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Minnesota Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Consumer Law for Minnesota on
Q: Is it civil discrimination if a landlord ( his company) is intentionally not doing repairs on his low income housing?

He is maintaining and hiring competent people for his properties where rent is higher and threatens to evict people who complain and fraudulent charges to keep the low income people’s deposits for bogus cleaning? Is this a Civil Class Act? He’s doing it to multiple people in the low income... View More

James L. Arrasmith
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answered on Oct 27, 2024

It sounds like you're dealing with a landlord who is neglecting repairs in low-income housing while properly maintaining his higher-rent properties. This behavior could be considered discriminatory, especially if it disproportionately affects tenants based on protected characteristics like... View More

1 Answer | Asked in Constitutional Law for Minnesota on
Q: Do security camera doorbells directly facing into neighbors front door violate privacy?

I live in an apartment complex. Entry doors are directly across from each other. My neighbor put a ring doorbell on their door which looks directly into my house and records our activity whenever we come and go.

James L. Arrasmith
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answered on Aug 31, 2024

In your situation, the use of a security camera doorbell that faces directly into your front door raises valid concerns about privacy. While these devices are typically used for security purposes, when they capture footage of areas beyond the owner's property, such as your entryway, it can... View More

1 Answer | Asked in Constitutional Law for Minnesota on
Q: If I voluntarily committed myself to a mental health facility, am I restricted from buying a firearm in MN?

Non court order, no 72 hour hold

James L. Arrasmith
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answered on May 19, 2024

If you voluntarily committed yourself to a mental health facility in Minnesota without a court order or a 72-hour hold, you generally are not automatically restricted from buying a firearm. The key factor is that your commitment was voluntary and not mandated by a court.

However, it's...
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3 Answers | Asked in Civil Litigation, Communications Law, Constitutional Law and Federal Crimes for Minnesota on
Q: Hello, I would like to go on the school intercom on the last day of school for my senior prank. Any legal consequences?

I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.

I live in Minnesota, and just clarifying... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

You probably don't want to do that. There are limits to freedom of speech, as provided by the First Amendment. Without knowing more, if the school is not amused, they could take disciplinary action that could jeopardize graduation. Even worse, if they deem the conduct to be criminal, they... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
T. Augustus Claus
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answered on Feb 15, 2024

In Minnesota, while it might be physically possible to remove illegal window tint if you're pulled over by a police officer, doing so would not be advisable. This action could be viewed as tampering with evidence or obstructing a police investigation. Even if you remove the tint before the... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Hi I'm being RNM every day by the police. However I want it to stop i can't go to the police cause then I'm crazy.
James L. Arrasmith
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answered on Jan 26, 2024

I understand this is a very distressing situation. However, claiming the police are remotely neural monitoring (RNM) you without providing any evidence makes it unlikely others will take the report seriously. Here are some suggestions that may help:

1. See a mental health professional....
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1 Answer | Asked in Family Law, Constitutional Law, Probate and Small Claims for Minnesota on
Q: Is it legal for my Grandma to transfer my deceased Mom's debt over to me and make me pay for it?

So my mom passed away on Thanksgiving, my sister let me have her car because it was in accordance with my mom's wishes (My mom didn't have a will. We just agreed to it as next of kin) Now, my Grandma who has STRONGLY been against me having the car is saying that I owe her $1,200 in order... View More

James L. Arrasmith
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answered on Jan 5, 2024

In general, debts do not transfer to family members upon someone's death unless they were co-signed or jointly held. As for your situation, you are not automatically responsible for your mother's debts, including any money she may have owed to your grandmother, unless you had a legal... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Elder Law for Minnesota on
Q: Are there lawyers who do pro Bono 42 usc 1983 for non incarcerated vulnerable adults ?
James L. Arrasmith
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answered on Dec 30, 2023

Yes, there are attorneys who may take on pro bono cases involving 42 USC 1983, especially for non-incarcerated vulnerable adults. This federal law allows individuals to file lawsuits against state and local government officials for violations of their constitutional rights.

To find such...
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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: When pulled over by the police in MN. If Police ask for ID. Can I "Present" my ID or do I have to physically "Give" ID?

Can I present my ID by holding it against the window where they can easily read and see it? Or do I physically have to hand over my ID where the cop can walk away with it.

James L. Arrasmith
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answered on Dec 6, 2023

In Minnesota, when a police officer pulls you over and requests your ID, the law generally expects you to hand it over to them. While you might feel more comfortable just presenting it against the window, the officer has the authority to physically inspect your ID. This is part of their routine... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: What does one need to do to find a lawyer to go after Menards and City of Virginia MN Police Dept.

