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Arizona Constitutional Law Questions & Answers
Q: What legal options do I have after my son's father kidnapped him in AZ?

My son's father kidnapped him on August 24th, 2023, from my protected address on my tribal reservation, despite having an active order of protection. The Bureau of Indian Affairs took no action, and there was no Amber Alert issued. Before this incident, I hadn't seen him in 11 months, and... View More

James L. Arrasmith
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answered on Nov 10, 2025

You have two tracks to move on immediately: get enforcement and get custody orders in place. Report the violation of your protection order and the abduction to tribal police and the county sheriff, and ask the prosecutor to pursue custodial-interference and protection-order charges. If the taking... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: Was a traffic stop and search valid based on expired tag suspicion?

On October 25, 2025, I was a passenger in a vehicle traveling from Camp Verde, AZ. We were stopped by Police Against Narcotic Trafficking (PANT) officers near Mayer, AZ. The officers claimed our license plate tag appeared expired, although the vehicle had a valid temporary registration covering the... View More

James L. Arrasmith
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answered on Nov 8, 2025

You can challenge the stop by arguing the officers lacked reasonable suspicion of a registration violation. A valid temporary registration that obscures a permanent plate often undercuts any claim that your tag “appeared expired,” because the lawfulness of a stop turns on what the officers... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Employment Law for Arizona on
Q: Am I ineligible for a firearm purchase due to past mental hospitalization?

I was voluntarily admitted to a mental hospital by my parents when I was 16 years old. This was over 10 years ago, and since then, I have addressed my mental health. I have not attempted to purchase a firearm. Am I ineligible to purchase a firearm due to this past hospitalization?

James L. Arrasmith
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answered on Oct 13, 2025

In most cases, a voluntary mental health hospitalization as a minor does not make you permanently ineligible to purchase a firearm. Federal law restricts firearm ownership for individuals who have been **involuntarily committed** to a mental institution or legally adjudicated as mentally... View More

Q: How do I pursue a defamation and negligence case in Arizona Superior Court as a former foster caregiver?

I am a former foster caregiver to two high-needs Indigenous children in Arizona. Horizon Health & Wellness was assigned as the Behavioral Health Home (BHH) to coordinate services, but for months, services were delayed or not provided. Horizon claimed a missing Release of Information (ROI) was... View More

James L. Arrasmith
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answered on Oct 10, 2025

It sounds like you’ve been through an extremely difficult experience, especially when false accusations and negligence affected both your reputation and the children in your care. Since you’ve already served a Notice of Claim, that’s an important first step in preserving your right to sue... View More

2 Answers | Asked in Constitutional Law, Gov & Administrative Law and Criminal Law for Arizona on
Q: Do I need to open my door if a cop knocks but doesn’t announce themselves?

Do I have to open the door if a cop knocks at midnight but does not announce themselves? I was asleep when they knocked 4 or 5 times about 30 minutes ago, but haven't since then. There was no prior interaction or notice with law enforcement, and when I checked through the peephole, the officer... View More

Charlie  Naegle
Charlie Naegle
answered on Sep 26, 2025

Only if they have a warrant, but if they are not announcing that then how are you supposed to know.

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1 Answer | Asked in Civil Rights, Constitutional Law and Immigration Law for Arizona on
Q: What are my rights if ICE detains me based on appearance or accent?

As a naturalized Hispanic citizen, I'm concerned about recent Supreme Court rulings. If ICE detains me based on my appearance or accent, what rights do I have? I've heard of incidents where citizens were detained, had their IDs confiscated, and were denied legal representation and... View More

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answered on Sep 9, 2025

You cannot be stopped or detained by ICE solely because of your appearance or accent, and any detention requires reasonable suspicion or probable cause consistent with the Fourth and Fifth Amendments. You may ask, “Am I free to leave?” and if the answer is no, you may state that you will remain... View More

1 Answer | Asked in Employment Law and Constitutional Law for Arizona on
Q: Can employers use audio recordings for discipline without informing employees?

Is it legal for an employer in a one-party consent state to install cameras with audio recording without informing employees initially, and then use these recordings for disciplinary actions despite there being no company policy regarding such recordings?

