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Arizona Civil Rights Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Arizona on
Q: when you're stopped on your bicycle the reason being no lights can they take your pocket knife from your hip that is 2"

I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the... View More

Brad Rideout
Brad Rideout
answered on Oct 30, 2023

If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest.

Sounds like you pocketknife was legal. See the following blog on knives in Arizona...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Arizona on
Q: If my granddaughter lives in NM and I reside in AZ, where do I file for grandparents visitation rights? Az or NM?

Unfortunately my ex daughter in law makes it merely impossible for me to have the right to visit my granddaughter. There's other circumstances between her and my son going on but my concern is me not being able to see her more while they go back and forth with their visitation arrangements.

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

New Mexico

1 Answer | Asked in Civil Rights, Education Law and Internet Law for Arizona on
Q: Is their a loop hole I can get through here?

Hi! I am a high school student who is trying to record my teacher being verbally hostile towards me. I went to my principle and asked if I could record my teacher doing these things, She said it would be inappropriate use of an electronic device. And that she can't do anything about it.... View More

James L. Arrasmith
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answered on Oct 18, 2023

It's essential to approach this matter with caution. While your intent to document inappropriate behavior is understandable, bypassing school rules could lead to disciplinary action. Instead of directly recording, consider documenting each incident in writing, noting date, time, and details.... View More

1 Answer | Asked in Civil Rights for Arizona on
Q: how do i get my possession back from someone who used false landlord tenant act to steal my things

there was a false eviction done and sheriff was used by the individual to have me removed from property and while i was in jail he got a uhaul and took all of my possessions. the police are no help in getting my things back and fyi he was not the landlord i was not renting. how to i proceed to get... View More

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

You can file a lawsuit for replevin against the person who took your possessions.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: When a search warrant has ( the four corners rule ) On the search warrant what is the reason for this

Said search warrant had only non residents on it yet covered in the broad east meaning possible Also what part of the warrant does the judge actually see when the four corners rule is used

James L. Arrasmith
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answered on Sep 11, 2023

"The four corners rule" in the context of search warrants refers to the legal principle that a judge should only consider the information contained within the four corners of the affidavit - that is, the written document itself - when determining whether there is probable cause to issue... View More

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Arizona on
Q: Can a former employer send a copy of a child support wage order to a family member via text without consent ?

former employee has not been employed by the former employer for a year. The sister did not request to see the wage order. The employer sent it to prove he wasn't responsible for being the cause of another legal matter. Was this legal and if not what would be the be coarse of action for the... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

A child support wage withholding order is a public record. A former employee has no reasonable expectation of privacy with respect to a former employer disseminating a public record without the employee’s consent as such consent is not required.

1 Answer | Asked in Civil Rights, Employment Law and Health Care Law for Arizona on
Q: While on short term disability diagnosis with cancer the company said they were separating me from the company.

I am 74 years old. I know I was released because of my health and age. Start date 7/20/15-9/20/23. This case is scheduled with the EEOC on 120/23. Can a company legally do this?

Jessica Miller
Jessica Miller
answered on Sep 14, 2023

It depends on the reason the company gave for your separation. If they told you that you were being released due to your health and age, then you may have a legal claim against them if you were still able to perform the essential functions of your position.

If they gave you a different...
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1 Answer | Asked in Civil Rights and Medical Malpractice for Arizona on
Q: can i sue a hospital for giving my medical info to a 3rd party with out my consent and with out a court order
Joel Gary Selik
Joel Gary Selik
answered on Aug 27, 2023

Yes. But, what you could recover might not warrant the expense.

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: In Arizona can I fly American flag with a bald eagle in the center of it?

My HOA says it's a state law that I can't

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Your HOA is correct. Under Arizona law, an HOA cannot adopt a rule that prohibits you from displaying the US flag in accordance with the federal Flag Act.

The federal Flag Act provides: "The flag should never have placed upon it, nor on any part of it, nor attached to it any mark,...
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Q: When is violations of constitutional rights going to be stopped?. Payson Gila County law enforcement

Violently arrested more than once without good cause while attempting to file my awarded appeal.

Joel Friedman
Joel Friedman
answered on May 9, 2023

I apologize to the person submitting the question, but I don't understand how this is a work injury related question. There is no Industrial Commission office in Payson, only in Phoenix and Tucson, and an appeal would be filed there or at the Arizona Court of Appeals, again with locations only... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Can I be arrested and charged with a crime without being present or aware of the crime

I was pulled over for speeding and the officer was asking me about my recent arrest and I was unaware of this arrest. He informed me I had been arrested a week prior and charged with fraudulent schemes and taking identity of another. I was not present for this arrest and had no knowledge of this... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on May 7, 2023

One possibility is that the Court may have issued a summons and after you failed to appear at your court date, an arrest warrant issued. It could be that you never were aware of the summons and it was sent to a bad address. You should consult a criminal defense lawyer to go in greater detail and... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Can A minor being charged with a crime be interviewed without a parent or attorney present..

