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Arkansas Constitutional Law Questions & Answers
0 Answers | Asked in Civil Rights, Constitutional Law and Municipal Law for Arkansas on
Q: Are code enforcement officers subject to the same restrictions placed on other officers, such as warrant requirements?

We have a code enforcement officer who has been charged and settled out of court for violating a plaintiff's 1st, 4th amendment rights while employed by another city. He continues to do these things now, claiming he cannot be trespassed, that he does not need a warrant to gather evidence from... Read more »

0 Answers | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: If the police picked up someone to take to certain place, place didn't take them, can they hold them in jail?

The pick up order was to a rehab but when they assessed her they wouldn't take her, so the police just stuck her in jail. She is not in trouble, her dad, the female is well over 18 yr, wrote statement she is on drugs. I have never saw her touch drugs, passing the assessment proved it. Her dad... Read more »

0 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: Inmates rights to privacy in correspondence and visitation with personal clergy

What are the inmate/clergy gifts and what are the prison policies and regulations regarding g visiting clergy in arkasas

0 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: What are inmates rights to privacy regarding visiting clergy in arkansas

Can prisons monitor or record correspondence or visitations of inmates by their own clergy

0 Answers | Asked in Constitutional Law for Arkansas on
Q: Is it legal for police to make a resident leave their own home as well as give them their house key and tell them they

Are not allowed to enter their home until a search warrant is signed by a judge? Crime was not committed by any of the home owners nor on their property.

1 Answer | Asked in Personal Injury, Civil Litigation and Constitutional Law for Arkansas on
Q: What if they put they the wrong birthplace on my charges
Tim Akpinar
Tim Akpinar answered on Mar 14, 2022

An Arkansas attorney could advise best, but your post remains open for four weeks. Something is not clear, as your post mentions charges but is under Personal Injury and Civil Litigation. A criminal attorney should advise on anything involving the term "charges," but under civil... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Arkansas on
Q: is it legal for an officer to bring out k9 on my vehicle over a traffic violation and no warrant or probrital cause

they stopped me originally over a tag lights being out and immediately started wanting to search my vehicle for no reason wat so ever

W. Whitfield Hyman
W. Whitfield Hyman answered on Aug 27, 2021

They have to have reasonable suspicion to ruin the dog or they have to have another person running the dog while they continue writing you a traffic ticket

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: If I have a warrant from county (a) & have an upcoming court date for county (b) can (b) hold me for(a)2come get me
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 4, 2021

As a general rule of thumb, yes, the court for one county can serve the warrant for the other and arrest you (to allow the transfer). It does make a difference if the warrant was from another state though since many states, including Arkansas, often don't arrest individuals appearing in their... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: In Arkansas is it legal to walk around in public with a sword that's sheathed?

I know in Arkansas you can carry any sized knife concealed or open carry as long as you don't have any intent to harm anyone. Does this work for swords too?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 5, 2020

Yes

1 Answer | Asked in Constitutional Law for Arkansas on
Q: Is Arkansas a constitutional carry state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Jul 13, 2020

Under state law you can carry concealed with or without a license in all but government owned places.

For all the caveats, see this blog:

http://www.arkansaslawking.com/where-can-you-carry-a-gun-in-arkansas/

But there have been two court cases since this blog and the...
Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: The police arrested my friend for having a handgun in his pocket. Isn’t Arkansas a permitless carry state taff v state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 5, 2020

Yes and another case came down Thursday confirming that again. These police officers broke the law and your friend could probably sue them. I defend these cases and sue over constitutional violations, another attorney and I just won this case:

See:...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arkansas on
Q: Can we be denied the autopsy report if my loved one died in custody of the state?
James E Hensley Jr
James E Hensley Jr answered on Jan 27, 2020

The information below is a general statement regarding autopsy reports. There are forms on the Arkansas State Crime Lab Website that may assist you in obtaining the report. Typically, once the autopsy report is released to Law Enforcement Officials the information is public and you can use the... Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Arkansas on
Q: How do I obtain the status of sort of which has no implied obligation and has immunity without recourse of said entity?

How to make claim of status as a free man and only acting agent of said entity

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 30, 2019

This is sovereign citizen nonsense. Do yourself a favor and forget it and move on.

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: I know someone in the state of Arkansas doing tattoos out of her house. I have LOTS of pictures for proof

Also has a 10 year old daughter living with her. What are the penalties?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 23, 2019

I hope you don't turn them in because that is such a dumb law. I don't know what the penalties are, probably a small fine.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Intellectual Property for Arkansas on
Q: I'm a victim of a crime me rights have been ignored

False my title

Gary Kollin
Gary Kollin answered on Sep 30, 2019

If you think do, then consult with an attorney in person

1 Answer | Asked in Civil Rights, Criminal Law, Constitutional Law and Juvenile Law for Arkansas on
Q: A 17 year old, completely finished with high school, can not be questioned by police without parental permission in AR?

A off duty police officer set up a meeting with my niece to talk to her. she stopped her the day before. The officer was intimate with by niece boyfriend and thought my niece knew about the relationship. My niece didn't know anything. The traffic stop was full of open threats from the officer... Read more »

Gary Kollin
Gary Kollin answered on Jun 30, 2019

There is no way a comprehensive answer can be provided here.

You need to retain counsel

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: I filed a police report over being assaulted, and they never even investigated it

He had been convicted of a similar offence. He was never even questioned. No action was taken

Gary Kollin
Gary Kollin answered on Jun 23, 2019

And your question is.

The police have full discretion

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: If someone were attempting to steal my car, is the use of deadly force justified?

Under current Arkansas law, if I believed that someone were attempting to steal my vehicle which is parked under my carport at my home, would the use of deadly force be justified?

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

No, because you believe they are attempting to steal the vehicle. If you reasonably believe force is necessary to prevent death or great bodily harm, then, you are in a MUCH better position. The carport is likely considered curtilage (basically, an extension of the home) but the main issue is... Read more »

1 Answer | Asked in Constitutional Law for Arkansas on
Q: Would it be possible to get a ban reversed on an interactive website for infringing on my 1st Amendment rights?

I have been banned from a website for "hate speech". Given that the SCOTUS has ruled that "hate speech" was protected under the 1st Amendment, as well as Judge Naomi Buchwald ruling that the President's Twitter is a "public forum" so he cannot ban people, as well... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on May 26, 2019

Private entities can't violate your rights to free speech. Exceptions would include things like the government is using a Facebook page and then blocks you from that Facebook page. Unless you're more specific, what you have described does not sound like a free speech violation.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Arkansas on
Q: My girlfriend is in trouble with Crawford and Sebastian County. Need pro Bono help?

She's facing multiple drug charges and failure to appear charge. She has medical issues and only began to get in trouble since this January. I can't find anyone to help. I believe that she was coerced into some things. Her history is that of abuse and neglect. She had a really bad head... Read more »

James E Hensley Jr
James E Hensley Jr answered on Aug 27, 2018

I'll tell you that the Public Defenders who I deal with are excellent at their jobs. No, they do not have a lot of time for hand-holding. They certainly not available for family or boyfriends. Lawyers are not able to do pro bono work for criminal cases because there is the Public... Read more »

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