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answered on Sep 6, 2025

In a one-party consent state, it is generally legal for an employer to record audio as long as at least one party to the conversation knows about the recording. This means that if the employer is part of the conversation, they usually do not need to inform employees beforehand. However, using... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Coercion by FBI, DEA & false accusations impacting freedom

I've been facing coercion and interference from the FBI, DEA, and US Marshals, linked to a case involving my mother and extending to widespread false accusations. Individuals from my hometown in Erie, Pennsylvania, and Harborcreek have been recruited to damage my reputation. Attempts to seek... View More

James L. Arrasmith
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answered on Aug 31, 2025

What you describe is very heavy to carry, especially when it feels like powerful agencies and local individuals are working against you. The combination of coercion, intimidation, and false accusations can leave you feeling cornered and cut off from legal help. It’s important to remember that you... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Arizona on
Q: Denied public defender in Arizona despite charges with jail time potential

Both my boyfriend and I are being denied public defenders in Cochise County, Arizona, on the grounds that it's a misdemeanor case with no jail time as part of the sentence. Despite this, my boyfriend has already been to jail, and our charges include potential jail sentences. We are facing... View More

James L. Arrasmith
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answered on Sep 8, 2025

For your upcoming court hearing, the first step is to immediately inform the judge that you and your boyfriend were denied public defenders despite facing charges with potential jail time. Explain clearly that the denial contradicts your constitutional right to counsel under the Sixth Amendment,... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Arizona on
Q: Can police search a locked truck bed without a warrant if stopped for window tint violations?

Can police search the locked bed of a truck without a warrant or permission if the truck was initially stopped for window tint violations? They stated probable cause for searching inside the truck, which resulted in the discovery of personal-use items on individuals and in a box found in the... View More

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answered on Sep 8, 2025

When you are stopped for a traffic violation like tinted windows, the scope of the stop is supposed to be limited to that violation unless officers develop legitimate probable cause of another crime. To legally search your vehicle, including locked compartments like a truck bed, police generally... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Help needed for civil rights violations in AZ criminal case, pre-trial stage.

I am facing a criminal case involving multiple constitutional violations. My right to a speedy trial has been denied as I was indicted 3 years ago but was unaware due to being under federal custody at the time. Additionally, I have experienced due process violations as there was no detainer filed... View More

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answered on Sep 8, 2025

It sounds like you are carrying a very heavy burden, and your situation involves fundamental constitutional concerns. When you are indicted but not notified while in federal custody, the clock for your right to a speedy trial should not simply be ignored. The lack of a detainer being filed raises... View More

1 Answer | Asked in Immigration Law, Constitutional Law and Family Law for Arizona on
Q: Is my overseas marriage to a 17-year-old recognized in Arizona with an 8-year age difference?

I recently got married overseas to a 17-year-old, while I am 25. The marriage was legal and officially documented, with marriage certificates issued. Upon my return, I filed an I-130 application with all necessary documents. According to A.R.S. § 25-112, if the marriage is legal where it took... View More

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answered on Aug 20, 2025

Arizona law draws a clear line on this issue. Even though A.R.S. § 25-112 allows recognition of marriages that were valid where celebrated, Arizona does not recognize marriages that fall into categories it considers void or against public policy. A.R.S. § 25-102 specifically requires that when... View More

1 Answer | Asked in Constitutional Law and Traffic Tickets for Arizona on
Q: Is it mandatory to wait over an hour for a K9 unit if a vehicle search is denied in Navajo County?

In Navajo County, I was pulled over for speeding. I denied the officer's request to search my vehicle, and as a result, he made me wait for over an hour and a half for a K9 unit to arrive. Is it mandatory for officers to keep someone waiting for such a long time if they refuse a vehicle search?

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answered on Jul 4, 2025

You do not have to wait indefinitely simply because you refused consent to a search.

Under the Fourth Amendment, officers may briefly detain you to complete the mission of the traffic stop—issuing a citation and checking your license and registration—but they cannot prolong your...
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1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Arizona on
Q: State indictment delay: Possession charges. Seeking advice on constitutional rights violation.

