Get free answers to your Constitutional Law legal questions from lawyers in your area.
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 
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
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
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
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
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
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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
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
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
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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
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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... View More
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... View More
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
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
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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
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
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
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
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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... View More
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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