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Utah Constitutional Law Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: in utah while living in a homeless micro-shelter program with my wife, not allowed privacy while getting intamate wrong?

We are not allowed to cover the window in the micro-shelter when getting intamate, changing, or even at night when sleeping. I have had staff walk in while we were naked and making love to each other.

James L. Arrasmith
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answered on Mar 24, 2024

It sounds like you're facing a deeply uncomfortable and potentially violating situation. In any housing environment, residents should expect a degree of privacy, especially for intimate moments. The lack of privacy you're describing, particularly the inability to cover windows and... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: If you roofie someone then coerce them to drive on the highway to ensure they're driving when knocked out. What crime?

This happened to me.I have spent the last 12 years trying to get justice ever since. It's a disgusting abomination of justice I am determined to correct.

James L. Arrasmith
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answered on Feb 23, 2024

What you experienced is a serious criminal offense that involves multiple violations of the law. Roofie-ing someone with the intent to incapacitate them and then coercing them to drive while they are unconscious constitutes a range of offenses, including but not limited to drug-related crimes,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Police walked in my garage&detained me for not letting em in. Took my phone wouldn’t let me record. Much more.CanIfight

I called on the neighbor but they told them someone lived here had a warrant. He doesn’t live w me & he left earlier but they arrested me & took my phone & pushed me around wouldn’t let me record or call my mom to get my kids & I sat in copCar w cuffs so tight for 2hrs. They... View More

James L. Arrasmith
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answered on Jan 21, 2024

In your situation, there are several legal concerns that should be addressed. Firstly, the legality of the police entry into your garage and subsequent actions depend on whether they had a warrant, exigent circumstances, or another legal justification for entry. Without a warrant or exigent... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: When conducting a search warrant can police use excessive force on me and my children even if we are complying?

Police came banging on my door not once did they announce who they were or that they had a search warrant. I grabbed my pitbull and asked if I can put her in the kennel before they completely broke down my door . They kicked it in and all i can see is guns pointing at me and my two children and... View More

James L. Arrasmith
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answered on Dec 23, 2023

Under Utah law and the U.S. Constitution, police are required to conduct themselves in a manner that respects your civil rights, even when executing a search warrant. The use of force must be reasonable and proportionate to the situation. Excessive force, especially when you and your children are... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Utah on
Q: Does a specific antibody deficiency disorder fall under the category for ADA disability act? I also am Rh- F5 owrens?

F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this "accommodation".

James L. Arrasmith
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answered on Dec 6, 2023

Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Can an officer take your phone from you while you are being detained because they don't want you to record it?

This happened in Utah

T. Augustus Claus
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answered on Nov 14, 2023

Police officers cannot take your phone from you while you are being detained because they don't want you to record it. The Fourth Amendment to the United States Constitution protects your right to be free from unreasonable searches and seizures, and this includes your right to record police... View More

2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Utah on
Q: Can you sue a company for posting pictures of something you constructed (built) with out recognizing you as the builder?
T. Augustus Claus
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answered on Oct 24, 2023

In Utah, you can potentially sue a company for using pictures of something you built without crediting you, but the outcome depends on various factors. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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1 Answer | Asked in Employment Law and Constitutional Law for Utah on
Q: I am a subcontracted employee that delivers mail to separate post offices. Can I conceal carry while at work? (Utah)

There are signs that say bringing a firearm into the building is illegal, unless on "official business". If I am "performing the authorized duties and responsibilities of an employee’s position", is that not "official business"?

James L. Arrasmith
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answered on Oct 15, 2023

Under Utah law, an individual with a valid concealed carry permit may generally carry a concealed firearm. However, specific properties, including certain governmental facilities, can prohibit firearms on their premises. The language about "official business" could be interpreted in... View More

1 Answer | Asked in Constitutional Law and Real Estate Law for Utah on
Q: I am rental prop. owner and was sent pre-lien letter 2-10-23 and i paid the 2 invoices on 2-11-23 by USPS & confirm by

how is the matter resolved when the check clears? Can the legal assist. who sent the letter add atty fees, unauthorized contractor fees and interest from 2-10-23 in the amount of over $400? I notified ALL PARTIES AND LEGAL ASSIST. Feb. 11 by email that I already put their check in my lobby of my... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you have already paid the pre-lien notice in full, including the invoices and any late fees or interest, and have proof of payment, then the legal assistant should not be able to add additional fees or charges. However, if there is a dispute regarding the payment or additional charges, it may be... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: CAN I USE ANOTHER STATE'S SUPREME COURT RULING IN MY STATE?

“But the interpretive rule of legislative acquiescence bars us from disregarding that body’s failure to amend the drug possession statute for the last 40 years.” - IN THE SUPREME COURT OF THE STATE OF WASHINGTON "...statute was unconstitutional, violating due process clause protections... View More

Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

The short answer is "yes." Prior precedent within the state is referred to as binding or controlling, as lower courts are required to follow it and appellate courts (simply put) would have to overrule it to depart from it. Authority from other jurisdictions is considered... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for Utah on
Q: Someone has committed criminal defamation against me, what do I do? Should i report it to the police?

