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Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtai

Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtain a search warrant? Can a police officer just tell a judge that he believes illegal activity is going on at so and so's residence with no basis or evidence for probable cause?

Kevin M Rogers
Kevin M Rogers answered on Jun 18, 2021

Yes you have the absolute right to know exactly what the police had given the judge before asking the judge to issue a search warrant. Your lawyer will make a Request for Discovery to the State. The State will send your lawyer the Affidavit of Probable Cause, which was typed up and given to the... Read more »

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

The conviction was affirmed on appeal. See:

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Civil Litigation for Virginia on
Q: Am I eligible for compensation for VEC Employment Commission for damages for loosing my car and house

I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 16, 2021

I do not handle employment law matters. Sorry.

Q: What does section one of the california constitution do? And does it have any legal binding

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(Sec. 1 added Nov. 5, 1974, by... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 15, 2021

The California constitution is binding on all people in the state, and provides the rights which are explained in this section. Anyone who interferes with your rights as set forth in this section may be held liable for damages which they cause you to suffer as a result of interfering with your use... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: El Dorado County seized my firearm and never contacted me about it and I am a legal gun owner what can I do

My firearm was confiscated in June of 2020 and I was not contacted about it and still have not been contacted it was found on my friends property I was selling it to his wife for protection against the Bears and Wildlife El Dorado County Sheriff's Department performed a illegal search and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 13, 2021

more info needed.

you need to make an appointment with a local criminal lawyer asap....I am in Palm Springs area

why have you waited a year?

there is a term in law......Laches.......which means if you sit on your rights you can lose them.

I would prepare a detailed...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... Read more »

2 Answers | Asked in Constitutional Law, Landlord - Tenant and Municipal Law for New Jersey on
Q: Can my HOA prohibit me from displaying the American Flag that has the thin blue & red line in support of Police and Fire

At one of the HOA meetings I attended (virtually) I asked if I could display the American Flag that had the thin blue and red line honoring firefighters and police officers (I have both of these heroes in my family) and one the members of the ARB barely let me finish my sentence before saying no... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 11, 2021

This is a complicated question which requires an examination of the organic documents of the HOA as well as a review of the history of the HOA in permitting outside displays. Are front door or outdoor terrace railing displays permitted by the HOA? Are flags permitted to be displayed for Flag Day?

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Can a police officer who is using unnecessary force deny your request to speak to the chief while you’re detained?
Timothy Denison
Timothy Denison answered on Jun 10, 2021

Whether the officer is using unnecessary force is a question for the jury. Regardless, the officer does not have to allow you to speak to the chief. You may have to do that when you are not detained.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I was stopped for a infraction concerning riding a bicycle the wrong way on a sidewalk. Subsequently they patted me down

The reason given was because I was in a area know for drug activities and they wanted to make sure they were safe and free from any weapons I may be carrying. I was next to a motel 6 where I had a room at the time.

I am not on probation or parole and I have my 4th amendment rights. I was... Read more »

Joseph Abrams
Joseph Abrams answered on Jun 8, 2021

Although this appears to be a close issue, the short answer is that they probably had the right to search you. The reason is that pat down searches are generally legal when police stop or detain a suspect for there own safety. Here, it appears they had the right to detain you based on the observed... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: What rights in ohio do I have if I caught my 11 year old son molesting my 1 yr old son. I called police they wont arrest
Matthew Williams
Matthew Williams answered on Jun 7, 2021

You could always contact the local prosecutor directly. They may have the same misgivings as the police though.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: can I sue a jail, or correction facility for wrongly and overly placing someone I know in the box for more than 9 months

He was first being taunted by white officers that I know the name of, making racial slurs and saying things like "my knee isn't on your neck, you can breathe. giving him 6 DRS in a row at once for no reason, and when he tried to fight it himself in the jail. he wasn't let out to do... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 5, 2021

