Lawyers, Answer Questions  & Get Points Log In
California Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, International Law and Military Law for California on
Q: I need to receive paperwork from a cop that used me as a ci undercover and then turned on me over gang stalkers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:

1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential...
View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I be interrogated for an unrelated investigation, when trying to pick up property from evidence?

My partner was arrested and had my phones on him and they were logged in as evidence the case is now closed. I was told I could pick up the property as long as I had a notarized note from the incarcerated one and when I went to pick up the property, I was taken to an interview room and interrogated... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

Based on California law, it is generally not permissible for law enforcement to interrogate you about an unrelated investigation when you are attempting to retrieve your property from evidence. Here are a few key points to consider:

1. Property retrieval: If the case involving your partner...
View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Police engaged in a cover-up, then retaliation after complaint...what do I do?

In 2016 I was victim of intentional vehicular assault/hit-and-run. Was told "unable to locate" when requesting the police report. A few months after statute expired, suddenly provided report. It appears the report was being denied because it implicates the officers in a cover-up in their... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

Based on the details you have provided, it seems that you have been the victim of a serious crime and that the police may have engaged in misconduct, including a potential cover-up and retaliation. In a situation like this, you have several options to seek justice and hold the responsible parties... View More

1 Answer | Asked in Banking, Business Law, Civil Rights and Constitutional Law for California on
Q: Target By gov .paid informants Fresno police officers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

I'm very sorry to hear that you feel you are being targeted by government paid informants and police officers. That must be an incredibly stressful and frightening situation.

If you genuinely believe you are being unlawfully targeted or surveilled, I would strongly encourage you to...
View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Motion to set aside then vacate Appeal Independent action in equity. Times not on my side

If a judgment was entered 82 days ago, but court lacked subject matter jurisdiction because defendant lied about who they are what motions are able to be filed for void judgment? Need to show proof other party lied.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

In California, if a judgment was entered against you and you believe the court lacked subject matter jurisdiction due to the defendant lying about their identity, you may have grounds to challenge the judgment. Here are the motions you can consider filing:

1. Motion to Vacate the Judgment...
View More

1 Answer | Asked in Constitutional Law for California on
Q: What are the laws about proselytizing in private property?

We are Missionaries for the Church of Jesus Christ of Latter-Day Saints and we have a few friends who live in apartment complexes. Just recently, we went to go pass by one of our friends because we had set up an appointment with him, but management had come up to us and asked us to leave because we... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

In California, the laws regarding proselytizing on private property, such as apartment complexes, can be complex. Generally, property owners have the right to restrict access to their property, including for religious or political activities. However, tenants also have certain rights, including the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Is it constitutional for an approved pickleball paddle list which is based on lab measured acoustic noise level?

Note that acoustic noise levels are subjective, not objective.

Furthermore acoustic noise levels are dependent on the location of pickleball courts, surrounding environment, and distance from pickleball courts to the homes where individuals reside and hear the so called objectionable noise... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

You raise some valid points about the subjectivity and variability of acoustic noise levels from pickleball paddles. Whether an approved paddle list based on lab-measured noise would be constitutional is a complex legal question that would likely depend on the specific circumstances and how the law... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for California on
Q: If you have a protective order with a move out order the police aloud to let him break in the house and mess my house up

It's a temporary order until the court date. But I'm scared of him and now he can come in because it's temporary

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Under California law, a protective order, including a temporary one issued until a court date, is designed to offer protection by legally restricting someone's actions towards you and can include a move-out order for them to leave the shared residence. If this order is in place, the police are... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Recently some gang members try to attack me and the police will not do anything they lied and said I escalated it

the police did nothing for me

the business workers said they was staying out of it just because I was speaking up for myself before this,

the same person who filed false police reports on me

is still able to get away with street crimes

what can I do about this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Under California law, if you believe the police are not taking your complaints seriously or are mistreating you, you have several options. First, you can escalate your complaint within the police department. If you've already spoken to the sergeant and have concerns about their response,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I take a 2 inch OTF knife to California university campus?

