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Alabama Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Civil Rights for Alabama on
Q: Does my bumper sticker violate disorderly conduct law in Alabama?

I have a bumper sticker that says "ride me harder b****" on my vehicle in Arab, Alabama. I was pulled over and warned by the police, who mentioned the word "b****" as the issue and suggested turning the letter "I" upside down. I believe I am protected under the First... View More

James L. Arrasmith
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answered on Mar 28, 2025

You have a provocative message that tests the balance between free speech and public order. Free speech is broadly protected by the First Amendment, even when it contains language that some may find offensive.

In Alabama, disorderly conduct laws typically address actions that disrupt...
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1 Answer | Asked in Immigration Law and Constitutional Law for Alabama on
Q: Can TikTok comments on U.S. policies affect my immigration process?

I am currently in the U.S. on a visa and will soon begin the process to apply for a green card, during which I understand I may not be able to leave the country for a period of time. I am concerned about whether comments I have made on random posts on TikTok, expressing disagreement with U.S.... View More

James L. Arrasmith
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answered on Mar 23, 2025

Social media screening has indeed become part of the immigration process in recent years, with officials having the authority to review applicants' online presence. While expressing political disagreements with U.S. policies is generally protected under free speech principles, the context and... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Alabama on
Q: Can police search when passed out on road?

Can the police search me and my vehicle when I'm passed out unconscious on the side of the road? The only visible sign of an emergency was me being unconscious. No one else interacted with the police during the incident, I was not informed of the reason for the search either before or after it... View More

James L. Arrasmith
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answered on Mar 24, 2025

If you were unconscious on the side of the road, police might argue they had a reason to check on your well-being under what's called the *community caretaking* or *emergency aid* exception. This means if they believed you needed medical help, they could approach and even search for things... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Alabama on
Q: Can I record a call from Florida without notice in Alabama?

I am located in Alabama, and I received a call from a county clerk in Florida, which is a two-party consent state. I want to record the call to have a record of it. Is it legal for me to record this call without informing the other party?

James L. Arrasmith
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answered on Mar 23, 2025

When dealing with interstate phone calls and recording laws, you're navigating a complex legal situation that depends on which state's laws apply.

In your specific case, Alabama is a one-party consent state, which would normally allow you to record conversations you're part...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: what to do if my boyfriend had a arrest warrant out of fl and they arrested him solely on it in fort payne al and he sig
James L. Arrasmith
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answered on Jan 15, 2025

If your boyfriend was arrested in Alabama on a Florida warrant, you'll want to first contact the jail where he's being held to understand his status and get his inmate number. This information will be crucial for staying in touch and coordinating next steps.

Your boyfriend will...
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1 Answer | Asked in Constitutional Law for Alabama on
Q: In Alabama is a vehicle equipment violation (the old license plate light out is a favorite) grounds for search?

If no open alcohol containers,controlled substances or " possible smells of alcohol or controlled substances is present. In other words the only thing wrong is the equipment violation.

James L. Arrasmith
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answered on Dec 30, 2024

If you're pulled over in Alabama for a minor equipment violation like a license plate light being out, it's important to understand your rights. Typically, such a violation alone does not provide law enforcement with the authority to search your vehicle. Without any signs of open alcohol... View More

1 Answer | Asked in Native American Law, Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If probable cause was obtained from officer with no jurisdiction on tribal land is search warrant valid?

City police officer made an arrest of a tribal member at a house on the reservation without jurisdiction. City officer later told tribal police, the residence smelled of Marijuana. Two days later tribal police served search warrant at the residence based on the information obtained from City... View More

James L. Arrasmith
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answered on Oct 29, 2024

In your situation, the search warrant may be invalid due to the initial officer lacking jurisdiction on tribal land. Tribal sovereignty means that tribal police have primary authority on reservations, and actions by non-tribal officers can complicate legal processes.

Since the city officer...
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1 Answer | Asked in Criminal Law, Family Law and Constitutional Law for Alabama on
Q: Falsely arrested and gun was unlawfully taken no right read to me was shoved into the cop car with known panic disorder

I was falsely arrested after hearing someone had been touching my underage cousin, I told the man accused of it to get off my porch, he screamed in my face and so I pushed myself past him.this man has also been creeping around my window when I have a date with someone trying to listen to us (which... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this difficult situation. It's important to consult with a legal professional who can review the specifics of your case. If you don't have the means to hire a private attorney, accepting a court-appointed lawyer is a viable option to ensure you... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Alabama on
Q: What can I do if my son has been falsely accused of making a threat to the school. It was assumptions and accusations.

A peer said he over heard my son saying he was going to shoot up the school when truthfully my son was talking back and fourth with a classmate friend saying they would put a cap in each other as they have done several times, my son was detained for two nights in the detention center behind a boy... View More

James L. Arrasmith
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answered on Sep 24, 2024

I'm sorry you're going through this—it sounds like an incredibly stressful situation. When a false accusation like this happens, you can take a few steps to protect your son’s rights and reputation. First, you may want to consult with a legal professional experienced in juvenile... View More

1 Answer | Asked in Constitutional Law for Alabama on
Q: Can police pull me over for having a valid and active temporary tag on my vehicle if I am not violating any codes?

