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Nevada Constitutional Law Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Nevada on
Q: Does power connected illegally let officers enter your home without a warrant under the exigent circumstances?

I need to determine if I have a viable claim and what my options are for seeking redress. I believe I am entitled to compensatory damages as well as punitive damages for the violation of my 4th, 8th and 14th amendment rights. County officials failed to follow established procedures and violated my... View More

James L. Arrasmith
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answered on Mar 11, 2023

Generally, police officers are not allowed to enter a home without a warrant, unless they have probable cause or exigent circumstances. Exigent circumstances are situations where there is an immediate threat to public safety or where evidence may be destroyed if officers do not act quickly. Whether... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Nevada on
Q: Is it legal for a person to access my personal housing info without my consent. Is this a no disclosure with consent

i.e. deed, amt owing, etc no disclosure without consent.

James L. Arrasmith
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answered on Mar 2, 2023

It depends on the specific laws and regulations in your state or country regarding privacy and data protection. In general, access to personal housing information may be limited to authorized parties such as government agencies, banks, or other parties with a legitimate interest in the property.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Nevada on
Q: Were my kids civil rights violated during district wide lockdown? No lunch and everyone had to pee in buckets in class

The threat was called in to local PD regarding the high school. District lockdown all school for several hours. Many students including my kids didn’t get lunch that day. Students had to pee in bucket’s in class while teacher held up a blanket. PD posted on FB they believed it was a hoax. In... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that the lockdown and lack of provisions for lunch and bathroom breaks during the lockdown could be seen as a violation of students' civil rights. However, whether or not there is a case against the district would depend on a number of factors, including the specific... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Nevada on
Q: Do I have to show identification to an police officer if i wasnt involved in a crime an didnt commit a crime?

I was illegaly detained an imprisoned by hotel security for a crime someone else did an I wasnt around the crime occured had no knowledge of the crime. Just for being an acquintance to the individual.

Malik Waqar Ahmad
Malik Waqar Ahmad
answered on Jan 11, 2022

It is your duty to fully cooperate with any lawful demand of the police officer. However, it is his job to determine the probable cause. The probable cause is a legal word which means he has justified reasons that you are invovled or had committed or violated a law. For instance, police cannot stop... View More

1 Answer | Asked in Education Law, Criminal Law and Constitutional Law for Nevada on
Q: Hello, In Nevada can you open carry a firearm on public school grounds during the summer when the school is closed?

The high school by my house has a sign allowing people to use the track for exercise and dog walking. I use the track in the summer when schools out. Usually at 11:00pm-1:00am, so I like to have a firearm on me. Is this allowed since the school is closed for several months, and it’s in the... View More

Malcolm P. LaVergne
Malcolm P. LaVergne
answered on Jul 8, 2020

No. See NRS 202.265. This statute does not have an exception for the time of day. The track is part of school property for any Nevada public school I know about. You can face a criminal charge for being on school property with a gun at any time. It's a gross misdemeanor, and you can face up to... View More

2 Answers | Asked in Immigration Law and Constitutional Law for Nevada on
Q: How do you define a Natural Born Citizen?

Based on Article II , Section I, Paragraph 5

"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President..."

If a Natural born citizen is defined as a child... View More

Mario Musil
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Mario Musil
answered on Jun 10, 2020

This question leaves much to interpretation. However, it is my belief that one born outside the USA, born to US Citizens, is eligible to become a US President.

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nevada on
Q: What if someone put a hidden camera in my house and I don't know where it is?

What would happen if there are spy cams unknown to the owners in their homes? I’m suspecting that there are hidden cameras in my home. People seem to know what I've been up to in my home without telling anyone and I'm told that there are hidden cameras in my house. Is there a law that... View More

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2020

I'm sorry for your ordeal. This is something a Nevada attorney could advise best on, but your question remains open for four weeks. You could look into the cost of investigators. To save money, you might be able to conduct some of your own investigations on the property. If you find that... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Identity Theft for Nevada on
Q: Can I still take legal action from my previous apartment Complex for breach of contract if accrued in 2015?

In 2015 The last day to pay rent to the apartments before eviction process would have tooken place, on the way to the office i got into a accident inside of the parking structure, i went back home dazed and when I came to , i had missed calls & voice mails from not only the apartment manager... View More

Joseph R Maridon Jr
Joseph R Maridon Jr
answered on May 4, 2020

The answer to your question can be found in NRS 11.190. To sue for breach of a written contract, you generally have 6 years. It appears, however, that you are complaining about much more than breach of contract. Any damage that you suffered as a result of any wrongful act or negligence on the... View More

2 Answers | Asked in Admiralty / Maritime and Constitutional Law for Nevada on
Q: How are you able to confirm a court is operating under Maritime Law(dry dock) and not Constitutional?

I understand the fringe on the flag, how to confirm it w presiding "judge" while present in court is my goal.

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2020

A court does not operate under maritime law, as opposed to other types of law. It operates under state rules of civil procedure, or the Federal Rules of Civil Procedure that ordinarily govern maritime cases filed in federal court. Maritime law can be the basis of the SUBSTANTIVE law issues in a... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Nevada on
Q: Can someone who is homeless exist independently without becoming a criminal ?

So being homeless is a crime ?

Gary Kollin
Gary Kollin
answered on Oct 2, 2019

Are you serious? Just because a person is homeless, they will invariably become criminals??

2 Answers | Asked in Constitutional Law for Nevada on
Q: in prison do you have a liberty interest in your health.

the warden says she saw me on camera assaulting another inmate.the hearing officer gets a e mail from the warden saying that I did it .the nurse ,doctor,and sargent all were with me in the infirmary .hearing officer refuses to call any witnesses for me.hearing officer never see the video but says... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 13, 2015

As much as I want to help all I can actually do is direct you to speak with an attorney who handles inmate grievances and provide you with a link about grievances : http://www.doc.nv.gov/sites/doc/files/pdf/AR%20740%20-%20061614.pdf

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1 Answer | Asked in Constitutional Law for Nevada on
Q: Involuntary servitude cases? And lawyers who who dealt with these cases?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 8, 2015

This is not the place to ask attorneys to do legal research for you.

1 Answer | Asked in Constitutional Law for Nevada on
Q: Is it true a drivers license is not required for someone who is traveling freely which is a an unalienable right?

I have been looking for more information (ie. laws ) to find wether or not an unalienable right to travel freely now requires a drivers license. I saw in a supreme court case that you are free to travel without restrictions but you can be regulated(ie. stop signs,lights, etc.) but no where does it... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

No.

1 Answer | Asked in Constitutional Law for Nevada on
Q: Does my wife have a legal recourse to file a lawsuit?

I was arrested for convicted felon in possession of a firearm and the gun was locked in a closet in the room my wife occupied alone, therefore placing it in her immediate possession. The gun was removed from her private possession without her permission or concent, written or verbal. This violates... View More

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

Possibly, but not on 2nd Amendment grounds. If the gun was seized at the time of your arrest and there was no search warrant for the residence, she may be able to sue for a violation of her 4th Amendment rights. She should see a civil rights attorney to find out.

1 Answer | Asked in Constitutional Law for Nevada on
Q: What is the Bivens Act?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

It is better to do a simple internet search for a question like this. Here is a link: http://biotech.law.lsu.edu/map/ConstitutionalTorts-BivensActions.html

1 Answer | Asked in Constitutional Law for Nevada on
Q: Is it alright for anyone to infringe on your freedom of speech ?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

What do you mean by anyone? The constitution protects against government intrusion.

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