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Oklahoma Constitutional Law Questions & Answers
0 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Oklahoma on
Q: If the police are lying on a police report against you. What should you do

They came in screaming at me . Crime scene was had numerous people in it, had no case number for search warrant, took things before they had a search warrant. Made me leave while they searched, ignored my request for an advocate when trying to get me to sign oaperwork

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: Can you carry in the gathering place in Tulsa Oklahoma

I saw an auditing video and very confused since the gathering place is privately owned but open to the public so would that be considered public property where you can carry or does the private property apply and the rules the private property have apply over the law

James L. Arrasmith
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answered on Jul 21, 2024

The Gathering Place in Tulsa, Oklahoma, is privately owned but open to the public. This means that even though it is accessible to everyone, it remains private property. Therefore, the owners can enforce their own rules and regulations regarding carrying firearms.

In this case, the rules...
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I was denied my medication when I was booked into city jail and made me miss two different doses and withheld my inhaler

I need to know if I have a case or not and wat kinda of lawyer do I need and I'm broke I can't afford to hire a lawyer unless one can work with my financial situation

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information provided, you may potentially have a case, but it's important to consult with a lawyer who can review the specific details of your situation. Here's some general guidance:

1. Potential case: Denying necessary medication and medical devices like inhalers to...
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2 Answers | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: How do i get justice for loud noise complaint that the oklahoma police department is doing nothing about it

i have many videos of this noise complaint

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

You can file a civil lawsuit against the individual(s) causing the loud noise for nuisance seeking an injunction to abate the nuisance. Your should a civil litigation attorney in or near the county where the noise complaint is occurring. Because of the nature of this matter, expect to pay a... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police served a search warrant on my apt based on an informants false statements. I have ring doorbell video evidence

Wrong address and zip code. Forced open locked safe that was not listed on warrant. I told officers that the address was wrong on the warrant.

James L. Arrasmith
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answered on May 24, 2024

If the police served a search warrant on your apartment based on false statements and with incorrect address and zip code details, and forced open a locked safe not listed on the warrant, you have several legal options. First, gather all evidence, including the Ring doorbell video showing the wrong... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: 4 times I have had my vehicle searched by a drug sniffing dog from 1 cop who has NEVER found anything. I asked him why

It was he felt he had to get a k9 and he said it was his right as long as he didn't go out of his way for the reason he pulled me over ( plate bulb) that it was legit. At what point when nothing is found no tickets issued ever is this harrassment?how do I get this creep to stop stalking me and... View More

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answered on Jun 10, 2024

If you are being repeatedly searched by the same officer without any findings or tickets issued, it can indeed feel like harassment. It's important to document each incident, including dates, times, and any interactions you have with the officer. This record will be valuable if you decide to... View More

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: I’m looking into creating a authority And putting on operators Do I have to insure for 30 days?
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answered on May 24, 2024

When creating an authority and putting on operators, you generally need to consider insurance requirements. Typically, you must have insurance coverage in place before your authority becomes active. This means you should ensure your insurance is set up to start as soon as your authority is granted.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: Does Oklahoma's Constitution ban Gender Specific laws, and if so, does this affect Abortion Bans in Oklahoma?
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answered on Apr 10, 2024

Yes, the Oklahoma Constitution does contain a provision that bans gender-specific laws. Specifically, Article 2, Section 32 of the Oklahoma Constitution states:

"No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature;...
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2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice for Oklahoma on
Q: Are there any lawyers available to assist me in a per se case?

I’m not seeking representation or legal advice, but I just need someone to make sure I get the right legal forms and make sure I file them correctly. I will everything for the case but I just need someone to kind of help me make sure it’s done right.

James L. Arrasmith
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answered on Mar 25, 2024

It sounds like you're seeking legal assistance primarily for procedural guidance rather than for representation in court. Many lawyers do offer services that can meet your needs. They can help ensure that your legal documents are correctly filled out and filed. Such support is often referred... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Animal / Dog Law for Oklahoma on
Q: Can the police enter my property without a warrant through a locked gate with no trespass signs in Oklahoma

12 Police climbed over my locked gate at 830am and asked for me to allow their vet to assess my horses. I told them that I work with a 501c3 rescue to rescue refeed and rehome horses from the slaughter pipeline. They lied and said my vet was the one asking the welfare check which I can prove is a... View More

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answered on Mar 24, 2024

It's essential to understand that, generally, police need a warrant to enter private property, but there are exceptions such as emergency situations, immediate threat to life or property, or other exigent circumstances. In Oklahoma, as elsewhere, no-trespassing signs and locked gates typically... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

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answered on Mar 24, 2024

It seems like you're in a situation where you're expecting transparency but are meeting resistance, which can indeed be frustrating. Typically, after a police incident, especially involving crimes like assault and battery, it is standard procedure for a police report or at least an... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: my constitutional right to travel whether by horses drawn buggy or automobile amendment 1,7&14 can a cop arrest me with

No laws broken and no danger to the public

James L. Arrasmith
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answered on Mar 14, 2024

I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Oklahoma on
Q: Shouldn't I have been given time to get another attorney?