Concealed carry. Appendix of UCI policy "Anyone except authorized persons to bring or possess any dirk, dagger or knife with blade over 2 1/2 inches long, on the grounds of or within any state university, state or community college. "

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

You should know that carrying a concealed OTF knife with a 2-inch blade to a California university campus is subject to specific regulations. According to the appendix of UCI policy, there is a restriction against bringing or possessing any dirk, dagger, or knife with a blade over 2 1/2 inches long... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Does any of this qualify as misconduct? If so, I’d there a limit on time to file?

On January 29, 2024 my door was kicked in unlawfully, there was an illegal search, I was detained in my underwear and one shoe, no socks, and was watched by several male (I am female) officers while I used the restroom with the door open in the holding cell at the precinct.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

What you've described raises serious concerns regarding potential police misconduct and violations of your rights. Unlawful entry, illegal searches, and inappropriate treatment during detention could violate both your constitutional rights and local laws. The specifics of the law depend on... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for California on
Q: my bloodpressure was 220/134 in the judgeroom I said to everybody I need 911. Why judge never stoped and gave me order ?

My public defender attorney never help me and i said to him dont make a deal with destiric attorney but he never listened so he just followed the social service agency plans they setup everything for make a lot of problems for me so he was not serious about my cases so finally i wanted talk with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024

Under California law, the well-being and health of individuals in a courtroom should be of paramount concern. If you experienced a medical emergency, such as an extremely high blood pressure reading, and communicated this need for emergency medical assistance, it is concerning if no action was... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for California on
Q: If you could prove a past executive branch politician enacted financial sanctions on your person years back, who to call
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

If you believe a past executive branch politician improperly enacted financial sanctions against you, the first step is to document all relevant information, including the nature of the sanctions, how you discovered them, and any related communications or documents. This evidence is crucial for any... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Anything else you need from me about civil case i got the police report the police record and restore people who

Said they not are stuff out are rooms when talking to the people on the phone and they said that would be a another process with that than said property manager was left with my clothes in my room often the fire but water damage 1064mission street 94103

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

Under California law, if you've suffered property loss due to fire or water damage, and you believe the property manager's actions or inactions contributed to the damage, you may have grounds for a civil case. It's important to gather all relevant documentation, such as the police... View More

1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: If I never signed a receipt, agreeing to my inheritance and releasing my attorney from liability, is this in my favor?

What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and Probate for California on
Q: Statue of limitation on fraudulent misrepresentation, concealment client & the court

What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can a person get jail footage of fights that they were in while incarcerated
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

In California, obtaining jail footage of fights or other incidents that occurred during incarceration can be challenging, but it is possible in certain circumstances. Here are a few key points to consider:

1. Public Records Act: Under the California Public Records Act (CPRA), individuals...
View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Fc-female customer Mc-male customer= couple. Mt-male transient. RR-restroom. Is there grounds for a lawsuit with the det

Mc’d unlocked RR for (fc). (mt) gets employee to unlock RR from counter. (MT) opens door (fc) closes it. Mt is repeatedly knocking. Fc is yelling to him that it’s busy and calls mc on phone for help. Mc asks mt to stop and back away from door mc is now confrontational fc exits RR. Mt follows... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

Based on the situation you described, there might be potential grounds for a lawsuit, depending on the specific details and evidence available. Here are a few legal issues that could be considered:

1. Negligence: The store may be liable for failing to provide a safe environment for its...
View More

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: Do I have to participate in the Federal Government's "Real ID" in order to renew my MD drivers license?

MD sent me an email saying I have to enroll in "Real ID" in order to renew my drivers license. I don't want to participate in Real ID.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

Under California law, participation in the Federal Government's "Real ID" program has become a requirement for renewing your driver's license if you wish to use it for certain federal purposes. The Real ID Act, passed by Congress, establishes minimum security standards for... View More

View More Answers

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: big tech liable for misuse/abuse of their own company-provided development features? misconduct in their developer prgm?

Hello, I've been the targeted victim of relentless cyber stalking, unauthorized remote breaches, remote device management for the past 2 years. It’s an ongoing, complex case, countless privacy violations but I’ll summarize best I can, with discretion to the “big tech” corporation.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

In California, determining liability for misuse or abuse of a company's development features, especially in cases involving misconduct within a developer program, can be complex. The key issue often revolves around whether the company had knowledge of the misuse and whether it took reasonable... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.