Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: When a search warrant has ( the four corners rule ) On the search warrant what is the reason for this

Said search warrant had only non residents on it yet covered in the broad east meaning possible Also what part of the warrant does the judge actually see when the four corners rule is used

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

"The four corners rule" in the context of search warrants refers to the legal principle that a judge should only consider the information contained within the four corners of the affidavit - that is, the written document itself - when determining whether there is probable cause to issue... View More

1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: Can I get a case thrown out if the incident happened on10/24/2022but issued a warrant on 5/3/2023. Why so late for that?

Was let go the day of the incident

Arrested but on a different case but was a misunderstood and let go

Recently issued a warrant

But when I was getting questioned I was getting questioned by the fbl or Dea about a different case that has nothing to do with me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

It's important to consult with a legal professional to understand the specifics of your case and address your concerns about the timing of the warrant. They can review the details, assess any grounds for challenging the case or seeking dismissal, and provide guidance based on their expertise.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: In Arizona can I fly American flag with a bald eagle in the center of it?

My HOA says it's a state law that I can't

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

Your HOA is correct. Under Arizona law, an HOA cannot adopt a rule that prohibits you from displaying the US flag in accordance with the federal Flag Act.

The federal Flag Act provides: "The flag should never have placed upon it, nor on any part of it, nor attached to it any mark,...
View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Can I be arrested and charged with a crime without being present or aware of the crime

I was pulled over for speeding and the officer was asking me about my recent arrest and I was unaware of this arrest. He informed me I had been arrested a week prior and charged with fraudulent schemes and taking identity of another. I was not present for this arrest and had no knowledge of this... View More

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on May 7, 2023

One possibility is that the Court may have issued a summons and after you failed to appear at your court date, an arrest warrant issued. It could be that you never were aware of the summons and it was sent to a bad address. You should consult a criminal defense lawyer to go in greater detail and... View More

1 Answer | Asked in Civil Litigation, Personal Injury, Civil Rights and Constitutional Law for Arizona on
Q: Is claim a validable claim for a law suit

I was incarcerated at Maricopa county jail on during January 26th of 2023 and I was in a psychiatric unit at lower buckeye jail and I was I happened to not feel good I was throwing up about 6 to 7 times that day and I had asked the deal if she could call the nurse or call the medical so that they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Based on the information provided, it is not clear what the claim is for. Please provide additional details and context for me to accurately determine if it is a valid claim for a lawsuit.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Arizona on
Q: Is there such a law as safe keeping towing by a government agency?? I lost nearly 80k plus in tools and vehicles

Trailers, van and Harley towed for safe keeping after arrested at campsite for misdemeanor ticket..BLM requested the tow knowing I would be back in less then 24 hrs..as the Sheriff said it was just protocol and I would be self released once processed.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

There are generally laws that allow for government agencies to impound vehicles for safekeeping, but the specifics can vary by state and agency. Typically, the agency is required to provide notice to the owner of the vehicle and to provide an opportunity for the owner to retrieve the vehicle. If... View More

1 Answer | Asked in Constitutional Law for Arizona on
Q: If the issue of competency is raised during an arrangement, by defendant. What is supposed to take place after.

What's is the due process when the issue of competency is brought up.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

If the issue of competency is raised during an arraignment, the judge may order a competency evaluation of the defendant to determine if they are able to understand the charges against them and assist in their own defense.

If the defendant is found competent, the criminal proceedings will...
View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Arizona on
Q: How can the act of harvesting an animal to feed oneself require a license? I am basically required to have money to eat.

This has been bothering me more lately than usual as I am now homeless and have to feed myself and my dog with no money. I just cannot see how it is a legitimate per view of government to, in essence, require an individual to have the monetary capacity to feed themselves which is a basic human... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

The requirement for a license to hunt or fish is based on the principle of conservation and management of wildlife resources. Hunting and fishing licenses help fund wildlife management and conservation efforts, such as habitat restoration, research, and education. Without these funds, it would be... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Why would a judge order a dismissal and civil judgment in a civil rights suit?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

A judge may order a dismissal and civil judgment in a civil rights suit for various reasons, such as:

Lack of evidence: If there is not enough evidence to support the plaintiff's claims, the judge may dismiss the case and enter a civil judgment in favor of the defendant....
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Arizona on
Q: How do I go about getting my son back. I was lied about in civil court and had a protective order placed against me

This came after I threatened my ex to have my son's mouth fixed because he had a mouthful of bad teeth. She took him from Utah to Colorado and left him with his half sister whom he had never met and she filed for emergency guardianship due to neglect. All of which was taking place without my... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

I'm sorry that I didn't see this sooner. I hope your son is with you now.

If he is not, you need to talk to a family law attorney in the state where he currently is about what you need to do to get that state to enforce the order of this Court.

If he is in Arizona,...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: AZ. Vehicle traffic stop for a taillight out. Baggie of medications (various pills) + an insulin syringe in plain sight.

