirement, such as exigent circumstances.

Keep in mind that it does not apply at the border crossings.  At border crossing in almost all cases the border guards can search your phone without a warrant.  If you won't provide a password they can take your phone and laptop and crack it without a warrant.

Contact Michalak Law Firm at 888.SHARK.40 or 323-828-0258 for free consultation.

 
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Injuries at health clubs, fitness clubs and gyms

Once in a while people get injured in a gym, health club or fitness club.  Right after the injury we are reminded of the waiver form that we have signed when joining.  Even the employee of the club will tell you that you signed a waiver.  However the waiver will not always absolve health club of liability.  That is why it is very important to consult an attorney after an injury.  The gym can be sued if the injury occurred because of "willful and wanton conduct."  Health club can be liable for willful and wanton conduct if the injury was the result of the intentional conduct or due to reckless disregard for safety.  Most of the cases will fall under the second theory of the reckless disregard for safety.  Health club possibly can be sued under the negligence theory such as improper maintenance of the equipment.  Although the waiver limits the liability of the gym or health club, the waiver is not absolute.  Some of the injuries at gyms are very serious and may leave a person paralyzed.  Others may be minor.  No matter what injury you have sustained, you should contact Michalak Law Firm at 888.SHARK.40 or 323-828-0258.  I will evaluate your case for free.  I will arrange for the best medical care, and compensation for your injuries and lost wages.  I do not charge a fee unless I win your case.
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Injuries at health clubs, fitness clubs and gyms - Once in a while people get injured in a gym, health club or fitness club.  Right after the injury we are reminded of the waiver form that we have signed when joining.  Even the employee of the club will tell you that you signed a waiver.  However the waiver will not always absolve health club of liability.  That is why it is very important to consult an attorney after an injury.  The gym can be sued if the injury occurr... http://ow.ly/2VbDkp
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How to protect your rights for personal injury treatment - Often people involved in car accident do not know the extent of their injuries until some time later. If you do not take steps to”record” your injuries the insurance company will claim that the injury was not result of the accident. You you feel any pain, report it to police officer on the scene. It is always a good idea to visit the emergency room to check for the injuries. Often the minor pain will intensify a... http://ow.ly/2UyOZg
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How to protect your rights for personal injury treatment - Often people involved in car accident do not know the extent of their injuries until some time later. If you do not take steps to”record” your injuries the insurance company will claim that the injury was not result of the accident. You you feel any pain, report it to police officer on the scene. It is always a good idea to visit the emergency room to check for the injuries. Often the minor pain will intensify a... http://ow.ly/2UyOZh
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Children injuries at playground - Injuries at playground are very common. Children fall from slides, swings and other objects. Ability and procedure to sue depends if the injury occurred at private or public playground. You can file a lawsuit based on different theories. You can claim that playground design was dangerous. That the safer option was available at similar or slightly higher cost. You maybe able to sue if other child caused the injury to your child. However ... http://ow.ly/2Uu7Sr
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How to prepare for car accident? - I was recently asked a question how to prepare for the car accident.  There simple things that we can do to protect ourselves in the event of car accident.  We should review our insurance coverage.  California Insurance Code §11580.1b sets the minimum coverage at $15,000 for injury/death to one person, $30,000 for injury/death to more than one person and $5,000 for damage to property (15/30/5).  Obviously it is a very low requirement. ... http://ow.ly/2Uu7Ss
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