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Ohio Constitutional Law Questions & Answers
0 Answers | Asked in Constitutional Law and Gov & Administrative Law for Ohio on
Q: Can citizens sue to remove a president under Article 14, Section 3?

I am concerned about the legitimacy of a president who was impeached by Congress in 2021 for 'incitement of an insurrection,' as well as the decision by the Colorado Supreme Court, based on Article 14, Section 3 of the U.S. Constitution. Given that Article 14, Section 3 disqualifies... View More

0 Answers | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Ohio on
Q: Can police order me out of my home in Ohio without a warrant?

My husband called the police stating that I was breaking our property. Under Ohio law, are the police allowed to order me to exit my residence to arrest me without a warrant in this situation? They accused me of causing damage but did not present a warrant when they ordered me out of the house.

0 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Ohio on
Q: Legal rights violations during court proceedings and police actions.

I am dealing with a series of legal issues and rights violations: My motions (to dismiss for a speedy trial violation, to withdraw a plea before sentencing, and to suppress evidence) have been ignored by the court. Police entered a third-party residence without a warrant, detained me and my... View More

1 Answer | Asked in Constitutional Law for Ohio on
Q: Can a public high school search my students personal property without her being present?

The school is doing targeted classroom searches making all students exit the classroom while they search their personal belongings. The students go in the hall walk through a metal detector with their shoes off

The shoes are carried upside down as they move through the detector. If the... View More

James L. Arrasmith
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answered on Feb 8, 2025

Schools have the authority to conduct searches, but they must follow the law. In public schools, student searches are governed by the Fourth Amendment, which protects against unreasonable searches and seizures. Unlike police, school officials only need "reasonable suspicion" rather than... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Ohio on
Q: Can I press theft charges on police duties if they're a clear overreach?

I've asked this once or twice, got no answer. But here we go, the short version. Pulled over for a traffic stop. Was wrongfully arrested on old warrant. Officers seized the car, my laptop, phone, bunch of electronics, wallet -- everything, under the guise of "Criminal Tools". There... View More

James L. Arrasmith
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answered on Feb 2, 2025

That sounds like a serious case of overreach and potential misconduct. If the police seized your belongings without a valid reason and then sold your car without proper legal justification, you may have grounds for legal action. Wrongful seizure and the lack of due process could violate your... View More

1 Answer | Asked in Constitutional Law for Ohio on
Q: Am I allowed to conceal carry in a bar with a CCL in the state of Ohio. As long as I don’t consume or purchase alcohol.

Ohio is an open carry and conceal carry state. But I read somewhere saying signage may prohibit concealed carry. Only way you’re allowed to carry everywhere except a government building is if you have a CCL through the state of Ohio- tho you do not need one. If I’m not intoxicated or under... View More

James L. Arrasmith
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answered on Jan 14, 2025

In Ohio, having a Concealed Carry License (CCL) allows you to carry a concealed firearm in many public places. However, bars and restaurants are considered private establishments, and they have the right to prohibit firearms on their premises. This means that if a bar has posted clear signage... View More

1 Answer | Asked in Constitutional Law, Estate Planning, Contracts and Tax Law for Ohio on
Q: For 56 . Irs no right to act. Is acti violating trust . I am Executer and trustee s d want final

Irs wont release . year 2022 return was llnal and wants me to give W 9 .i refused he got k-1 need final . Hamilton County probate said they will open so i can subpoena. My Dad cant 2 trustees . But his oldest son died o his wige is respnsible for his son. A minor i have ni l of kin.

James L. Arrasmith
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answered on Jan 12, 2025

I'm sorry you're dealing with these difficulties. Managing the responsibilities of executor and trustee can be overwhelming, especially when the IRS isn't cooperating. It's important to ensure that all your actions are in line with legal requirements to avoid any violations of... View More

1 Answer | Asked in Traffic Tickets and Constitutional Law for Ohio on
Q: Can i claim the right to travel in Ohio?

I've gotten pulled over nine times in the past 2 months for an unregistered personal vehicle I have had my license suspended because of it I have not been speeding or breaking any other laws they are simply noticing my vehicle and pulling me over.

James L. Arrasmith
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answered on Jan 5, 2025

You have the right to travel, but it must comply with state laws. Driving an unregistered vehicle and having a suspended license are violations that authorities can enforce, regardless of your intentions to exercise your travel rights.

Repeated stops can lead to further legal complications,...
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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Personal Injury for Ohio on
Q: I settled a suitw with former employer for wrongful termination. Can I also sue my supervisor for discrimination?

I settled with the company for wrongful termination.My boss called me in her office while working there along with another boss.She said I was being "mean"to the new younger girls.I replied, " I never said anything mean to them,I asked them to help" my boss replied that they... View More

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answered on Jan 5, 2025

It's understandable that you feel upset by your supervisor's comments. Generally, workplace discrimination claims are directed at the employer rather than individual supervisors. This is because employers are responsible for the actions of their employees and maintaining a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Social Security for Ohio on
Q: Can I sue the police for giving my brother the final few digits of my social security number while he was being arrested

My brother was arrested and attempted to give them my social security number but couldn't remember the last few digits in which an officer had finished for him in a questioning manner in which he replies yes causing me to be stopped by the police on several occasions. Somehow they was able to... View More

James L. Arrasmith
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answered on Dec 20, 2024

This situation involves a serious breach of privacy and potential misconduct by law enforcement. The unauthorized disclosure of your Social Security number digits, leading to identity confusion and subsequent police stops, could form the basis for legal action.

