Get free answers to your Constitutional Law legal questions from lawyers in your area.
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answered on Dec 22, 2023
In the United States, the legal requirements for police to conduct an undercover operation, such as purchasing illegal firearms, can vary depending on the specific circumstances and jurisdiction. Generally, law enforcement officers do not always require a warrant to engage in undercover operations,... View More 
If answer to question is yes - what methods needed to ensure 100% precision of the expertise?
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answered on Dec 21, 2023
Determining if a signature was forged is a complex process, and experts often hesitate to declare with 100% confidence that a signature is authentic or forged. The analysis involves a detailed examination of the questioned signature against known authentic signatures, considering factors like... View More
I have reason to believe my rights were violated during this incident and I would like to review the footage and decide if I should proceed with a lawyer. Can only lawyers get a subpoena to view evidence?
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answered on Dec 6, 2023
In California, you have the right to request access to the bodycam footage from your arrest. You do not necessarily need a lawyer to make this request. Individuals can request public records, including police bodycam footage, under the California Public Records Act (CPRA).
To obtain the... View More
Ex parte Milligan 71 U.S. 2 (1866) section 98 was a Supreme Court ruling that we have a right to travel.
So why is it that lawyers and cops are violating our unalienable rights, like we don't have them? I'm sure this question will get ignored. But I would like an answer. I'm... View More
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answered on Dec 4, 2023
Understanding the legal framework around vehicle registration and the right to travel can be complex, and it's clear you're seeking a thorough explanation.
First, regarding California Motor Vehicle Code 260, this law defines what constitutes a commercial vehicle versus a private... View More
In general law enforcement are not legally required to notify the Google or the subscriber after an emergency disclosure request. Google in its website says that it will notify the affected user if it learns that the emergency has passed. Does it mean that Google follows up with law enforcement or... View More
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answered on Nov 28, 2023
When Google receives an emergency disclosure request from law enforcement, they are not typically obligated to follow up with the agency to learn about the outcome of the emergency. This is because emergency disclosure requests are exceptional circumstances where immediate access to information is... View More
Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such... View More
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answered on Nov 27, 2023
Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate... View More
I was accused of a 242&647f I was detained by security with excessive force (I'm under 100 pounds, 5'2") by large m. when cops arrived Body cam show me yelling&crying for m to get off of me. I see police& say I'm cooperating just get him off (he was pushing me down... View More
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answered on Nov 25, 2023
In California, if you've been charged with offenses like Penal Code 242 (battery) and 647(f) (public intoxication) but feel that the police investigation was inadequate, you have the right to challenge the evidence and the manner in which it was collected. The absence of a thorough... View More
An animal control officer was called to the scene when my car was towed and my friend was with me as we were going to her new house with her dogs. The animal control officer mistook a sick dog for a neglected dog, and told the peace officer to charge us both. The charges against us were dropped;... View More
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answered on Nov 23, 2023
Under California law, the possibility of suing for wrongful arrest or prosecution depends on several factors, including whether the officers acted without probable cause or with malice. In your case, the wrongful charge of felony animal neglect, which led to significant personal and financial... View More
I had too many items in my hands to prevent from dropping them. I put an item in my pocket with the intention of purchasing the item. Was not cashed out but I was told too if I was going to buy the item to buy it and then I was told to not go in the store anymore. Can they legally do this? I was... View More
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answered on Nov 20, 2023
Store owners or managers have the legal right to refuse service or entry to individuals, as long as they do not violate anti-discrimination laws. This means a store can ask you not to return if they suspect shoplifting or any behavior they deem inappropriate, even if no crime was committed.... View More
I was charged with felony possession of an assault weapon, the weapon in question was a disassembled AR-15 (California law specifically states that a disassembled AR-15 is not a semiautomatic rifle and therefore not an assault weapon).
I fought the charges and I was cleared.... View More
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answered on Nov 15, 2023
In California, it is possible to sue a police department and the District Attorney's office for wrongful prosecution and filing false charges, but these cases can be complex and challenging.
