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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can a police officer Search my driveway on everything on it with a civilian for something stolen?

The police officers told me that they would need to search my house and look in my garage. The person claiming we stole the bike because the air tag was in our location was allowed to “look around” with the officers. I was not present for any of this. The officers also came to my parent's... View More

James L. Arrasmith
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answered on Nov 15, 2024

Based on what you've described, there are serious constitutional concerns with how this search was conducted, particularly under the Fourth Amendment.

Police generally need either your consent or a valid search warrant to search your property, including driveways and areas around your...
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2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for California on
Q: I NEEDA LIST OF LAWYERS THAT HAVE WON CASES AGAINST THE LOS ANGELES COUNTY JAIL FOR SEVERLY INJURED INMATES DUE TO NEGLI

NEGLIGENCE INADEQUATE MEDICAL CARE MALPRATICE CIVIL RIGHTS VIOLATION PREMISES LIABILITY PERSONAL INJURY AND TORTS THAT APPLY

William John Light
William John Light
answered on Nov 3, 2024

Dale Galipo

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can a prosecutor be sued for racial discrimination and abuse of power?

I am continuing to seek advice and would like to try here on this site as well. I would like to know if people can sue prosecutors for intentionally protecting an individual on the basis of race/ethnicity while denying the victim any justice on the basis of race/ethnicity? One of the DA's... View More

James L. Arrasmith
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answered on Oct 31, 2024

You may have grounds to pursue a lawsuit if you believe a prosecutor has acted with racial discrimination or abused their power. Civil rights laws, such as Section 1983, allow individuals to sue government officials for violating their constitutional rights. If you can demonstrate that the... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Probate for Louisiana on
Q: if a last will and testament was written in 1991 and the laws have since changed, do we go by the old law or new law?

For pre-January 1, 1996 deaths, there is a possibility that any child, regardless of age, will be a forced heir. There are complex rules for determining whether the new laws or prior laws govern. If the decedent died before January 1, 1996 or executed his last will before January 1, 1996 and had... View More

James L. Arrasmith
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answered on Oct 31, 2024

When dealing with a last will and testament from 1991, the key factor is the date of the decedent's passing. If the individual died before January 1, 1996, the laws in effect at that time will generally govern the distribution of the estate. This means that any provisions regarding forced... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Missouri on
Q: would it be a crime to rob the enemy of the united states & if so how

when we are at war with them wouldn't that aid the united states

James L. Arrasmith
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answered on Oct 31, 2024

Engaging in robbery, even against enemies during wartime, is illegal under both national and international laws. Actions like theft can violate the laws of armed conflict, which set rules for how wars are conducted to protect those who are not participating in the fighting.

Instead of...
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Q: I’m unable to find a lawyer in wv to help me with my ethics complaint . Legal aid Told me they do not do any cases again

Against the police not even civil rights or misconduct complaints. is there a certain practice I should look for when looking for an attorney to represent me? is there an attorney out of state I can help in this area?

James L. Arrasmith
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answered on Oct 31, 2024

You should look for an attorney with experience in civil rights, police misconduct, or administrative law. These areas of practice are relevant to ethics complaints against law enforcement. Check local bar association directories or online legal directories to find lawyers who handle similar cases.... View More

1 Answer | Asked in Estate Planning, Family Law, Constitutional Law and Probate for Louisiana on
Q: if a last will and testament was written in 1991 and the laws have since changed, do we go by the old law or new law?

In Louisiana law what age limit was a forced heir in April 1991?

Old law in 1991- Thus, after the Lauga decision, all children remained forced heirs, regardless of age or disability.

Does this law apply to a last will and testament that was written in 1991?

Or does the... View More

James L. Arrasmith
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answered on Oct 29, 2024

When dealing with a last will and testament from 1991, it's important to consider when the deceased passed away. In Louisiana, the laws governing forced heirship are typically based on the statutes in effect at the time of death, not when the will was written.

Since the law changed on...
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1 Answer | Asked in Native American Law, Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If probable cause was obtained from officer with no jurisdiction on tribal land is search warrant valid?

City police officer made an arrest of a tribal member at a house on the reservation without jurisdiction. City officer later told tribal police, the residence smelled of Marijuana. Two days later tribal police served search warrant at the residence based on the information obtained from City... View More

James L. Arrasmith
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answered on Oct 29, 2024

In your situation, the search warrant may be invalid due to the initial officer lacking jurisdiction on tribal land. Tribal sovereignty means that tribal police have primary authority on reservations, and actions by non-tribal officers can complicate legal processes.

Since the city officer...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for Pennsylvania on
Q: Is my consent required when it comes to the police releasing items that were seized during an arrest?

My vehicle was searched and the police seized my drivers license, bank cards, EBT card, medical card, etc. along with two cell phones. My attorney requested the release of these items and stated once it was approved, I would be able to go to the police station to get them. I was then notified by my... View More

James L. Arrasmith
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answered on Oct 29, 2024

You have the right to have your seized items returned without unnecessary delays. Typically, once your attorney requests the release of your belongings, the police should follow through without additional conditions. It's unusual and potentially improper for your attorney to hold your personal... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I have a court order to return Property . the police never return the Property. they issue a warrant to take my property

i went to court file a motion to compel . when i do that the judge threating them to hold them comptent to return my property but they went get a warrant to get my my phone back. what can i do next to get my cellphone with the court order

James L. Arrasmith
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answered on Oct 29, 2024

You should first consult with a lawyer who can provide specific legal advice based on your situation. They can help you present all relevant documents, including the original court order and any motions you've filed, to strengthen your case.