You may have grounds to sue...
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1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Landlord - Tenant for Ohio on
Q: I live in a mobile home park and they are trying to force us all to get Wi-Fi through them is this legal

They said we don’t have a choice but to get this Wi-Fi through them even if we don’t want it and they will be adding to our monthly lot rent we don’t want it and I feel like it’s an invasion of privacy they said the mobile home park has an agreement with spectrum is this legal

James L. Arrasmith
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answered on Dec 21, 2024

You have the right to review your lease agreement carefully to see if there’s a clause that mandates using the park’s Wi-Fi service. Some mobile home parks include services like internet as part of the lot rent, which can make it seem mandatory. However, the legality of forcing you to use a... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Is it wise to seek justice for violations committed by state government?
Tim Akpinar
Tim Akpinar
answered on Jan 19, 2025

An Ohio attorney could advise best, but your question remains open for a month. It could depend on the issue and the agency. I realize that does not directly answer your question, but to get a meaningful answer, you'd probably need to consider sitting down and discussing with attorneys who... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: I was sentenced for a crime yesterday. After sentencing I left court. The balif came out and said I had to do it again

Because of a recording error. The balif said "this will help you in the long run" So the judge repeated the sentance again. Double jepordy?

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

The situation you described does not appear to raise a double jeopardy issue. Double jeopardy, protected under the Fifth Amendment, prevents an individual from being prosecuted or punished twice for the same offense after a final judgment. However, your scenario likely involves a procedural error... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Ohio on
Q: If I open my door, to answer police who are knocking at the door, can they push they're way in w/o search warrant?

Is the act of opening the front door considered an invitation to come inside? Once inside, would they have to show a search warrant apon request? Furthermore, would they have to give they're names and badge numbers apon request. Would they be required to wear vest cams while executing a bench... View More

Bruce Boerst
Bruce Boerst
answered on Nov 14, 2024

In Ohio, opening your door to police officers does not automatically grant them permission to enter your home without a warrant. The Fourth Amendment protects against unreasonable searches and seizures, and entry into a residence typically requires a warrant or the resident's explicit consent.... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Ohio on
Q: The United States Court of Appeals recently remanded my case back to the Southern District Court of Ohio

The court vacated the dismissal of my 4th and 14th amendment claims against a social worker from children's Services. They also vacated the dismissal of my conspiracy claims against the social worker and a police officer who assisted the her in the warrantless entry to my home. Another... View More

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answered on Oct 27, 2024

I understand that you're seeking legal assistance in Cincinnati, Ohio, to help with your case involving civil rights and housing issues. Given the complexities of your situation, finding an attorney who can work on a contingency basis or offer pro bono services would be beneficial.

You...
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1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: if i gave the police consent to search my phones can i revoke it and get my phones back

the police said they needed to search my phones for evidence of a crime they suspected i might have commited so i gave them consent can i revoke that consent and get my phone back. They searched me at school and found i had 9 phones on me which i owned them all and blank credit cards with nothing... View More

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answered on Oct 11, 2024

Yes, you can revoke your consent to the police to search your phones. If you no longer wish for them to continue searching, you have the right to withdraw your permission. However, revoking consent doesn’t mean they will immediately stop or return your phones, especially if they believe the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Does a 72 hour hold (OH) prevent someone from purchasing/owning firearms? Pink slip from a doctor, no judge involved.

A couple years ago I was pink slipped by a doctor to be placed on a 72 hour hold for severe anxiety. No judge was involved, I was not held passed the 72 hours, I never saw a judge or heard from an attorney. Everything was done in house by doctors and medical staff.

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answered on Sep 14, 2024

If you were placed on a 72-hour hold (often called a "pink slip") in Ohio due to a mental health crisis, it generally does not, by itself, prohibit you from purchasing or owning firearms. A 72-hour hold initiated by a doctor is considered a temporary detention for evaluation and does not... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Ohio on
Q: Police pulled me over stating they didn't see my temp tag which was legally in the back window but they ran dog after

They admitted as soon as got to car tag was there and legal but then ran the dog shouldn't that have been end of stop right there case they started fishing and also admitted to targeting me for allegations that were given in past that were not ever found to be true

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answered on Sep 7, 2024

When the police pull you over and immediately acknowledge that your temporary tag is legal and properly displayed, the reason for the stop should be resolved. At that point, the continued detention and use of a drug-sniffing dog could be seen as extending the stop without reasonable suspicion of a... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Constitutional Law and Landlord - Tenant for Ohio on
Q: Can a halfway house keep me from going to a home that I own.

I am trying to go home on an ankle monitor, my brother lives in my home and he has pending charges so they said I can not go there on an ankle monitor and I can not go there at all while he resides in my home. So I made plans to go stay at a friend's house. I then asked the halfway house if... View More

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answered on Sep 8, 2024

You have the right to ask for clarification and challenge the decision if you believe it's unreasonable or not based on actual regulations. If the halfway house is saying you can't go to your own home due to your brother's pending charges, they may be following a policy aimed at... View More

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Gov & Administrative Law for Ohio on
Q: To what lengths can the APA and a halfway house control my ability to practice my religion?

I am a Christian. My spiritual counselor happens to be a Metaphysical pastor. My pastor was approved as a spiritual advisor by both APA and my halfway house. When he refused to divulge information about our private conversation to my PO, the APA forbade any further contact with him. Weeks later, I... View More

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answered on Aug 31, 2024

It sounds like you’re facing a challenging situation where your religious rights are being restricted, which can be deeply troubling. The First Amendment of the U.S. Constitution protects your right to practice your religion, and it includes the ability to seek spiritual guidance from a pastor of... View More

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