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Delaware Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Delaware on
Q: Can state police come on my property, walk around my house and look in my windows without permission

A neighbors cat got accidentally locked in my building. Two state police came and banged on my doors and windows. Walked around my home several times, looked in my windows, walked around my building. I didn't answer the door because of how aggressively they were banging on my doors and... View More

James L. Arrasmith
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answered on Oct 14, 2024

State police generally need a valid reason to enter your property. Without a warrant or your permission, they typically cannot walk around your home or look into your windows. Exceptions exist if there is an immediate threat or if they have probable cause to believe a crime is being committed.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Delaware on
Q: Can state police come on my property, walk around my house and look in my windows without permission

A neighbors cat got accidentally locked in my building. Two state police came and banged on my doors and windows. Walked around my home several times, looked in my windows, walked around my building. I didn't answer the door because of how aggressively they were banging on my doors and... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry you had to go through that experience. Generally, law enforcement officers need a valid reason to enter private property, such as a warrant or immediate emergency. If they don’t have permission or a warrant, their presence and actions might not be lawful.

Since your state...
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1 Answer | Asked in Family Law, Personal Injury, Appeals / Appellate Law and Constitutional Law for Delaware on
Q: Where are the lists as for all reasons a motion for reconsideration have ever been approved?

Preferably with citations.

James L. Arrasmith
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answered on Dec 24, 2023

In Delaware, as in many jurisdictions, the grounds for a motion for reconsideration typically include several key reasons. These reasons can vary depending on the specific circumstances of each case and the applicable legal standards.

Common grounds for a motion for reconsideration include...
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1 Answer | Asked in Civil Rights and Constitutional Law for Delaware on
Q: Can a police officer get a search warrant from another county

Can a Kent County officer get a search warrant signed by a sussex county jpc judge

James L. Arrasmith
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answered on Nov 5, 2023

Yes, a police officer can obtain a search warrant from a judge in a different county if the situation warrants it. The jurisdiction of a judge to issue a search warrant typically depends on the location where the search is to be conducted, not the home county of the officer seeking the warrant.... View More

2 Answers | Asked in Constitutional Law for Delaware on
Q: Someone suggested to prevent shoplifting at retail establishments that merchants should have all customers stand on

a scale upon entering and exiting. Would this be a violation of the 4th Amendment?

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2019

It's an interesting question. Criminal law attorneys are the ones who know the Fourth Amendment best. The Fourth Amendment essentially provides protection to people against unreasonable searches. Constitutional law scholars might argue either side of the issue. It doesn't seem like... View More

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1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware on
Q: Is there any document or court decision that officially superseded the original Articles of Confederation?

Knowing it is often said that the USA is a nation of laws, and knowing we have a constitution, I am wondering; if there was an official act, decision or proclamation that plainly says that the Articles of Confederation are invalidated? If not, do we Americans just pretend the Articles no longer... View More

Robert C. Collins II
Robert C. Collins II
answered on May 11, 2017

The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The... View More

1 Answer | Asked in Constitutional Law for Delaware on
Q: who signed Delaware Constitution
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 23, 2015

Do an internet search to find out. That is what I would do.

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