Next, return to court and inform the judge...
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2 Answers | Asked in Traffic Tickets, Constitutional Law and Trademark for Georgia on
Q: Hey if I got arrested for driving while license suspended paid a cash bond of $720 and then forgot court what's next

Now they issued a failure to appear warrant. I thought at worst that I would forefit my cash bond to settle the case and it would just end it as an admission of wrong doing

Anthony M. Avery
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answered on Oct 28, 2024

Hire a GA attorney now to turn you in off the Docket, then start representing you. Also find out what you need to reinstate the DL.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Pennsylvania on
Q: My Attorney has the items police had seized during my arrest sent directly to his office and withholding them for paymen

My Attorney has the police release the items they had seized during my arrest directly to his office. The items include my drivers license, debit and credit cards, EBT card, Insurance Cards for myself and Children, and two cellphones. He is refusing to give me these items until I pay the last... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're experiencing this situation. Attorneys have a responsibility to act in their clients' best interests, and withholding your personal items for payment may not align with those duties. It's important to review any agreements you have with your attorney to... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for West Virginia on
Q: Is it conflict of interest and a violation of the Ethics act for a deputy who was off normal course of duty to work on

His own families investigation? His wife vehicle was broken into and he investigated and threatened people for answers and to make statements on recording, he towed vehicles and went in houses with no warrant . His coworker reports mentioned him In Their report of the investigation. He falsely... View More

James L. Arrasmith
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answered on Oct 28, 2024

Yes, what you’re describing appears to be a clear conflict of interest and likely violates the Ethics Act. When a deputy uses their position to investigate matters involving their own family, it compromises their objectivity and the integrity of their role. This misuse of authority can undermine... View More

1 Answer | Asked in Constitutional Law for Missouri on
Q: Isnt it a privilege of united states citizens to be said a free people
James L. Arrasmith
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answered on Oct 28, 2024

Yes, as a United States citizen, you enjoy the privilege of being part of a nation that values freedom and individual rights. You have the opportunity to participate in a democratic system where your voice can influence important decisions that shape your community and country. This status grants... View More

1 Answer | Asked in Constitutional Law for Missouri on
Q: Isnt it a privilege of united states citizens to be said a free people meaning we don't get ruled in such manner as this

i am wondering

James L. Arrasmith
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answered on Oct 28, 2024

As a United States citizen, you are indeed part of a nation that values freedom and individual rights. The Constitution guarantees various liberties, such as freedom of speech, religion, and the press, which protect you from certain types of governmental control. These protections are fundamental... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: Who has the duty of remedying mold in public housing?

How should the tenant proceed due to being exposed to mold and does any failure to properly remediate the mold and it's root causes, violate the Fair Housing Act?

James L. Arrasmith
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answered on Oct 28, 2024

In public housing, the responsibility to remedy mold typically falls on the housing authority or landlord. They are obligated to maintain a safe and healthy living environment, which includes addressing mold issues promptly. It's important to notify your landlord or property manager in writing... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: A court clerk said the judge sees the evidence with the complaint, was this judicial misconduct?

A Pro Se complaint was filed. The clerk stated that documents are scanned, she would stamp them and give them back. She did not give them back. How should the Plaintiff had handled that situation?

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2024

Judicial misconduct? No. Are you referring to the return of exhibits attached to a complaint? Generally, you should only submit things to a court with the understanding they will become part of the public file and shared with the opposing party / counsel, and not be returned.

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: I want to sue Jefferson County Jail in Madison Indiana for violating my 8th and 14th ammendment rights.

I was arrested on August 11th and when I was being booked in the jail I told the nurse I am on psychiatric medications for severe anxiety,mental illness,PTSD and seizures,I'm prescribed Kolodapin 3 1mg per day,Zoloft 200mg per day and Adderall 20mg twice a day and been on 3 8mg of Suboxone for... View More

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answered on Oct 29, 2024

I'm truly sorry you're going through this. It's important to reach out to a lawyer who has experience with civil rights and inmates' rights cases. They can guide you on the best steps to take and help protect your rights.

Make sure to gather all relevant documents,...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may someone get grievances thoroughly and properly investigated involving mortuary science licensees?

The Licensing and Regulatory Affairs claimed to have closed the case citing no violation found under the Occupational Health Code. However, the violations in the complaint involve the Public Health Code, MCL 333.2843 et seq. and criminal activities. Knowingly falsity in causing a death certificate... View More

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answered on Oct 27, 2024

I'm sorry to hear about the challenges you're facing in getting your grievances properly investigated. It must be incredibly frustrating when serious concerns are not addressed by the authorities.

You might consider reaching out to higher authorities or oversight bodies, such as...
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1 Answer | Asked in DUI / DWI, Civil Rights and Constitutional Law for New Jersey on
Q: Township official pulled alongside parked vehical on private property & issued person standing next to vehicle intoxic

Officer was seeking similar vehicles reported by citizen to be hazard

James L. Arrasmith
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answered on Oct 27, 2024

You were approached by a township official while standing next to your parked vehicle on private property. The officer was searching for vehicles similar to yours that had been reported as a hazard by a citizen. It seems you were issued a citation or accused of being intoxicated.

You might...
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