My attorney recused himself from my case at my hearing and the judge MADE me represent myself. I didn't want to represent myself. Even asked for time to get a different attorney & she said no.

James L. Arrasmith
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answered on Mar 9, 2024

Based on the details you've provided, it seems that the judge's decision to make you represent yourself without providing you time to obtain a new attorney may have been improper. In the U.S. legal system, defendants have the right to legal representation, and if an attorney withdraws... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Oklahoma on
Q: Can a police officer drive out of his jurisdiction, and spotlight my house at 3 am without just cause?

The same officer has also pulled my wife over multiple times with no warnings or tickets. And now he's driving by the house at night. I have concerns of intent. Said officer has never pulled me over in her vehicle.

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answered on Feb 24, 2024

Generally, police officers are limited to exercising their official duties within their own jurisdiction unless specific agreements or circumstances allow for jurisdictional overlap, such as mutual aid agreements between neighboring jurisdictions or in pursuit of a suspect. The use of a spotlight... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: I am in a similar situation except the amount of meth is 0.52 grams total package weight. At the time of the arrest the

the first officer on the scene removed everything on my person and checked my pack of cigarettes and didnt find anything. upon arrival at county the other transporting officer got our all 3 of our property not separated. and i was booked in on poss of stolen veh. it wasnt until i went to arrainment... View More

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answered on Feb 22, 2024

Based on the situation you've described in Oklahoma, here are a few options you could potentially pursue to get the drug possession charges dismissed or evidence suppressed:

- File a motion to suppress evidence arguing an illegal search and seizure. The fact that the first officer...
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1 Answer | Asked in Criminal Law, Constitutional Law, Federal Crimes and Internet Law for Oklahoma on
Q: Can a case be dismissed on a typing error. Affidavit has date that hadn't even occurred yet on it as part of it

Example. On September of 2023 & January 31st 2024. And the person was arrested before January 31st. Saying a crime happened on or about those days

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answered on Feb 1, 2024

A case can potentially be dismissed due to a significant typographical error or inconsistency in an affidavit, particularly if it impacts the accuracy and credibility of the allegations. If the affidavit contains a date that hadn't occurred yet at the time of the alleged crime and the person... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: can a person who is a guest of a tenant, that has been previously trespassed be detained or arrested for trespassing?

I work for the Oklahoma City Housing Authority. This is in reference to senior building, single family homes and apartment complexes. We have many individuals who have been trespassed for various infractions of building rules, violations of the lease agreement and violations of the law i.e.... View More

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answered on Jan 30, 2024

In Oklahoma, if a person has been officially trespassed from a property and then re-enters the property, they can be detained or arrested for trespassing, regardless of whether a resident has allowed them as a guest. This is because the initial trespass notice overrides a tenant’s permission for... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
Q: Without exhaustion of administration remedies can an Oklahoma prisoner sue for damages upon discharge from prison?

Oklahoma inmate was attempting to address violations of constitutional rights through grievance procedure to exhaustion administrative remedies , prison staff blocked him from proper exhaustion of administrative remedies until he discharged. Inmate discharge before statute of limitations expired on... View More

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answered on Jan 6, 2024

In Oklahoma, as in other states, prisoners are generally required to exhaust administrative remedies before filing a lawsuit for violations of constitutional rights. This means they need to follow the prison's grievance process to its conclusion. However, there are exceptions to this rule.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: My husband is housed in Allen Gamble Correctional Facility. His case started in 1988. Case is to be commuted per atty

He’s been in prison for 38 years. his case was supposed to be commuted due to laws in early 80’s. Commutation Attorneys aren’t helping him. I am his wife. I truly believe he is unjustly still incarcerated.

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answered on Jan 5, 2024

If your husband's case was supposed to be commuted and it hasn't been, it's important to take immediate action. Commutation of a sentence typically requires a formal process, often involving a review by a parole or pardon board and, ultimately, a decision by the governor.... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Municipal Law for Oklahoma on
Q: What are the laws on using chalk on public streets for artistic purposes?
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answered on Dec 30, 2023

The laws regarding using chalk on public streets for artistic purposes can vary depending on the locality. In general, many places consider chalk art as a temporary, non-destructive form of expression, often likened to free speech under the First Amendment.

However, some cities or towns may...
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