Also can the News Media have rights to broadcast a minor identity as well as false information

James L. Arrasmith
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answered on Apr 6, 2023

In the United States, a minor who is being charged with a crime generally has the right to have a parent or attorney present during questioning. This is to ensure that the minor's rights are protected and that they are not coerced into making statements that could incriminate them.... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Arizona on
Q: Judges duty, a judge knows but acts like she doesn't know. How to get her on that? Should I report this judge?

AZ family court. Judge is using unconfirmed drug test results to keep child from the father. Father has motioned asking for confirmation test results but judge ignores the motions. This judge has to know that the drug test results have to be confirmed in order to have standing. Judge is not doing... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2023

Typically, the mechanism to force a judge to do what he/she has a clear ministerial duty to do is called a writ of mandamus.

You should hire an appellate lawyer in Arizona to determine if the judge has a clear ministerial duty to order a confirmation drug test under the circumstances of...
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1 Answer | Asked in Employment Law, Civil Rights and Health Care Law for Arizona on
Q: Do I have to provide a healthcare provider's recommendation for reasonable accommodation if asked for by my employer?

Currently requesting an ADA accommodation due to my high anxiety working in office at my workplace. I am diagnosed with Bipolar 1 and have had a history of anxiety. I let my company know about my disability; however, to approve the request, I am required to provide proof of disability and... View More

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Anxiety can be, but is not necessarily, a disability under the ADA. It must interfere with major life activities like eating, walking, dressing, etc to be considered a disability.

The employer has the right to request documentation.

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Why would a judge order a dismissal and civil judgment in a civil rights suit?
James L. Arrasmith
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answered on Mar 2, 2023

A judge may order a dismissal and civil judgment in a civil rights suit for various reasons, such as:

Lack of evidence: If there is not enough evidence to support the plaintiff's claims, the judge may dismiss the case and enter a civil judgment in favor of the defendant....
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Arizona on
Q: How can the act of harvesting an animal to feed oneself require a license? I am basically required to have money to eat.

This has been bothering me more lately than usual as I am now homeless and have to feed myself and my dog with no money. I just cannot see how it is a legitimate per view of government to, in essence, require an individual to have the monetary capacity to feed themselves which is a basic human... View More

James L. Arrasmith
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answered on Mar 2, 2023

The requirement for a license to hunt or fish is based on the principle of conservation and management of wildlife resources. Hunting and fishing licenses help fund wildlife management and conservation efforts, such as habitat restoration, research, and education. Without these funds, it would be... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Arizona on
Q: Is there such a law as safe keeping towing by a government agency?? I lost nearly 80k plus in tools and vehicles

Trailers, van and Harley towed for safe keeping after arrested at campsite for misdemeanor ticket..BLM requested the tow knowing I would be back in less then 24 hrs..as the Sheriff said it was just protocol and I would be self released once processed.

James L. Arrasmith
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answered on Mar 2, 2023

There are generally laws that allow for government agencies to impound vehicles for safekeeping, but the specifics can vary by state and agency. Typically, the agency is required to provide notice to the owner of the vehicle and to provide an opportunity for the owner to retrieve the vehicle. If... View More

1 Answer | Asked in Civil Litigation, Personal Injury, Civil Rights and Constitutional Law for Arizona on
Q: Is claim a validable claim for a law suit

I was incarcerated at Maricopa county jail on during January 26th of 2023 and I was in a psychiatric unit at lower buckeye jail and I was I happened to not feel good I was throwing up about 6 to 7 times that day and I had asked the deal if she could call the nurse or call the medical so that they... View More

James L. Arrasmith
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answered on Mar 2, 2023

Based on the information provided, it is not clear what the claim is for. Please provide additional details and context for me to accurately determine if it is a valid claim for a lawsuit.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Arizona on
Q: How do I go about getting my son back. I was lied about in civil court and had a protective order placed against me

This came after I threatened my ex to have my son's mouth fixed because he had a mouthful of bad teeth. She took him from Utah to Colorado and left him with his half sister whom he had never met and she filed for emergency guardianship due to neglect. All of which was taking place without my... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

I'm sorry that I didn't see this sooner. I hope your son is with you now.

If he is not, you need to talk to a family law attorney in the state where he currently is about what you need to do to get that state to enforce the order of this Court.

If he is in Arizona,...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Civil Rights and Education Law for Arizona on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Obviously a case of this nature is not something a novice attorney ought to be handling. And, of course, it would be foolish to bring without an attorney at all.

There are a few attorneys who regularly sue colleges and universities for discrimination. Occasionally, advocacy groups fund...
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