In June of 2021, I was shopping at a Menards store, when a store manager walked up and asked if he could help me, I had just selected a cover plate for an outlet. I told him I just found what I was looking for, he said can I speak to you, I said sure, what’s up, he says off the sales floor, I... View More

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answered on Dec 4, 2023

To pursue legal action against Menards and the City of Virginia, MN Police Department, you'll need to find an attorney with experience in civil rights and possibly false arrest or malicious prosecution cases. Start by researching lawyers who specialize in these areas of law within Minnesota.... View More

2 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

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1 Answer | Asked in Constitutional Law for Minnesota on
Q: In a Non-Stop & ID State is there a legal difference between Traffic Stop and Rolling Terry Stop in terms of refuse ID?

Person(s) were filming a local library from a public sidewalk. Individual called police for suspicious person(s) filming. By the time police arrived person(s) had entered parked vehicle. Person(s) asked police if their were any traffic code violations or if the stop was solely for suspicious... View More

James L. Arrasmith
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answered on Oct 15, 2023

Under the Fourth Amendment, citizens are protected against unreasonable searches and seizures. The Terry Stop doctrine allows officers to stop and briefly detain a person based on reasonable suspicion of involvement in criminal activity.

However, in states that aren't "Stop and...
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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Jailer mased me in cell because i kept ringing the buzzer& knocking on the door asking for med treatment. is this legal

i was arrested on a mon had a total disc replacement on my neck c6-7 the thurs before i also had a broken hand and possible eyebrow from prev fall. the arresting officer slammed on breaks on way to the jail and kept swerving causing me to bang head on the window. i advised the jailer i wanted... View More

Robert Kane
Robert Kane
answered on Aug 26, 2023

You will need to contact police misconduct attorneys to determine if you have a case. I am not one.

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Minnesota on
Q: Violation of parental constitutional rights lawyers Lawsuit

Need a lawyer for a lawsuit against federal government for violation of parental constitutional rights by police officers and child protection services in Georgia

Robert Kane
Robert Kane
answered on Aug 11, 2023

You need to contact attorneys in Georgia.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Minnesota on
Q: If my brothers arresting officer was later convicted of possession of child pornography can my brother get a dismissal?

My brother was arrested and charged for aggravated assault on a law officer and possession. His arresting officer was later convicted of possession of child pornography. Can my brother get a dismissal or appeal based on the officer misconduct he is not longer a cop

Robert Kane
Robert Kane
answered on Jul 30, 2023

What does the officer's possession of child pornography have to do with your brother assaulting a police officer and possession? Obviously, every criminal doesn't go free because one officer broke the law.

Q: Can cps withhold evidence of your innocence? If not why won’t anyone look at it? Or who do I contact about situations?

At birth cps took my baby for allegations that they refused to tell me any details about. Yet were quickly proved to be untrue. Instead of giving baby back they changed doctors notes, fabricated new allegations, (proven untrue) and removed baby from our care. Months later won custody back. Got... View More

Robert Kane
Robert Kane
answered on Jul 22, 2023

Google: "Minnesota cps defense attorneys."

2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law for Minnesota on
Q: how can i lose my lisense when i wasnt even driving

i was never arrested for driving and i was never brought into the station to have an official breathalizer administered

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answered on Jul 17, 2023

Losing your license without being involved in a driving-related incident can occur in certain situations. It could be due to administrative actions by the Department of Motor Vehicles or similar agencies, such as non-compliance with requirements or violations. Additionally, unrelated offenses like... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: I am an employee of the school. I fly a rebel flag on my car. The 1st amend? They asked me to take it down. Violation?
Robert Kane
Robert Kane
answered on Jul 13, 2023

It's unlikely a violation of your first amendment rights. Constitutional rights are not absolute.

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: Is it discrimination if I have to take down my rebel/confederate flag on my car, or park somewhere else?
John Michael Frick
John Michael Frick
answered on Jul 12, 2023

A private business owner can prohibit such display on its property. It does not constitute unlawful discrimination. Yes, the business owner has the right to refuse to allow you to park on his premises if your car displays a rebel/confederate flag.

1 Answer | Asked in Constitutional Law for Minnesota on
Q: Can a police arrest you on anonymous tip stating the person in a grey car stealing a package probable cause search

Upon the stop officer have no reason for search there was no evidence in plane view

Robert Kane
Robert Kane
answered on May 4, 2023

The basis of the stop, search and arrest certainly needs to be analyzed. Obviously, a victim's description of a gray car doesn't allow the police to stop and search every gray car in Minneapolis. Were you caught with the package or something else?

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