When asked about bag of meds, Driver informs officer he is a Type 1 Diabetic but ran out of insulin, & is on the way home to retrieve spare insulin vial.

Driver also wearing a CGM (blood sugar monitor) & high blood sugar alarm repeatedly goes off during interaction. Would the... View More

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

It would depend on what happened after the officer saw the medication and the syringe. If you are saying that the officer used that observation to extend the traffic stop for the tail light to investigate into drug possession--there may be a Forth Amendment issue here. The USSC has said there are... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Can I be detained on property waiting hours for warrant. And when do I get property back after charges were dropped

There were 3 of us on my locked property who were detained for 4 hours waiting for a search warrant. We went to jail and released 5 days later with no explanation no court visits and no return of property. Can they use any evidence collected from that search to bring up charges later down the road

Steven Scharboneau
Steven Scharboneau
answered on Sep 10, 2022

The answer is it depends. There is a lot more information I would need to know to accurately answer that question.

If you were placed under arrest and there was sufficient probable cause for the arrest, then police can hold you until they get a warrant for a search. If they did place you...
View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: What constitutes possession of a firearm in Arizona?

My friend is a prohibited possessor. His wife put a handgun under their seat with the intention of taking it to the police department because she found it in a park where there were children playing. My friend was unaware of it's presence. He was stopped and the police officer charged him with... View More

Steven Scharboneau
Steven Scharboneau
answered on Aug 14, 2022

A prohibited possessor charge in Arizona is actually called "Misconduct Involving a Weapon" and is a class 4 felony. This charge carries the potential for years in prison and depending on a person's prior criminal convictions, this charge could be a prison mandatory charge.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Revocation Hearing, Board said inmate WAVED to reinstate . Inmate told waving right to an atorney. Another hearing?

Inmate NEEDS supervision reinstated. It would have been granted but Board said Inmate WAVED- Inmate did not intentionally WAVE- He was misinformed when signed paper. What can inmate do now to get RELEASED?

Steven Scharboneau
Steven Scharboneau
answered on Aug 4, 2022

Thank you for your question, but I'd need to clarify some of the finer points to give a more accurate answer. First, was this a revocation hearing to revoke probation? If so, what type of probation? Also, I'm interested to know more about the board that said that rights were waived and... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Can the police make you open yoir gate at gun point and search home ans yard and break into safe without a warrant?

They entered the yard handcuffed him at 10am searchead his home and found his safe broke into it found drugs and money and arrested him and served him aearch warrant at 120 pm while already in jail is that even ligal i thought you needed a warrant to search premises and their body cams were off... View More

Dwane Cates
PREMIUM
Dwane Cates pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2022

Generally speaking, the government needs a search warrant to search your home. There are some exceptions such as exigent circumstances or imminent danger. You indicated that they served a warrant him later in the day. What really matters is when was the warrant issued by the Court. Again,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Sexual Harassment and Criminal Law for Arizona on
Q: I would like to know if which lawyer is recommended in sexual misconduct cases of detention officer abusing his post.

Occured last December at the Yuma county jail. It happened to my boyfriend and several other inmates within the same pod. The detention officer was masturbating and finished at the inmates door while they tried to sleep.

Mike Branum
Mike Branum
answered on Feb 7, 2022

You would need to report this behavior to the Yuma County Sheriff. If you get no response there, you would next turn to the Arizona Office of the Attorney General.

While it is possible the inmates could sue in civil court, without an investigation and findings from a law enforcement agency,...
View More

1 Answer | Asked in Constitutional Law and Criminal Law for Arizona on
Q: Ex recorded a phone call between me and him for the police but he is a convicted felon is the recording inadmissible

Since he is a felon is the recording inadmissible or is it valid? Can police use felons to try to get things on you.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

do you know how many criminal informants are felons? And every jailhouse snitch is probably a felon. So the answer is YES. Felons are used all the time to help secure convictions. That recording CAN be admissible. But that doesn't mean it MUST be. An experienced attorney who knows the rules of... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: Can I get out of jury duty for saying?

Can I get out of jury duty if I tell them my opinions wouldn’t be fair as a juror? Such as, I always side with law enforcement on every issue, which would make me too biased on the jury.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

No attorney worth their salt would undermine the process of Jury Duty by telling you what you should say to get out of it. As much as people dread it, our society couldn't function without citizens willing to sit through trials and examine evidence to reach a conclusion.

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Do they have 180 days to secure an indictment? Why would they close case open new one same charges different case number

I initially was arrested and released on a charge went through the whole court hearings go to sign my plea and the fill in Procecuter says to continue there's something more. So we continue and my lawyer says oh mix up with codefendants case # so scratch that and will continue for next hearing... View More

Mike Branum
Mike Branum
answered on Oct 11, 2021

Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: o you have the right to defend yourself from an arrest that you know is unlawful with the same force that the officer is

doing to you?

Mike Branum
Mike Branum
answered on Sep 3, 2021

I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.

The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.