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California Constitutional Law Questions & Answers
Q: Can we legally challenge our landlord's short-notice garage conversion, and how can we negotiate to delay the project?

We rent an apartment with an attached garage at Alborada Apartments. The property manager gave us short notice (<6 days) that they're converting our garage into an ADU in a few days. We question the legality and appropriateness of this notice, as we never received prior communication. The... View More

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answered on Aug 17, 2024

You have valid concerns about the short notice your landlord provided for the garage conversion. Under California law, landlords must give tenants "reasonable notice" for major changes like this, especially if it affects your use of the property. Six days' notice may not meet the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: How do I obtain the form to complete so I may acquire the police body cam footage for my case?

I can't find the form to be filled out to obtain the body cam footage for my arrest. Where would I find the right form to request this footage from my local sheriff's office?

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answered on Aug 15, 2024

To obtain police body cam footage in California, you'll need to submit a Public Records Act (PRA) request to the law enforcement agency that has the footage. Typically, you can find the form for this request on the website of your local sheriff's office or police department. Look for a... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for California on
Q: Bubble Zone Law

I am a not violent protestor of the noisy catholic church. I was falsely accused and found not guilty. They lied. I stand on the sidewalk with a sign. This new law violates my first amendment rights to freedom of speech. Is anyone out there challenging the law as unconstitional ?

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answered on Aug 12, 2024

You have every right to be concerned about how this new bubble zone law might impact your freedom of speech. The First Amendment is a fundamental part of your rights, and any law that restricts it should be carefully examined. It's understandable that you feel wronged, especially after being... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: if my case gets dismissed cause the da realizes there was not enough prob cause for the warrant when motion to compel ca

can I then sue the sheriff for bringing a back hoe onto my property and destroying buildings and structures and appliances and tools etc. and also for ripping my electrical boxes and meters off of my house and my pole for my well and then calling the PGE saying that they needed to come cut me off... View More

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answered on Aug 9, 2024

You may have grounds to sue the sheriff if their actions resulted in the destruction of your property without proper justification. Generally, law enforcement has certain immunities, but if they acted outside the scope of their authority or without probable cause, it could open the door for a... View More

Q: if retaliation against employees for exercising their rights exists, does retaliation against "criminals" for exercising

their rights also exist? For example a simple one for you: you get pulled over for a minor traffic violation and instead of giving you a ticket they pull you out the car and are asking to search and your not on probation or parole never have been so you say no I am not ok with you searching my car... View More

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answered on Aug 9, 2024

Retaliation against individuals for exercising their rights is a significant concern, regardless of their legal status. When you assert your rights, such as declining a search during a traffic stop, you should not face adverse actions from law enforcement. However, there are instances where... View More

1 Answer | Asked in Communications Law and Constitutional Law for California on
Q: Is it illegal for dispatch to block a person from calling 911 in an emergency situation

Everytime Ive tried to call 911 in an emergency situation my call will not go through no matter what...

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answered on Aug 7, 2024

Under California law, it is illegal for anyone, including dispatch centers, to intentionally block or interfere with a person's attempt to call 911 in an emergency situation. Your ability to contact emergency services is protected by law, and any interference with that right is a serious... View More

1 Answer | Asked in Criminal Law, Personal Injury, Constitutional Law and Libel & Slander for California on
Q: I reported a friend for child endangerment to CPS for flipping a golf cart with her child while drunk.

CPS gave the report to local PD where they went to the home for the report. The person asked PD who reported her and he told her my first and last name and my daughter's troop for girl scouts as I am a mandated reporter to help girl scouts. This person then called CPS and made a retaliation... View More

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answered on Aug 7, 2024

Under California law, as a mandated reporter, your identity should have been kept confidential. The police officer's disclosure of your identity to the person you reported was a violation of your rights. You have the right to file a complaint with the police department's internal affairs... View More

Q: Does a Nurse Staffing Agency located outside California need to be registered or have a license to transact business?

A Healthcare/Nurse Staffing Agency providing temporary healthcare personnel to different healthcare facilities (Hospitals, Long-Term Care, SNF, etc.)