I was driving from Tallassee to auburn and was pulled over for no reason except that I am using a temporary tag, asked to identify and provide paperwork.

James L. Arrasmith
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answered on Sep 12, 2024

Yes, police can pull you over if they have a reason to believe there might be an issue with your temporary tag, even if it is valid and active. Temporary tags can sometimes be flagged due to expired status, improper display, or if they suspect the tag is fraudulent. However, driving with a valid... View More

1 Answer | Asked in Constitutional Law for Alabama on
Q: Can my 18 year old son conceal carry, open carry, and/or get a concealed carry permit in Dale County, Alabama?
James L. Arrasmith
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answered on Aug 5, 2024

In Alabama, the laws regarding carrying firearms vary depending on the type of carry. At 18 years old, your son is allowed to open carry a firearm without a permit in public places, as long as he follows state regulations and does not bring the firearm to prohibited areas like schools or government... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: My son is in a ga jail on identity theft fraud charges. Almost a year in and still no trial. He's got jumped and had to

Have surgery, still no bond. Took to court house but no trial. What can I do to help him get out.

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about your son's situation. One option you can consider is contacting a defense attorney who can advocate for his rights, including pushing for a speedy trial. The Sixth Amendment guarantees the right to a speedy trial, and an attorney can help address any delays.... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Personal Injury for Alabama on
Q: I am a civil prose litigant who is recovering from a judge ordering the bailiff to assault and arrest me over and over

This happened in 2020 and I would like to sue for damages I’ve filed for civil rights violations but the sheriff refused to give me name of bailiff

John Michael Frick
John Michael Frick
answered on May 20, 2024

Your post does not contain a discernible question. You should reword it to ask the question you would like a lawyer to answer. For example: "What defenses should I expect a judge and/or bailiff to raise if I file a lawsuit? How much do attorneys in this area of law typically charge in and... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: I was arrested in charged with cocaine sales 40 years ago not been any real trouble since how doI APPLY FOR PARDON

If every citizen has a right to bear arms will that include me?someone said a shotgun for protection? I WOULD love to vote also

James L. Arrasmith
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answered on May 24, 2024

To apply for a pardon for your cocaine sales conviction from 40 years ago, you'll need to follow the procedures specific to your state. Typically, this involves submitting a formal application to the governor's office or a designated pardons board, including detailed information about... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Illegal search and seize? Was my rights violated?

I'm in Alabama and was arrested. The vehicle i.was riding as a passenger in with my boyfriend was pulled over by the police. They start yelling over the PA or something from driver to put his hands out the window and make some back up out towards them. I'm going to do the same thing for... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you provided, there are a few potential issues with the actions of the police officers during your arrest. However, whether your rights were violated would depend on additional details and the specific circumstances of the situation.

1. Probable Cause: The police...
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1 Answer | Asked in Criminal Law and Constitutional Law for Alabama on
Q: Does double jeopardy law apply in Alabama when the same charges and facts of a case are used twice for convictions

If someone's probation was violated for catching certain charges and he was told in a quart of all that his probation was being violated because of those charges and had papers showing the charges on there as the exact reason why they're sending them back to prison and years later when he... View More

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answered on Apr 4, 2024

In the United States, the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution protects individuals from being prosecuted or punished twice for the same offense. This protection applies to all states, including Alabama, through the Fourteenth Amendment's Due Process Clause.... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: Right to travel never have received a driver's license or permit?

Fighting traffic court

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 11, 2024

If you attempt to assert free travel as a defense to no license, then you lose. Driving is a privilege, not a right. You can travel freely by walking all you please, but you don't have the right to use state and federal roads without being granted the privilege. You'll lose in court,... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If officers cannot physically produce the evidence that they gained during their search can the case be thrown out

They cannot produce the gun they claim they found during traffic stop

James L. Arrasmith
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answered on Feb 4, 2024

In a legal case, if law enforcement officers cannot produce crucial evidence, such as the gun they claim to have found during a traffic stop, it can potentially weaken their case. The inability to produce physical evidence may raise questions about the credibility of their claims. However, whether... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alabama on
Q: Made a deal with Thomasville police and now they didn't hold up to their end of the deal. WHat do I need to do?

I got arrested and Baldwin County had ahold on me for an arrested years ago. Well I sat 9 days and made a deal with the cops. I signed up to be a CI. Well come to find put the arresting officer is no longer with Thomasville. Well apparently he didn't hold up tob his end of the deal. Now I... View More

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answered on Jan 27, 2024

I'm sorry to hear the police did not follow through on their end of your deal after you agreed to cooperate with them. Here are a few options you may want to consider pursuing:

1. Contact the police department and speak to a supervisor about the situation. Explain that you had an...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Alabama on
Q: Law or regulations with obligations regarding late mortgage assistance paymt made by state housing finance authority

Alabama housing finance authority made late payment while receiving assistance and it was reported on credit, 7 years, ruining credit and financial stability the rest of my life. Have no chance of getting home equity loan to pay off debt. Without loan, I will lose house, leaving me homeless. What... View More

James L. Arrasmith
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answered on Jan 10, 2024

I understand your concerns about the late mortgage assistance payment impacting your credit and financial stability. In situations like this, the legal responsibilities and potential recourse can vary based on specific circumstances and state laws. Generally, state housing finance authorities are... View More

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