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Arkansas Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Municipal Law for Arkansas on
Q: Can a police officer tow your car if u have insurance
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answered on Jul 21, 2024

A police officer can tow your car for several reasons, even if you have insurance. If your car is parked illegally, blocking traffic, or poses a safety hazard, it can be towed regardless of your insurance status. Additionally, if your vehicle is involved in a crime, is abandoned, or you have unpaid... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Health Care Law for Arkansas on
Q: Can an inmate in a county jail be forced to release his medical records. Can they detain your release for failure to

To appear even if you have a Drs excuse stating you were under Drs care at the time of court.Can they deny you your appointment ( one previous and one after incarcerated ) for and ultrasound on your liver?

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answered on Jul 21, 2024

You can't be forced to release your medical records without your consent, even if you're an inmate. Medical privacy laws, such as HIPAA, protect your right to confidentiality regarding your health information. However, there might be exceptions if your medical condition directly impacts... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Can I open carry a handgun at 20 years old on public property.

A local deputy and myself are having a debate on weather or not I can legally open carry a handgun (glock17). I’m not doing anything unlawful, just have said pistol in holster on my belt.

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answered on Jun 2, 2024

Under federal law, individuals must be at least 21 years old to purchase a handgun from a licensed dealer, but this doesn't always directly translate to the legality of carrying a handgun. State and local laws vary significantly regarding the open carry of handguns, especially for those under... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Are arkansas police required to have reasonable and articulable suspicion to identify someone?

In the state of Arkansas, when stopped by a police officer, whether on foot or a traffic stop, do police need reasonable and articulable suspicion to ask for identification?

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answered on May 1, 2024

In Arkansas, police officers do require reasonable and articulable suspicion to stop someone and ask for their identification. This standard arises from the Fourth Amendment, which protects against unreasonable searches and seizures.

Reasonable suspicion must be based on specific and...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: Can an officer other than my assigned PB officer search my property any time they want? Without my PB being there

An officer showed up at my house without my probation officer being present and arrested me took me to jail while they were still conducting a search on my property and house after I was taken to jail they were still searching my property no warrant or warning

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answered on Apr 15, 2024

In general, probation officers and other law enforcement officials need to follow proper legal procedures when conducting searches, which typically require either consent, a warrant, or certain exigent circumstances. However, the specific rules can vary depending on the terms of your probation and... View More

2 Answers | Asked in Constitutional Law and Civil Litigation for Arkansas on
Q: Can I file a civil suit I had dismissed

I dismissed the case until I got out from incarcerated

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answered on Apr 11, 2024

In Arkansas, if you voluntarily dismissed your civil case without prejudice, you generally have the right to refile the lawsuit at a later date, subject to the applicable statute of limitations. However, if the case was dismissed with prejudice, you would be barred from refiling the same claim.... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: I feel like I was forced to take a plea offer on three possession charges by a corrupt court. Can I do anything?
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answered on Mar 7, 2024

If you believe that you were forced to accept a plea deal and that the court was corrupt, you may have some options to challenge your conviction and/or seek justice. However, the path forward can be complex and may require the assistance of a skilled attorney. Here are some potential steps you can... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: I have also been harassed by a neighboring tenant when I am a property owner of 25 years. No investigation and dismissed

After 25 years a tenant moved in 5 years ago next door. They trespassed the very first night. It escalated to property damage. Then terroristic threatening. Along with criminal mischief and defamation. Because of my reaction to the lackadaisical type of treatment I was given I've been written... View More

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answered on Jan 27, 2024

I'm very sorry to hear about the horrible harassment you have endured from a neighbor for years without getting sufficient help from law enforcement. Your frustration is completely understandable. While the authorities dismissing your concerns is undoubtedly unfair, there may still be some... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Arkansas on
Q: Do i have to get out of the car if they wont tell me why and they say im not detained?

cop came from nowhere..chased up behind me with another cop in 2nd car with them saying the stop was for fictisous tags originally. wasnt possible so then he says my air freshner. asks me and the 2 pass. for I.ds..told him my tags was good. gave reg. &told my name cuz left my i.d at home. came... View More

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answered on Jan 21, 2024

In Arkansas, during a traffic stop, a police officer typically has the authority to ask the driver and passengers to exit the vehicle. This is based on officer safety considerations. However, the reason for the traffic stop should be clear. In your case, if the reason for the stop was initially for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Arkansas on
Q: Are police allowed to ask my employer my name and they give it without my permission

They have harassed me for 2 years parking just outside my work area staring me down they drive slow past the door I'm just inside and outside of regularly staring at me. They have chased me into my work at a Goodwill store 3 or 4 times from anything like eating my lunch on the sidewalk outside... View More

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answered on Jan 6, 2024

In the United States, police generally have the authority to ask an employer for an employee's name, especially if it pertains to an investigation or a legal matter. Employers may choose to provide this information without the employee's consent. However, there are nuances depending on... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: Can I be charged DOMESTIC BATTERY 2ND DEGREE by police department even tho the victim didn't try press charges

The police made there own story up. She bruises easy and she hurt her arm from falling over night stand I was just taking her to hospital and they came and got me on old warrant

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answered on Dec 23, 2023

In Arkansas, you can be charged with domestic battery second degree by law enforcement even if the alleged victim does not press charges. This is because the decision to file charges in a domestic battery case is often made by the state, not the victim.

