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Wisconsin Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: I have been kicked out of two hotels, have been racially profiled, discriminated against and overcharged.

What would be the title of best lawyer to represent a case like mine?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you would likely benefit from seeking a lawyer who specializes in civil rights or discrimination law. These lawyers are experienced in handling cases involving racial profiling, discrimination, and unfair treatment based on protected characteristics such as race or ethnicity.... View More

1 Answer | Asked in Constitutional Law for Wisconsin on
Q: Were my 4th Amendment rights violated in a Wisconsin High School?

Event: I was returning from using the restroom at roughly 1 pm, and a teacher entered the same hallway and told me to go to the principal's office. We entered the office, and the teacher told the principal that I was "out of class," which we were allowed to be with verbal or written... View More

James L. Arrasmith
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answered on Feb 4, 2024

The Fourth Amendment protects against unreasonable searches and seizures, but the application of these rights can differ in a school setting. The U.S. Supreme Court has held that school officials need only to have "reasonable suspicion" rather than "probable cause" to conduct a... View More

2 Answers | Asked in Constitutional Law and Employment Law for Wisconsin on
Q: Can an employer change an offer letter 1 year after employment?

I signed a offer letter back in Jan. 2023 that states they are offering me a position as "full-time non-exempt" with a base salary. My employer just sent an email out stating all supervisor are hired salary-exempt/overtime eligible, and I sent a copy of my offer i signed and they are now... View More

Chelsea Brener Cusimano
Chelsea Brener Cusimano pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

The answer would depend on the employment laws of the State of Wisconsin. It would be important for the employee to look into the laws in Wisconsin to determine if it is an "at-will" employment state. It would further be important to look at the contract to determine if it is for a term,... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Wisconsin on
Q: Do the court system have the right to take some ones hand gun even though the person was never a felon,& the guns legal

I'm saying I've never been a felon, I bought the gun legally, & I'm a legal citizen so how can they tell me there going to keep my gun? doesn't that violate my 2nd amendment rights?

James L. Arrasmith
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answered on Jan 16, 2024

No, the court generally does not have the right to confiscate someone's legally purchased handgun if they have never been convicted of a felony and are legally permitted to own the gun.

A few key Constitutional principles here:

- The 2nd Amendment protects the individual right...
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2 Answers | Asked in Real Estate Law, Constitutional Law and Land Use & Zoning for Wisconsin on
Q: So my mother and I live together in the home she signed ownership of to me. I was wondering if the cops asked to search

Can she give them permission even tho I now own the house

James L. Arrasmith
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answered on Sep 11, 2023

In scenarios where multiple occupants reside in a property, the consent to search the common areas of the property can be given by any one of the occupants. However, since you are the owner of the house, you have a more substantial standing to either consent to or refuse a search of the property.... View More

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1 Answer | Asked in Constitutional Law, Criminal Law and DUI / DWI for Wisconsin on
Q: If a police officer puts the wrong time in report . Can case be dismissed . I was stopped at noon not midnight . He lied

I was stopped 2 days after I purchased a vehicle the office pulled me out of the truck preformed DUI test said I failed but I was sober . Lied on report said midnight and it was noon when stop occured . His testimony should be invalid even if I had a small but detected amount of controlled... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

If you were sober, the drug test will most likely be the single strongest piece of evidence that determines your guilt or innocence. If you had a small amount of a controlled substance, the "driving facts" will also play an important part in determining your guilt or innocence. A small... View More

1 Answer | Asked in Personal Injury and Constitutional Law for Wisconsin on
Q: How much time do first degree reckless conduct regarding of life carry
Tim Akpinar
Tim Akpinar
answered on Aug 24, 2021

A Wisconsin attorney could advise best, but your post remains open for four weeks. Personal injury attorneys are not likely to know this - you could repost under Criminal Law. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Wisconsin on
Q: I'm charged with dis orderly conduct and obstruction of Justice but I did not committ either

Short version cops called for noise complaint was not our home after sever times calling wife lier I stepped in told him was not us I was on couch talking to son no music here he became extremely upset when I attempted to close screen door he than ripped off my door I called 911 asked for police... View More

Gary Kollin
Gary Kollin
answered on Jul 6, 2019

Sounds like you should retain counsel.

2 Answers | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: i was on probation and taken to a police department, and was asked to take a voice detection test(like a polygraph)

and asked if i needed a lawyer and they told me no. i was later convicted on that crime is this legal?

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

If you were read your rights and you declined a lawyer prior to taking the voice detection test, then it will most likely stand up. If you were not Mirandized prior to taking the test, then it should have been raised and challenged in the prosecution of your case

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1 Answer | Asked in Criminal Law and Constitutional Law for Wisconsin on
Q: Could my 4th Amendment rights have been violated?

