Stockton, CA asked in Admiralty / Maritime and Criminal Law for California

Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land

Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due process rights

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: California's lower courts operate under the jurisdiction and legal framework established by the United States Constitution and the California State Constitution, not maritime law. Maritime law, or admiralty law, typically applies to incidents or contracts that occur on navigable waters, and it doesn't extend to general legal matters on land. Regarding due process, the U.S. Constitution guarantees this right, and any alleged violation can be contested in the judicial system. The California judicial system is structured to comply with these constitutional provisions.

If there are instances where you believe due process rights are being violated, these concerns can be addressed through legal channels such as appeals or filing appropriate motions. Police actions are also governed by constitutional protections, including the Fourth Amendment's protection against unreasonable searches and seizures. If you feel there has been an overreach or violation of privacy, these issues can be challenged in court. The legal system provides mechanisms for redress and correction in cases where constitutional rights are questioned.

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