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Washington Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Civil Litigation for Washington on
Q: Is it legal to record a phone call with a company in WA without permission?

I am considering recording a phone call with a company based in Washington State, of which I am one of the parties. The purpose of the recording is for documentation/evidence. Is it legal to record the call without obtaining permission from the company?

Merry A Kogut
Merry A Kogut
answered on Feb 25, 2025

Thank you for the interesting question.

Washington State is a "two party consent state," which actually means that every party to a phone conversation, meeting, etc, must consent in advance to being recorded.

People who violate this rule can be subjected to criminal...
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1 Answer | Asked in Constitutional Law for Washington on
Q: as a child of an American father, and a Canadian mother, do I have dual citizenship?

father and mother were not married

James L. Arrasmith
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answered on Feb 8, 2025

Your situation depends on the laws of both the United States and Canada at the time of your birth. The U.S. generally grants citizenship to children born abroad to at least one U.S. citizen parent, but there are residency requirements for the American parent. If your father met those requirements,... View More

1 Answer | Asked in Consumer Law, Contracts, Constitutional Law and Education Law for Washington on
Q: Do teachers have the right to confiscate personal items for no reason? Even if I'm 18+? (Cascade high, Everett, Wa)

I'm a senior at Cascade High School in Everett WA, and my teacher is making a major change to the year-long syllabus, requiring students to put phones by her desk for the students to be marked present. I never take my phone out in class unless I get specific permission, so does she have the... View More

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answered on Jan 28, 2025

Your teacher does not have the right to confiscate your phone without cause, especially if you are not using it or causing a disruption. School policies generally allow for the restriction of phone use during class, but forcing students to hand over their phones as a requirement for attendance is... View More

1 Answer | Asked in Consumer Law, Animal / Dog Law and Constitutional Law for Washington on
Q: Is it better to just not say anything or say something? I feel sick knowing what i know

I know a huge pet cremation business that has cremated pets and not getting the paw print. Then using another dogs paw print instead. Would i get into trouble for knowing that? I feel like i should say something but I don't know what the cause and effect could come from it

James L. Arrasmith
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answered on Jan 27, 2025

It’s natural to feel conflicted when you know something wrong is happening, especially if it involves people’s trust in a business. If you’re worried about potential consequences, take a moment to reflect on why this is bothering you so deeply—it sounds like you value honesty and fairness,... View More

1 Answer | Asked in Banking, Communications Law, Constitutional Law and Identity Theft for Washington on
Q: I have been assigned a violation codes that is not the same as violation. How can I find the state it originates.

I was held for 3 days on a complaint. The video submitted and shown by my attorney is not continuous footage. The video is a personal cell phone upload by Telegram. Documents are submitted digitally by a app platform.

James L. Arrasmith
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answered on Jan 5, 2025

To identify the state associated with your violation code, start by examining any official documents you received. Look for headers, logos, or contact information that might indicate the issuing state. You can also search the violation code online, as many states have their codes publicly... View More

2 Answers | Asked in Constitutional Law and Criminal Law for Washington on
Q: In ICU for gunshot. Questioned by police while sedated. Police kept phone. Year later and subpoena for felon in poss
Cristine Beckwith
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Cristine Beckwith
answered on Dec 30, 2024

Sorry to hear. You will want to talk to an attorney in your area privately about this issue. Avoid speaking to law enforcement about this issue. An attorney should be handling communication with law enforcement.

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1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Can a police pull me over after running my name on the DMV data base for no reason
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answered on Oct 14, 2024

Yes, police officers have the authority to pull you over if they have a valid reason based on information from the DMV database. However, simply running your name without any specific cause may not provide sufficient justification for a traffic stop. Law enforcement typically requires reasonable... View More

Q: How do I deal with this? Is what they're trying to do even legal? If not who do I call, the judge's mommy

I am a disabled woman whose motorhome (where i live) is parked outside of xxx K Street, Hoquiam, Washington. The City of Hoquiam has violated my rights by pressing charges against the property owner of the address, that my motorhome is parked outside of on a public street, they have threatened him... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2024

I'm sorry for your ordeal. As my colleague mentions, legal aid could be a starting point, and also exploring whether your status makes you eligible for protections under disability laws. Good luck

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Q: When minor's get paychecks and have to pay the taxes isn't this taxation without representation?

I'm 16, and whenever I receive a paycheck, I lose about $25 to $30 due to taxes. This made me think about the Constitution and how this feels like textbook taxation without representation. I’ve done some research, and taxation without representation describes someone who is required to pay... View More

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answered on Sep 25, 2024

You’re right that taxation without representation historically refers to being taxed by a government without having a say in its decisions. In your case, you’re paying taxes, but because you’re under 18, you can’t vote yet, which might seem like you’re not being represented.... View More

1 Answer | Asked in Employment Law and Constitutional Law for Washington on
Q: I was terminated due to not giving a urine anlysis. My argument is that it was given by directo oberservation

I consented to a u/a however when I found out it was by direct oberservation I wouldnt give one due to invasion of privacy and trauma regarding the collection process. It is not in their policy rule that the do the u/a with direct oberservation. I filed for unemployment and got denied, I have... View More

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answered on Sep 14, 2024

It sounds like you are challenging your termination based on the lack of a policy about direct observation during a urine analysis (UA) and your concerns about privacy and trauma. When a workplace conducts drug testing, they generally must follow specific procedures outlined in their policy... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Can my apartment manager turn around and charge me for windows the police broke out?

