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Constitutional Law Questions & Answers
1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Louisiana on
Q: Can city police officer legally pull someone over outside city limits after a natural disaster for seatbelt violation
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 19, 2021

Yes but they probably won't appear in court.

1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination on
Q: Storemanager at Woolies, pregnant ladies injured due to company not listening to my pleas, scapegoated out of company.

Store Manager at Woolworths in South Australia, Westlakes 5021. Store making ~ $800k-$1million/week. I was earning ~ $120,000/year

Pregnant ladies x3 had severe falls due to roof leaks. Did all in my power to address and ask for assistance. Woolworths higher ups blamed centre management,... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 18, 2021

You may be losing valuable time here awaiting a response on this forum - your post remains open for two weeks. If the situation you describe does give way to any type of remedy/worker comp-type relief, it would probably be governed by the laws of Australia. The attorneys here generally advise on... Read more »

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: I was just fired for not complying with the mask mandate and i don't want to take the vaccine. What can i do ?
Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

You can file for unemployment, and contest the firing but you may likely not win. Using an N95 mask protects you and others. Vaccine likewise. I don't see anyone succeeding but that's just my opinion. As a heads up, expect no sympathy from the court, or anyone for that matter.

1 Answer | Asked in Workers' Compensation, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Employer wants employee's medical info without medical release, is that legal?

Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?

Nancy J. Wallace
Nancy J. Wallace answered on Sep 16, 2021

This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: Can an officer charge you with possession after the vehicle gets to the impound lot and he goes later and "searches" car

After the vehicle sat there after first tow truck "couldnt haul it" then another tow driver hauled it to their tow yard and seen my guns in my vehicle and called the officer and had him come back out to his tow yard and then they supposedly did a search and found "drugs!" While... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 16, 2021

Inventory searches are semi-protected under the law. It really depends on the facts and what probable cause the police had and if anything was in plain view. I think you need to hire an experienced criminal defense attorney immediately.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can officers detain you on a traffic stop and drive your vehicle back to your residence for you to serve a warrant
James Richard Askew
James Richard Askew answered on Sep 16, 2021

Obviously, it depends on the circumstances. Did you provide consent? Was the vehicle moved only a short distance?

An officer should not want to drive your vehicle unless it presents a danger to others i.e. to protect others, prevent imminent harm, etc. If your car is parked in an...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Bankruptcy and Constitutional Law for Missouri on
Q: Format for notifying US AG, US Senate, House Committees on Bankruptcy of challenge to constitutionality of Code ?

Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?

Timothy Denison
Timothy Denison answered on Sep 14, 2021

No.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a person be charged with possession simply because they are in the car with someone and drugs are found under them?

If drugs are found under the driver seat of a car and the driver is the owner of the car, can the passenger be charged with possession because the driver/owner refuses to take ownership? If so, how likely is a case like that to stick?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 14, 2021

You wouldn't be asking this question if this fact situation hadn't already occurred. So you know the answer already. The passenger(P) can be charged with possession. (If the assumptions I'm making are incorrect, then disregard my answer.)

If the P is charged based solely on...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Pennsylvania on
Q: Are police required to do welfare check-in on someone who may be in danger?

I called the police on August 11, 2021 because my father started he was in danger and was acting strange, I'm 30 minutes away so police department is much closer. They never went to check on him and the next day by 12:45 pm he was dead. is there anything I can do. I feel like he could have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

It's hard to say without knowing more. Maybe the police contacted him and he was normal when they talked to him. They don't have an obligation to check on everyone. However an attorney who specializes in police actions would be the best bet to contact.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Pennsylvania on
Q: Is “mutual combat” legal or even a legal grey area in Pennsylvania?

When I say “mutual combat” I mean mutually agreed upon fighting (without weapons), with set agreed upon rules, and witnesses with the intent of settling a dispute and not for any other malicious purposes.

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

You cant settle things by violence legally.

1 Answer | Asked in Real Estate Law and Constitutional Law for Florida on
Q: Can my son live with me at a 55+ community if I am recently mentally disabled.