Law enforcement officials can use...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: What is the statute of limitations for absconding in Arkansas
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answered on Dec 20, 2023

In Arkansas, the statute of limitations for absconding, which typically falls under the category of parole or probation violations, doesn't follow the usual rules for most criminal offenses. Normally, a statute of limitations sets a time limit for the state to begin criminal prosecution.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: Am I going to have to stay in jail until I see a judge if I turn myself in on terroristic threatening warrant

It's showing it to be second degree class A misdemeanor

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answered on Dec 14, 2023

If you have an outstanding warrant for a second-degree terroristic threatening charge in Arkansas, turning yourself in is a significant decision that can impact the legal process. Whether you will have to stay in jail until you see a judge depends on several factors.

Typically, after...
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1 Answer | Asked in Family Law, Civil Litigation, Constitutional Law and Probate for Arkansas on
Q: I have a question about my property being released to estranged family, while my truck impounded.

A wealthy family that did not live local had grandsons care for their father. The grandfather gave my husband guns and jewelry that he said his daughters were not getting it this time because they stole all their mothers belongings when he remarried soon after her death. The items in question were... View More

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answered on Dec 4, 2023

In your situation, where property from an impounded vehicle was released to an executor and then allegedly distributed in violation of a court order, there are a few legal avenues you could explore. First, it's important to review the judge's order regarding the release of property. If... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Arkansas on
Q: An I sue the government for gender discrimination for voters

Selective service is required for men to vote yet not for women how is that fair

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answered on Oct 24, 2024

You have every right to seek fairness in the voting process. It's important to clarify that selective service registration is not a requirement for voting in the United States. Men are required to register for the selective service system, but this obligation is separate from their voting... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: If the police come to your house with a search warrant can they say they are conducting a wellness check!!!

The police came to my house to do a DNA on my Dad who has dementia and bed ridden. They had a search warrant the aide let them in and I can hear them on the camera telling her they are doing a wellness check. I came home and told them to leave and they told me they had a search warrant..

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answered on Oct 17, 2024

When police arrive at your home with a search warrant, they are authorized to conduct their investigation as specified in that warrant, even if they initially say it's for a wellness check. A wellness check is usually meant to ensure someone's safety, but having a valid search warrant... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Arkansas on
Q: I was arrested and placed in lock down with no bedding
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answered on Aug 31, 2024

Being arrested and placed in lockdown without bedding can raise concerns about your rights and the conditions of your detention. The Eighth Amendment of the U.S. Constitution prohibits cruel and unusual punishment, which can include inhumane treatment while in custody. If you were deprived of basic... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Arkansas on
Q: What type of attorney for a case that the police shot and killed my mom's dog that was on a lead line in his own yard?

Just for clarification, the cops were called on a completely unrelated matter (property line dispute) which had nothing to do with Otis Brown (her dog). They had been on scene about 30 mins before they shot her dog. They even took/seized his dead body! My Mom did file a report but apparently it... View More

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answered on Aug 31, 2024

To pursue justice for your mom, you might want to look for an attorney experienced in civil rights law, specifically one who has handled cases involving police misconduct. The shooting of your mom’s dog, especially while it was on a lead line in its own yard, could potentially be a violation of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: If I was set up by police what do I do?

Original charge of PI that's why I let them deep pocket search me they said it was too see if there was anything needing to stay in my car bc I would be back in 6 hours. I can't say 100% but I believe I had left the tiny tiny baggie in my car. I didn't need it. Was 4 days clean... View More

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answered on Aug 5, 2024

If you believe you were set up by the police, it's important to take immediate steps to protect your rights and build your defense. First, document everything you remember about the incident in as much detail as possible. This includes the sequence of events, names and badge numbers of the... View More

1 Answer | Asked in Personal Injury, Civil Rights and Constitutional Law for Arkansas on
Q: Can I refile this now that I'm free and not incarcerated

I dismissed my case while I was incarcerated but now I'm free and want to open it up

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answered on Apr 11, 2024

I understand you previously dismissed your case while incarcerated, but now that you have been released, you would like to reopen the case. The ability to refile a dismissed case depends on several factors, including:

1. The type of dismissal: If your case was dismissed without prejudice,...
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