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North Carolina Constitutional Law Questions & Answers
0 Answers | Asked in Constitutional Law, Criminal Law and Appeals / Appellate Law for North Carolina on
Q: Reconvicted for same incident after 10 years served. Is this double jeopardy?

I have a situation where a person was convicted and served 10 years and 11 days for one charge of having sex with a minor. The case was then reopened under a new case file number for the same incident, resulting in a 30-year sentence. The individual was not read their rights before questioning, and... View More

1 Answer | Asked in Constitutional Law, Employment Law and Cannabis & Marijuana Law for North Carolina on
Q: Can campus police conduct warrantless dorm searches in NC?

Can campus police at my university legally search all dorm rooms without consent or a warrant if the building smells of marijuana? In a specific incident, the campus police searched everyone's rooms because of this smell. The student handbook states that the university reserves the right to... View More

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answered on Mar 23, 2025

The Fourth Amendment generally protects students from unreasonable searches in dorm rooms, which courts have recognized as having a reasonable expectation of privacy similar to a private residence The Fourth Amendment applies to dorm rooms just as it does to houses. This means a college student... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for North Carolina on
Q: Can mental health firearm bar from CA be removed in NC?

I have a mental health bar to firearms imposed by California. I have not been committed to an institution for over a year and have been under psychiatric care since. I've noticed that the North Carolina statute 122C-54.1(b) used to directly address this issue but no longer does. I have... View More

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answered on Mar 23, 2025

Yes, North Carolina law allows for removal of out-of-state mental health firearm bars. The process involves petitioning the district court in your county of residence, which aligns with your current situation and scheduled hearing. The law specifically states that "an individual disqualified... View More

1 Answer | Asked in Tax Law and Constitutional Law for North Carolina on
Q: Can I protest by not paying taxes without legal consequences?

I am considering not filing and not paying my taxes this year as a form of political protest against the government's financial decisions. I am currently performing unpaid labor after previously holding a paid job. I want to understand if this form of protest, which I believe is protected... View More

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answered on Mar 24, 2025

Not paying taxes as a form of political protest does carry significant legal consequences, despite your belief that it might be protected. The IRS treats failure to file or pay taxes as a violation of federal law, regardless of your motivations. You could face penalties including substantial fines,... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: Is there a case in the Supreme Court that reversed a case because a police officer made a material false statement ?

To a federal grand jury, Robertson vs us,or Robinson vs us?

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answered on Feb 8, 2025

If you are dealing with a situation where a police officer made a material false statement that affected your case, speaking with an attorney could be a good idea. Legal matters involving false statements, perjury, or wrongful convictions can be complex, and having someone with legal knowledge can... View More

1 Answer | Asked in Civil Litigation, Contracts, Constitutional Law and Landlord - Tenant for North Carolina on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Pitt County, NC.

If I'm in the midst of being robbed (not knowing whether they are armed or not) and I warn them multiple times that I have a firearm, but they do not listen to the warning and continue, posing as an imminent threat to me and my significant other. In such scenario, if I... View More

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answered on Jan 28, 2025

Your lease agreement prohibits discharging a firearm within the apartment community, but self-defense is a different matter. North Carolina law recognizes the right to defend yourself if you are facing an imminent threat of serious injury or death. If someone is breaking in and you reasonably fear... View More

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: Can a Detective be charged for releasing DNA evidence to someone not involved in a active investigation.
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answered on Jan 27, 2025

If a detective releases DNA evidence to someone who is not involved in an active investigation, they could face legal consequences depending on the circumstances. DNA evidence is typically considered sensitive and confidential, protected by both privacy laws and legal protocols. Sharing such... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Juvenile Law for North Carolina on
Q: Can a private school legally go through a child's backpack without the owner or guardian notified or present?

It is my understanding that there was no "reasonable cause" and it was simply a "random search" of the students backpacks while they were at recess. No one was notified until after the search was completed.

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answered on Jan 24, 2025

Private schools operate under different rules compared to public schools, as they are not bound by the same constitutional protections. In many cases, private schools have policies outlined in their handbooks or enrollment agreements that give them broad authority to conduct searches of student... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for North Carolina on
Q: If an attorney from a specific law firm represents you, can a different attorney represent a defendant who assaulted you

Owner/Senior Partner of firm was my representative. His nephew is an attorney within that firm who is representing a male who assaulted me (female).

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answered on Jan 21, 2025

If an attorney from a law firm has already represented you, it may create a conflict of interest for another attorney from the same firm to represent someone whose interests are directly opposed to yours, such as someone accused of assaulting you. Law firms are generally expected to maintain... View More

Q: Can I be fired from a job for things I posted on Facebook?
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answered on Jan 15, 2025

Yes, you can be fired for social media posts, as most states follow "at-will" employment rules that allow companies to terminate workers for nearly any reason that's not discriminatory or retaliatory. Your public posts on Facebook are visible to employers and can impact their view of... View More

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: Can a resident of NC with an out of state CC permit, conceal carry in their vehicle?
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answered on Jan 7, 2025

North Carolina law generally does not recognize out-of-state concealed carry permits for vehicle carry. As a resident of NC, you must obtain a North Carolina-issued Concealed Handgun Permit to legally carry a concealed weapon in your vehicle.