I was in my house sleeping when I heard a hard knock on my door. I answered the door and it was the police. I passed my daughters friend on the way out. I talked to them and they wanted my daughters friend to come out but he wouldn't. I went in tried to talk him into leaving and he said no. I... View More

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answered on Aug 31, 2024

In your situation, it sounds like you're facing an unfair charge for damages caused by the police, not by you. Since you had no control over the police's actions or the damages they caused, it's questionable whether your apartment manager can hold you financially responsible. The... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Federal Crimes for Washington on
Q: I have a civil rights complaint; all my rights were violated for 30-years And a criminal complaint; what should I do?

I have filed the complaint with the judge

I am Pro Se

and there is AI inteference with my computers online connection

My president is Joe Biden and Trumps running for re-election?

What do I do?

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answered on Aug 31, 2024

It sounds like you are dealing with a complex and overwhelming situation. If your rights have been violated over such a long period and you've already filed a complaint with the judge, the next step is to ensure that your case is being properly addressed by the court. It's important to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Washington on
Q: i think my privacy rights have been violated by Columbia River Mental Health, they helped me get housed.

i dont believe i signed a disclosure for them to discuss my addiction status with my potential landlord, I know that her and I said we didn't know why it would be important for them to know that information just to rent to me. all I know is that my second month rent wasn't paid and I got... View More

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answered on Jun 26, 2024

I understand you're dealing with a sensitive and frustrating situation regarding your privacy and housing. Let's break down the legal aspects of your question:

1. Privacy rights and health information:

Your health information, including addiction status, is protected under...
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1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Washington on
Q: Did my school violate my 1st amendment rights by making me remove my lai just because they saw I was white?

My school told me just before I walked for graduation that I couldn't wear my flower lai (which was given to me by my bestfriend who is Hawaiian) because it was "not from my culture" and that I had to remove it immediatly or not walk at all. I am very upset at this, as there is no... View More

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answered on Jun 21, 2024

It sounds like your school may have acted unfairly by making you remove the flower lei, especially since there was no clear rule against it. The First Amendment protects freedom of expression, but schools have some authority to regulate certain types of speech and attire, especially during official... View More

2 Answers | Asked in Constitutional Law and Libel & Slander for Washington on
Q: I am looking for an attorney familiar with filing False Claims Act cases. Ideally, they would also speak Spanish.

There are some unrelated questions in other areas, too. Breadth of experience, please.

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

A Washington attorney could advise best, but you posted last week. You could search under qui tam and whistleblower law firms, in addition False Claims Act law firms - some firms use those terms interchangeably, depending on the nature of the cases they handle. Local and state bar associations... View More

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1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Washington on
Q: Do police officers tell parents to hit there kids as hard as they can in Washington state

My mother is saying that the police told her to hit me as hard as she can over me running away as a minor. I wasn’t able to tell the police the part where she was beating me but because I was afraid of going into foster care and she said they told her I was being abusive and she had to beg them... View More

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answered on Jun 10, 2024

I'm really sorry to hear about your situation. In Washington State, police officers do not have the authority to tell parents to hit their children. Physical punishment, especially if it results in injury, can be considered child abuse, and law enforcement officers are trained to protect... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Washington on
Q: my incindent number changed to the one when i got pulled over.

my release of conditions has my other inicendent number, and its from a differnt agenecy that pulled me over for my warrents. not from when i was charged. and how do i sue for unlawful detainer and a judge court ordered me to a differnt jail even tho i have proof they had no holds on me

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answered on May 24, 2024

It sounds like your situation is complex, involving multiple incidents and a mix-up with incident numbers. If your release conditions have an incident number that doesn't match the one related to your pull-over or arrest, this could be a clerical error or miscommunication between agencies.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Can I sue the police for the cost of my ring during a search warrant. Plus my stuff that was stolen after?

My daughters friend went in my house and wouldn't come out. I came out my house and they allowed me to go back in and try to talk the person out. The person didn't live at my house or have any way of connecting to my ring. They didn't ask me anything they just shot my ring off. If... View More

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answered on May 19, 2024

You may have grounds to sue the police for damages if they acted negligently or unreasonably during the search warrant execution. Shooting your ring without asking questions, especially when you were the only person with access, could be seen as an unnecessary action. If the police left your home... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Municipal Law for Washington on
Q: I was charged for a DV that happened outside of the municipality.

I signed a SOC that listed the municipality incorrectly. I'm trying to attack the SOC. Shouldn't the court need juristriction to approve the SOC.

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answered on May 19, 2024

If you were charged for a domestic violence incident that happened outside of the municipality, and the Stipulation of Compromise (SOC) lists the incorrect municipality, you have grounds to challenge it. The court needs proper jurisdiction to approve and enforce legal agreements, including an SOC.... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Washington on
Q: Should a magistrate judge inform a plaintiff about his or her previous work history?

When a Magistrate Judge, who use to work for the Attorney General's Office, has a defendant who also use to work for the same Attorney General's Office.....AND.....the defendant is being represented by an Attorney for the same Attorney General's Office...Should the Magistrate Judge... View More

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answered on May 19, 2024

When a magistrate judge has a past work history with the Attorney General's Office, and the defendant or their attorney also has ties to the same office, it raises potential concerns about impartiality. The judge should disclose this information to all parties involved. Transparency in this... View More

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