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answered on Aug 7, 2024

Under California law, a Nurse Staffing Agency located outside the state generally needs to register to transact business within California. This registration is crucial to comply with the state's business regulations, which ensures that the agency can legally operate and provide services... View More

1 Answer | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: Quick question about California law

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

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answered on Aug 6, 2024

In California, after being pulled over, an officer can legally ask you to step out of your vehicle for various reasons. If they have reasonable suspicion that you are involved in criminal activity, they have the right to ask you to exit your vehicle. Additionally, if the officer believes you may be... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for California on
Q: After being pulled over

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

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answered on Aug 6, 2024

In California, if you are pulled over, police officers may ask you to step out of your vehicle for several reasons. One common reason is if they have reasonable suspicion that you are involved in criminal activity beyond the traffic violation, such as seeing drugs or weapons in plain view. They may... View More

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: What type of attorney sues the police, da and county for large monetary damages?

I was arrested and criminally charged for defending myself from a convicted felon who threatened my life with a gun. I'm certain my claim would be for civil rights violations(threatened into signing a search warrant aka violating my 4th amendment(body cam), fabrication of evidence found in... View More

Robert Kane
Robert Kane
answered on Aug 4, 2024

Search for attorneys that deal police misconduct and such.

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Can I sue for defimation of character?
Tim Akpinar
Tim Akpinar
answered on Aug 17, 2024

It's difficult to say "yes" or "no" based on the brief facts. You could reach out to attorneys to discuss. Good luck

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1 Answer | Asked in Constitutional Law and Criminal Law for California on
Q: Is arresting someone twice on the same charge filed under different case numbers prosecutorial misconduct?

I was arrested last year for embezzlement of a motor vehicle (alleged overstay on a rental car), and I bonded out with an ankle monitor. While on bond, the DA decided to file charges a year later and issued a warrant for my arrest. They filed the case under a new number and I was re-arrested and... View More

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answered on Aug 2, 2024

In California, arresting someone twice on the same charge but under different case numbers can indeed raise concerns about prosecutorial misconduct. If you were initially arrested and bonded out, the subsequent re-arrest under a new case number without any violation of the bond agreement may... View More

Q: A detective called me and said if I didn’t turn myself in now my face would be front page news.

This was my first offense. I was never a flight risk. He was threatening me and I never was a threat. Is this legal to do? This was my first communication w him. It was so scary. I was young and had no idea what was going to happen with it being my first offense.

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answered on Jul 30, 2024

Under California law, a detective or any law enforcement officer is expected to follow certain protocols when dealing with suspects, especially first-time offenders. The behavior you described, where the detective threatened to make your face front-page news, can be seen as intimidation or... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: When police returned my electronics I discovered they deleted some data. Is this legal under any circumstances? Options?

No forfeiture order was entered or even requested.

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answered on Jul 30, 2024

Under California law, the deletion of data by police from your electronics without a forfeiture order or your consent raises significant legal concerns. Police generally must follow strict protocols when handling evidence, including maintaining the integrity of your property and data. Unauthorized... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Police MUST return all property not contraband&used in convictions according to people v. Lamonte, D026139 (1997).True?

Offences you were convicted of not someone else. No restraining order or domestic violence is involved.

Any contravening precident to lamonte?

Any governing rules other than Cal. Evid. §1417.6?

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answered on Jul 30, 2024

In the case of People v. Lamonte, D026139 (1997), it is true that police must return property that is not contraband and not used in convictions. This means that if you were convicted of an offense, the police should return your property unless it was illegal to possess or directly involved in your... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: how can i retain my property (cellphone) from the police after i get arrested if they didnt take an inventory list?

*warrantless arrest

*domestic violence

*charges not filed

*also confiscated my belongings in my room

* inncident happened in the apartment parking lot

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answered on Jul 29, 2024

If you were arrested without a warrant and the police did not take an inventory list of your belongings, you have the right to request the return of your property. Start by contacting the police department that made the arrest and ask for the procedure to retrieve your items. Make sure to document... View More

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: We were stopped by lost prevention falsely accused of taking a $119 battery

Left the store and 11/2 months later were arrested now charges were dismissed and need a lawyer? What kind and what should we do for compensation? Of losses

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answered on Jul 26, 2024

You should seek a personal injury lawyer who has experience with false arrest or false imprisonment cases. These attorneys can help you understand your rights and guide you through the process of filing a lawsuit. Look for someone with a good track record in civil rights or personal injury law.... View More

1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for California on
Q: I want to sue a cps worker for harassment and abue of power
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answered on Jul 24, 2024

Suing a CPS worker for harassment and abuse of power can be a challenging process, but it is possible under certain circumstances. First, gather all evidence of the alleged harassment and abuse of power. This includes any documents, emails, recorded conversations, or witness statements that support... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

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