You don’t have a cause of action.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: If I have a warrant from county (a) & have an upcoming court date for county (b) can (b) hold me for(a)2come get me
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 4, 2021

As a general rule of thumb, yes, the court for one county can serve the warrant for the other and arrest you (to allow the transfer). It does make a difference if the warrant was from another state though since many states, including Arkansas, often don't arrest individuals appearing in their... Read more »

1 Answer | Asked in Constitutional Law for Illinois on
Q: I wanted to know about protecting my house from a lawsuit

I sued a company and they dragged the case and counter sue me for my home

Tim Akpinar
Tim Akpinar answered on Jun 3, 2021

An Illinois attorney should advise you on this, but your post remains open for three weeks. At this point, you could reach out to attorneys who are familiar with collection defense, asset protection, judgments, and related areas. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Idaho on
Q: Can a police officer contact my me before court after my arrest and can he pass the evidence to pedestrians after found.

Also was made to urinate in public after I told officer it made me uncomfortable then he watched me pee after he’d already searched me but said it was to make sure I didn’t try to get rid of anything.

Kevin M Rogers
Kevin M Rogers answered on Jun 3, 2021

Hi, I'm sure someone else will probably ask you to clarify your question, but let me first ask you to ask it more clearly please? IF I understand your question, you said that you were arrested? For what were you arrested? In a car? Park? While walking?

Second question:...
Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Michigan on
Q: Can a police officer go into a residence to do a wellness check and search while he is in there for drugs??

The person in charge of said residence told him he did not have permission

Brent T. Geers
Brent T. Geers answered on Jun 2, 2021

Your question is heavily fact-dependent. How and what was the police officer searching? What was the basis for a wellness check? Regardless, cops don't need to ignore things then in the open. For example, there would be no impermissible search required for the police to arrest someone when... Read more »

Q: Looking for proper care before I get vaccinated. Ca Governor acting in pure discrimination.

Politicians are not Drs. Not only that my job instability crippled my ability to hold down a proper dr. So far the medi-cal provided ones have not shown any investment with concerns on infertility and potential blood clots. How is his push to reward those that are vaccinated not a form of PURE... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2021

I am sorry but this does not appear to be a question but more of a rant.

I understand your concerns but vaccination has been held to be a lawful way for the government to attempt to control certain deadly medical conditions throughout the last decade. Exceptions exist for those with...
Read more »

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Q: Can I refuse a PCR test for “COVID” before surgery? The test cannot detect infectious disease and there is class action

The hospital is trying to force me to get a PCR test before a surgery. There is currently a class action lawsuit being filed by Dr. for Crimes Against Humanity as the maker of this test Kary said it cannot detect infectious disease. I do not consent and I need surgery. There is no law that people... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

A hospital isn't obligated to operate on anyone who doesn't follow their protocols. You can ask for a different hospital but none of them are required to abide by your concerns. You have no Constitutional Right that forces anyone to give you medical treatment, especially under your terms.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for California on
Q: I was denied medical attention by an police officer while on my way to jail. That ended with me being hospitalized.

Female officer insisted i get medical attention and refused to book me. I was taken to the hospital by the male officer. My ending result was I had a concusion from blunt force trauma to my head and bleeding inside. On call physician then told me a helicopter was going to fly me out to another... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 25, 2021

sorry, I need more info to understand this question.

what are the facts of your arrest?

was there an allegation you resisted and or fought back?

1 Answer | Asked in Constitutional Law for Maryland on
Q: How would one go about petitioning federal courts to have one's state's representation suspended or revoked?

For not upholding the constitution? I feel as though my state is not legally eligible for the U.S. Congress as the state does not incorporate or acknowledge amendments 1 - 10.

Mark Oakley
Mark Oakley answered on May 23, 2021

You cannot obtain such sweeping relief. Each state is a member of the Union and has representative rights within the federal government under the Constitution. If you personally have suffered a deprivation of an individual right or privilege granted to you under the United States Constitution,... Read more »

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