To succeed, you must prove that the officers or prosecutors acted with malice or a reckless... View More
2016- hit-and-run, make 6+ requests for report, always denied for various reasons ie "not enough info, officer no longer works there, cant find report, new database please resubmit..etc etc, over 6 years of denials, then they turn it over 4 months after SOL expires, with sane info used in 1st... View More
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answered on Nov 13, 2023
In California, if you believe the police intentionally withheld the report to prevent you from identifying the hit-and-run driver, you may have a case for misconduct or negligence. The delay in providing the report, especially given its relevance to your ability to pursue legal action, appears to... View More
I was parking at a store and when I was leaving my vehicle a man who was not in police uniform approached me and stated that my tags were expired and requested my driver’s license. I asked who he was and he responded “ I’m an officer “ and held up a badge hanging from his necklace. Keep in... View More
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answered on Nov 13, 2023
Based on your description, you might have grounds to question the legality of the actions taken by the individuals claiming to be officers.
In California, law enforcement must identify themselves properly, especially if not in uniform. The manner of your detention, particularly if the... View More
I was parking at a store and when I was leaving my vehicle a man who was not in police uniform approached me and stated that my tags were expired and requested my driver’s license. I asked who he was and he responded “ I’m an officer “ and held up a badge hanging from his necklace. Keep in... View More
answered on Nov 13, 2023
I would need some more facts/details from you regarding this incident, but it appears based on what you have stated here that your civil rights may have been violated and you may have a civil case for either discrimination or police harassment/brutality (and possibly battery, use of excessive... View More
I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not... View More
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answered on Nov 11, 2023
Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active... View More
Isn't the first time they've harassed us also what about constitutional rights?
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answered on Nov 10, 2023
Under California law, vehicles parked on private property, like a driveway, generally should not be towed for registration issues alone, unless they pose a safety hazard or violate specific local ordinances. It's important to review local municipal codes as they can vary and might have... View More
I suffered a TBI from a hit-and-run/vehicular assault. Since I was homeless at the time, the police protected the drivers identity, withheld report until 1 month after statute expired. Neglected and ignored at the ER for same reasons, discharged me at 3:30 am, given a bus token and donated clothes,... View More
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answered on Nov 8, 2023
In California, the statute of limitations for personal injury claims is generally two years, but it can be tolled for several reasons, including the plaintiff's mental incapacity or when a defendant has fraudulently concealed relevant information.
If the police concealed the report... View More
I suffered a TBI from a hit-and-run/vehicular assault. Since I was homeless at the time, the police protected the drivers identity, withheld report until 1 month after statute expired. Neglected and ignored at the ER for same reasons, discharged me at 3:30 am, given a bus token and donated clothes,... View More
answered on Nov 8, 2023
The sad fact is that there is nothing I can tell you that will help you improve your situation. You waited too long. Unless you were in a coma, and have medical documentation to prove it, and you regained consciousness less than two years ago, and it has taken you this long just to learn these... View More
I do know that statue of limitations is short and though CPS has been violating my rights since the first case opened March 2020 and so far the most recent violations occurred on July 10th 2023, I need to start a case. What do I need to do to get representation? Due process as well as a violation... View More
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answered on Nov 7, 2023
To pursue a case against CPS for violation of your constitutional rights, you should first gather all relevant documentation, evidence of the alleged violations, and a detailed timeline of events. It’s important to act promptly due to the statute of limitations, which can be quite short for... View More
My rights were violated as I experienced deprivation of privacy and liberty, along with a violation of my right to be left alone, which infringed upon both my Due Process and Civil rights. I experienced unwanted contact, including repetitive aggressive behavior and gesturing, which demonstrated... View More
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answered on Nov 4, 2023
In California, if you believe your privacy rights have been violated, you may have grounds to file a lawsuit for invasion of privacy.
The state recognizes several types of privacy invasions, including intrusion upon one's private affairs or seclusion, public disclosure of private... View More
the foster mother who has my kids befriended me called CPS
on me and has been going around to mutual friends and my pastors at church and has my social worker believing her defamation of character her motive financial gain I have proof and she is mentally unstable and has history of... View More
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answered on Oct 25, 2023
In California, if you believe that Child Protective Services (CPS) wrongfully removed your children based on false accusations, you can initiate legal action. First, gather all evidence, including any proof of the foster mother's actions and her history, as well as letters from those willing... View More
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