I was pulled over for 1 mile over the speed limit, 5 mins later given a warning. Passenger asked name, gave a false one pulled out the car. Another deputy comes to the car says im throwing white powder out the window makes me get out. I told him I was not giving him permission to search nor... View More

William F Sulton
William F Sulton
answered on Apr 6, 2018

More information is needed to provide meaningful advice. You cannot be arrested for (or charged with) possession of prescription medication without having a valid prescription absent probable cause. So unless you had a large number of pills or confessed, it would ordinarily be difficult to get to... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Wisconsin on
Q: How long can the police have my phone without a warrant?

My phone was seized without a warrant on November 13th 2017 the investigating officer came into the neighboring county (where I live and work) informed me I wasn't under arrest and I could go back to work whenever. After accusing me of something I didn't do I told him I was done talking... View More

William F Sulton
William F Sulton
answered on Feb 9, 2018

You should file a petition for the return of the phone under Section 968.20 of the Wisconsin Statutes. It is unclear whether there is a violation of the Fourth Amendment. You were told that you were not under arrest and voluntarily handed the phone over. You should have said no.

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Wisconsin on
Q: My school is threatening that if i talk to 1 specific person on school grounds ill get a ticket and in trouble can they?

i am being accused if being in a fight with a female at my school. i was suspended for 4 days i hen had a meeting with the assistant principle and they told me if i talk to her again on school grounds that they will have me suspended or expelled. i never signed anything saying those were the... View More

Emmanuel Muwonge
Emmanuel Muwonge
answered on Feb 6, 2018

While you do have rights of speech as you clearly articulate, those rights of speech must be contextualized. You must remember that the school as an institution has rules and regulations governing the conduct of students like you. Schools usually design their rules and regulations on the basis of... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Juvenile Law for Wisconsin on
Q: My 17 year old was arrested for disorderly conduct in Wisconsin. What rights do I have as a parent in this situation?

He was arrested for disorderly conduct during his high school basketball game after removing his jersey and throwing it at his coach and then yelling and swearing and punching a locker on his way to the locker room. I understand that at 17 the state of Wisconsin considers him an adult for the... View More

William F Sulton
William F Sulton
answered on Feb 3, 2018

You do not have rights, as the law defines that term. However, the situation is ridiculous and you should expect the charged to be dismissed.

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for Wisconsin on
Q: hello how far can city police officer follow you till the officer is profiling in a vehicle

stevens point police officers followed me about .5 miles we both stop at a stop light pass through the stop light on to the highway about 5 miles down the road i was pulled over in the right hand lane because i was about to get sandwich on the highway between the cop and a van that pulled on the... View More

Emmanuel Muwonge
Emmanuel Muwonge
answered on Jan 11, 2018

I believe that the city police officer can follow you within the jurisdiction he works and also call others if and when you are about or he suspects you will elude him or her into another jurisdiction. An officer can follow you for as long as s/he believes a crime is being committed has been... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Wisconsin on
Q: Can a police officer hold a charge against you to make you be an informant
William F Sulton
William F Sulton
answered on Apr 24, 2017

Police officers do not charge crimes, prosecuting attorneys do. Police officers do make criminal referrals to prosecuting attorneys. So I assume that is what you mean: the police officer is threatening to make a criminal referral unless you inform. And, yes, a police officer can do that.

1 Answer | Asked in Civil Litigation and Constitutional Law for Wisconsin on
Q: Can a County Court in one State, vacate the void judgment in a County Court of another State?

Example: Can the Kenosha County Circuit Court in Kenosha, Wisconsin vacate the void judgment of the Cook County Circuit Court in Chicago, IL?

William F Sulton
William F Sulton
answered on Apr 24, 2017

The short answer is no. But the court could refuse to enforce the void judgment.

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Wisconsin on
Q: Is it legal to make a song about killing the president?

And if a disclaimer were used such as "I DO NOT MEAN ANY ACTUAL HARM ONTO THE PRESIDENT", would that suffice?

William F Sulton
William F Sulton
answered on Apr 24, 2017

The short answer is yes. And you do not need a disclaimer. There are hundreds of songs about killing political figures. There is a different between artistry and threats. And there is a different between speech and true threats. I assume you fall squarely within the artistry and First Amendment... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Wisconsin on
Q: Can the police enter your home looking for someone that is not on your lease with a warrant for them by breaking it in
William F Sulton
William F Sulton
answered on Apr 24, 2017

Your question is more complicated than you probably intended it to be. Police may use and act on false information. The real question is a quality of the false information. You should review the application for the warrant at the circuit court that issued the warrant. The application will show... View More

1 Answer | Asked in Constitutional Law for Wisconsin on
Q: is it legal for a school to pat down(frisk) a student
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 2, 2015

No facts, just the question? Perhaps, what are the facts?

1 Answer | Asked in Constitutional Law for Wisconsin on
Q: What do they mean by establish post offices and post roads?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 19, 2013

This a quotation from the U.S. Constitution, Article I, §8, Clause 7. It gives the Congress the power "to establish post offices and post roads"

In 1789, when the Constitution was adopted, the mail was carried on by riders on horseback. Post offices were few and far between. So...
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