While traveling in NC, you can transport...
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1 Answer | Asked in Constitutional Law for North Carolina on
Q: Can police search you looking for something then charge you

You haven't been arrested when they search you

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answered on Dec 30, 2024

Yes, police can search you without arresting you in certain situations. If an officer has reasonable suspicion that you are involved in a crime, they may conduct a stop and frisk. This type of search is limited to what is necessary for officer safety.

Additionally, if you give consent to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Entertainment / Sports for North Carolina on
Q: Social media and TV head filmed a TV show and documentary about me and this girl in Florida in 1996 the murder happened

And she premeditated it to make it look like I did it her and this guy anyways it went through two trials I was on the state attorney's side because they know I didn't do it and in 2007 I just seemed like two or three weeks ago that she made a documentary and then made TV shows about it... View More

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answered on Sep 24, 2024

It sounds like you’re dealing with a difficult and complicated situation. If someone has created a documentary or TV show about an event that involved you, especially one as serious as a murder case, they may have needed your consent depending on how they portrayed you and whether they used your... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Entertainment / Sports for North Carolina on
Q: There was a murder in 1996 in Florida and it and it involved me my best friend and her friend her and her premeditated a

Murder and and made it look like I did it there was two trials I was on the state attorney side because they know I was innocent but anyways they made a TV show and a documentary in 2007 and I'm just learning about this 3 weeks ago they use my name day so bad things about me and everything... View More

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answered on Sep 24, 2024

It sounds like a really difficult and upsetting situation. If they used your name, image, and made false statements about you without your permission, you may have legal options available. Defamation and invasion of privacy are potential legal claims you could explore, especially if the content... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: I need to know more about my strawman and being a sovereign citizen. Aka my natural born God given rights.
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answered on Sep 12, 2024

When people talk about a "strawman" in the context of sovereign citizen beliefs, they often refer to the idea that a separate legal entity or "corporate version" of yourself is created by the government at birth. This belief holds that this entity is connected to your birth... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for North Carolina on
Q: What can I do If my appealet Attorney has placed me in procedure default by refusing to raise issues preserved by court

My attorney has refused to raise the issues of fourth amendment violation illegal warrentless search of a lock box safe. Fourth, amendment violation of deputies prolonging investigated stop without probable to conduct dog sniff, sixth amendment violations confrontational clause due process... View More

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answered on Aug 5, 2024

It sounds like you’re facing a challenging situation with your appellate attorney. If your attorney is not raising the issues you believe are critical to your case, you might consider addressing this directly with her first. Schedule a meeting to discuss your concerns and provide her with the... View More

Q: I need help finding relevant cases for Article II, Sections 3 and 5 for the North Carolina State Constitution.

To Whom It May Concern;

The State of North Carolina has in its Constitution that "No county shall be divided in the formation of a senate district;" and "No county shall be divided in the formation of a representative district;" regarding the North Carolina State... View More

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answered on Aug 5, 2024

To dive deeper into this issue, reviewing these cases and their interpretations of both state and federal requirements will offer valuable insights. You can find these cases through legal research databases or by visiting a law library. This approach will help you understand the legal reasoning and... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: Is it considered excessive force for the police to bust car windows out on my children knowing they are in the car?

The driver was eluding, but then clearly stops the vehicle, and says I'll stop please I have kids in the car then they bust the windows out on the kids they already knew where in the car plus the driver yelled it.

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answered on Jul 21, 2024

If the police used force to break car windows despite knowing there were children inside, and the driver was actively cooperating by stopping the vehicle, it could be considered excessive force. Law enforcement officers are generally expected to take into account the safety of all individuals... View More

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: How can I be arrested for fleeing to allude when a police never got behind me with blue lights
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answered on Jun 15, 2024

If you were arrested for fleeing to elude but the police never activated their blue lights behind you, it might seem confusing. Typically, fleeing to elude involves a clear indication from law enforcement, such as flashing lights or a siren, signaling you to stop.

However, there could be...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for North Carolina on
Q: False charges added later, wouldn’t those charges had been on my citation of what I was charged with?

Greetings, I was beaten by multiple officers, kicked in the face and bitten, had to receive tetanus shot. On my citation of what I was charged with I have traffic violations when I got to jail they charged me with multiple drug charges and assault on officer which isn’t true. Wouldn’t those... View More

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answered on Jun 10, 2024

I'm really sorry to hear about your situation. When you are initially cited, the charges listed on the citation are typically what you are being formally charged with at that time. If additional charges, such as drug charges or assault on an officer, were added later, they should still have... View More

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