In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.

I can file criminal charges right?

76-9-404.  Criminal defamation. 

(1)A... View More

Mike Branum
Mike Branum
answered on Jun 30, 2020

Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: Search of someone's lunge area that is under arrest can they search someone else's property who isant involved?

My boyfriend got arrested for some warrants and ended up having drugs in his pocket. They searched the lunge area in his vehicle which supposedly included my purse on the floor of the passenger side of his vehicle despite me telling them they could not because I wasant under arrest at this point.... View More

Aric M. Cramer
Aric M. Cramer
answered on Oct 31, 2019

I don't know what a 'lunge area' is. These suppression issues are highly fact specific. Contact a local criminal defense attorney for a detailed meeting in person.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: I'm on probation and renting a room in my aunts house, can they search the whole house or only my property and room?

In utah

Taylor C. Hartley
Taylor C. Hartley
answered on Sep 9, 2019

Normally, law enforcement only has the right to search the area you're renting. If your rental agreement allows you to be in other parts of the house, then you're not just renting a room, but all the common areas, too. The other parts of the house may also be subject to search if you... View More

1 Answer | Asked in Constitutional Law and Military Law for Utah on
Q: I run a charity for military families. We wear multi-cam's with our patches fully identified upon them.

We work directly with the military and members of my team are both military veterans and civilians trained alike. We have been doing this for 10 years. A group of people have gotten together to stop the work that we are doing and asked the State of Utah to have our uniforms taken off. Like the... View More

Mike Branum
Mike Branum
answered on Mar 14, 2019

I can not think of a law which would allow them to take action against you to restrain you from wearing an article of clothing merely because it resembles a military uniform. To provide you with more constructive legal advice I would need more information about who "A group of people" are... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Utah on
Q: Can the police go inside a home to do a welfare check even if they arrest the person who owns the home?

Someone called the police saying my friends & his gf were arguing. When police arrived my friend was in his front yard, not upset not fighting with anyone, he saw the officer and asked him how his day was. My friend stayed on his property and the officer approached and told him of the dv call... View More

Aric M. Cramer
Aric M. Cramer
answered on Jul 22, 2018

Well they can because they did. The issue is the condemnation of the home. You will need to contact a real estate attorney who is familiar with this area to get a specific legal opinion.

2 Answers | Asked in Criminal Law, Immigration Law, Constitutional Law and International Law for Utah on
Q: Which process would be best? Form I-130 or Form I-485?

My mom illegally entered the United States 20 years ago, and has stayed here since then, I am soon turning 21 in July 2018. Which would be the best course of action without her having to return to the mother land?

Aric M. Cramer
Aric M. Cramer
answered on Jan 11, 2018

You need to ask an immigration attorney. My practice is limited to criminal defense.

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1 Answer | Asked in Criminal Law and Constitutional Law for Utah on
Q: Why hasn't the prosecution provided my lawyer with the search warrant and affidavit discovery for 4 months?

The day of my arrest the detective was in the process of amending a search warrant he had approved from the night before. Evidence was seized 10 mins prior to the search warrant being amended. Now, they won't provide the original search warrant. My case has been continued twice because they... View More

Aric M. Cramer
Aric M. Cramer
answered on Jul 30, 2017

No way to know without much more information.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Utah on
Q: can a judge deny me the right to subpeona a witness on my behalf for any reason i utah?

on dec. 2, 2015 final p.c. my att. handed me a cd that he said he just got but has not reviewed, this is 2 business days before trial. i listened to it after court. this cd was from an interview of police questioning.there is info. on disc that was from co-def that i wanted to subpeona. the judge... View More

Aric M. Cramer
Aric M. Cramer
answered on Mar 29, 2017

Well maybe. That is a complex question. Your attorney should be able to help.

1 Answer | Asked in Small Claims, Business Law and Constitutional Law for Utah on
Q: Do businesses have to follow the First Amendment? Are they subjugated to the same laws?

The game is League of Legends. The terms literally say that they have he right to steal the in game content you purchased if you violate their rules. My situation includes me using explicit and vulgar language in frustration towards other players online. Because of this my account is banned and the... View More

Wesley Winsor
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Wesley Winsor
answered on Jun 8, 2017

Your first amendment right doesn't give you a license to make other people listen to/read whatever you say. Your first amendment right secures your right to freedom of speech or in reverse, makes it so that any law passed abridging your freedom of speech is unconstitutional. Neither the U.S.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: if during a inventory search on a car, a bag with drugs and a gun is found who gets charged?

neither the driver or the passenger is the owner of the car, the driver is initially stopped by an off duty cop who thought these people looked like two suspects wanted at the time, even though the descriptions did not match at all. except for one white male and one tongan male. after confirming... View More

Aric M. Cramer
Aric M. Cramer
answered on Nov 10, 2016

The cops always charge everyone in the car when they find drugs. You need to get an attorney to help you litigate these other issues.

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