I have been diagnosed with bipolar, anxiety, depression, PTSD,plus some physical disabillitys.My son moved here I own my trailer but pay a lot rent they said he can't live here he is 33 I want to move in a year they say he can't stay,is there anyway he can stay to help me?

Charles M.  Baron
Charles M. Baron answered on Sep 12, 2021

Consult a lawyer in your area handling elder law issues. Search for lawyer by either clicking on the Find a Lawyer tab on the top of the Justia web page or contact the Florida Bar Lawyer Referral Service, which will refer you to a lawyer with a low consultation fee - see https://lrs.floridabar.org... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: What is code 3423
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

If we are talking about the Federal Code the relevant Code section of the US Code 12 is below:

12 U.S. Code § 3423 - Immunity from suit for disclosure of financial exploitation of senior citizens. the actual section content is available online.

1 Answer | Asked in Constitutional Law and Intellectual Property for California on
Q: today the company came and told us that we needed to take out all our things from storage room that they are going to

Board them up we have been living hear for 11yrs and we've had it since then

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Unless occupancy of the storage room is a part of your lease, you need to remove your property before it is disposed of by the owners. If you have a right to the storage area by your lease, then you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Does the California Supreme Court hear all cases ? How to appeal to them?

If I lost in appellette Supreme Court how do I appeal to the CA Supreme Court? Is there any help if I have no money for an attorney ?

It involves the catholic church and my first amendment right. I was prosecuted by the City Attorney and catholic church. A jury found me not guilty. But... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 7, 2021

The California Supreme Court does not hear all cases which are brought to it. The Court decides which cases it will hear, usually based on some criteria which involves state wide policy on issues of compelling importance. Consequently, the odds the state supreme court will accept your case are... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: o you have the right to defend yourself from an arrest that you know is unlawful with the same force that the officer is

doing to you?

Mike Branum
Mike Branum answered on Sep 3, 2021

I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.

The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: TN Convicted of Domestic Assault years ago. My Fiance owns several firearms. Is it OK for her to keep them in our house?

I live in Tennessee and I pled guilty to a misdemeanor Domestic Assault about five years ago. I was forced to sign a piece of paper stating that I must surrender all of my firearms and that I would never be able to own a firearm again. My question is this: I am getting married soon and my fiance... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2021

Your future Wife does not lose her rights by marrying you. You should not touch the firearms nor ammunition, and it would be better for her to have a safe for most of it. I suspect she carries one or more firearms. I am sorry that you got talked into pleading to a crime worse than many... Read more »

Q: Can the law legally hold my truck and impound when it wasn't part of my charges or fines for being arrested

What I was trying to say and not so many words is I got charged with the drugs but there's no charge or fines or tickets if anything to do with the truck how can they hold it

Peter David Brown
Peter David Brown answered on Sep 2, 2021

IF the arresting agency alleges that the vehicle was used in the futherance of the "criminal enterprise" they can seize it.

(for example: you were stopped with the drugs in the vehicle)

1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: Is it illegal for the the police or investigators to, what I have heard called, go on a “fishing exhibition”?

They had all they needed to arrest the target of an investigation(a drug dealer), but did not, then wiretapped his phone to find out who his associates were and how they are involved with the target all while allowing the illegal activity in order to bust more than the original suspect. I’ve also... Read more »

Charles Watts
Charles Watts answered on Sep 2, 2021

In order for the wire tap to be legal there would have to be a search warrant that set up the specific information be sought. Assuming they have that, then yes it is legal. Having what you need to arrest is a subject is a slippery slope that we wont get into here, because every criminal... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: i was stopped for alleged speeding 48 in a 35. was told if everything checked out i would recieve a verbal warning.

he gave me a verbal warning then said his dog hit on my truck which i did not consent to but i know he did not call us in cause my plates were 2 months expired not to mention when he ran mine and my wifes license he said we were clear in michigan not knowing my wife had a wisconsin dl. an empty... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 30, 2021

You need a criminal defense attorney now. These situations are fact dependent. It sounds like there was a valid stop. An attorney might want to know how long you were stopped before the dog came out. And there are some interesting cases regarding what can happen when a dog "hits" on a... Read more »

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