I was under federal custody when I was indicted by the state, but I wasn't notified until three years later. I'm facing two charges for possession of a dangerous drug and paraphernalia. The case was sealed, and I believe the statute of limitations was almost up. It has been going on for... View More

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answered on Jun 11, 2025

You're absolutely right to be concerned. A delay of three years before you're even notified of an indictment, especially while you're in federal custody, raises serious questions about due process and your constitutional right to a speedy trial. The government has a duty to make... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: What are Arizona laws for 3D printing firearms for personal use?

I'm interested in understanding the applicable laws in Arizona regarding 3D printing firearms for personal use. I do not plan on selling or distributing them, and I have no prior experience or contact with law enforcement concerning firearms. I also have not consulted any legal experts about... View More

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answered on Jun 10, 2025

In Arizona, it is currently legal for you to 3D print a firearm for personal use, as long as you are not prohibited from owning or possessing firearms under state or federal law. You do not need to register the weapon or apply for a serial number if the gun is for personal use and never leaves your... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Arizona on
Q: Is it legal to re-militarize the main gun of a demilitarized tank for recreational use?

I am considering purchasing a demilitarized tank and am interested in knowing whether it is legal to re-militarize the main gun for recreational use, such as shooting at a range for fun. I understand that owning a tank is allowed, but I am unsure about the laws regarding modifying its weaponry. I... View More

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answered on May 15, 2025

Re-militarizing the main gun of a demilitarized tank is not something you can legally do without going through very strict federal regulations. Under U.S. law, the main cannon on a tank is classified as a "destructive device" by the Bureau of Alcohol, Tobacco, Firearms and Explosives... View More

2 Answers | Asked in Constitutional Law, Criminal Law and Appeals / Appellate Law for Arizona on
Q: Were my due process rights violated when charges were filed without my knowledge while in prison?

I was in prison when new charges were filed against me. About three months after a detective spoke to me in prison, I later discovered these charges had been formally filed, but I was not made aware of them during the remaining year of my prison term. No notifications were provided to me regarding... View More

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answered on May 12, 2025

Due process typically refers to you having the right to have any criminal case go through a court system, where you will eventually have your days in court to contest any charges. What it sounds like might be an issue is if you were served properly with a summons before the judge issued a warrant.... View More

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1 Answer | Asked in Constitutional Law, Criminal Law and Family Law for Arizona on
Q: Is it legal for first half-cousins once removed to be in a relationship in AZ?

I would like to know if it is legal for first half-cousins once removed to be in a relationship in Arizona, considering one person's grandparent is the other person's great-grandparent. Although they are not considering marriage, a malicious person is threatening to report them under ARS... View More

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answered on May 15, 2025

Your concern is completely understandable, especially when someone is threatening legal action over a family relationship that’s already emotionally complex. In Arizona, laws about relationships between relatives are specific, and they mostly focus on marriage and sexual conduct between certain... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Seeking an attorney for Section 1983 lawsuit on contingency involving DCS violations in Arizona.

I'm seeking assistance from an attorney who can take my federal civil rights lawsuit under section 1983 on contingency. The case involves a Department of Child Safety (DCS) action opened against me, violating my due process rights and my right to be free from illegal search and seizure. I have... View More

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answered on May 15, 2025

You're in a difficult situation, and it’s clear you've already put a lot of work into preparing your complaint. Section 1983 lawsuits involving alleged violations by a state agency like DCS can be emotionally draining and legally complex. Since you’re looking for a contingency... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Civil Litigation for Arizona on
Q: How can we revisit a death row sentence in Arizona based on new evidence and unfair trial issues?

My boyfriend is on death row in Arizona for two counts of murder. His appeal has been reopened, and I believe his original conviction was unfair. The evidence was circumstantial, and a potential alternate suspect who was subpoenaed never showed up, yet nothing was done about it. Additionally, the... View More

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answered on May 14, 2025

You can ask the trial court to grant a successive post‑conviction relief petition in Arizona, focusing on the suppressed roommate testimony and the uncalled alternate suspect as newly discovered evidence that undermines your boyfriend’s conviction.

In that petition, argue that...
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