Civil Rights Questions & Answers

Q: Can an officer reach into a person's empty pant pocket while conducting a weapons frisk prior to making an arrest?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Answered on Sep 24, 2016

A weapons frisk is unlikely to be suppressed. Were you driving while suspended or without a license? There are a lot of factors to be considered.
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Q: Is it illegal to ise fire extinguisher if theres not a ffire. I got cited for disorderly conduct for using ome in house

1 Answer | Asked in Civil Rights for Pennsylvania on
Answered on Sep 24, 2016

Someone called the police. You were apparently using a fire extinguisher when it was not required. They can ask for your name. Throwing you to the ground is uncalled for and you may want to contact an attorney who handles those types of cases. If you don't know who, call me. If they are pursuing an investigation, based on a complaint received--which it appears it was--they can ask your name and ask for identification if you have it.
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Q: My friend was beaten by L.A. Co. Sheriffs at the men's central jail in 2006. They broke his leg and he's suffering from

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for California on
Answered on Sep 24, 2016

First you don't want to list your phone number, name etc. Ask Justia to take this down and reformat it.

Contact the California Civil Liberties Union. Ask for the names of their "cooperating attorneys"--they give fred consulationa and focus on these types of cases.,However as to anything 10 yeara ago it is way too far away, and cannot be brought because of the statute of limitiations,.
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Q: How do I find the notes of decision annotation section for each New Mexico statute and Rule annotations online

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Civil Rights for New Mexico on
Answered on Sep 24, 2016

I am confused by your question. If you are a lawyer or paralegal, you would already know how to do legal research, and would not be asking the question. If you are a pro se litigant, you can find a great deal of information right here at Justia (and some other sites, as well). You mention formulating and supporting your arguments. If you are a pro se litigant, and you are making arguments before a court, you really should have an attorney making those arguments instead.
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Q: Can a law enforcement officer allow someone of the public to hear the recording on a stop

1 Answer | Asked in Consumer Law, Criminal Law, DUI / DWI and Civil Rights for Mississippi on
Answered on Sep 24, 2016

That decision would normally be made by someone much higher up in the police agency, most likely the chief of police or county sheriff, as the case may be. Also, if the recording of the stop is part of an ongoing investigation or criminal prosecution, the prosecutor would have some input into that decision, and the courts may get involved as part of the discovery process. So, not knowing the specifics, my answer would be: "Perhaps he can, but he almost certainly should not!"
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Q: Can a Armed Security Guard detain someone?

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for North Carolina on
Answered on Sep 22, 2016

Assuming the person met the requirements of private protective services http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_74C.pdf it would seem they can, but when and how is very dependent on circumstances. I suggest you contact a member of the north Carolina Advocates For Justice if you were stopped/detained and have questions.
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Q: What are my next step after a lawsuit is to proceed and transferred to another court

1 Answer | Asked in Civil Rights and Medical Malpractice for Tennessee on
Answered on Sep 19, 2016

As I mentioned in another post, you want to get a consult with a member of the Tennessee Trial Lawyers--they give free consults.. Medical cases are very very complicated. The post notes "civil rights." If this is involved contact the Tennessee Civil Liberties Union and ask for names of "cooperating attorneys." They also give free consultations. Understand that the law doesn't remedy all wrongs. Only certain ones. If you've been told "no case" by several attorneys, consider that if they don't...
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Q: What is my next step after I file a lawsuit

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for Tennessee on
Answered on Sep 19, 2016

First step would be get a consultation with a member of the Tennesee Assn for Justice. They give free consultations. You note "medical malpractice." If this is that type of case, you do not want to do it yourself--they are extremely expensive, very very complicated, and you can end up spending a huge amount of money and time and not get anywhere. Consult before you file!
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Q: If any personal items such as laptops or disc albums were to be strewn about due to trailer flip can cops impound it?

1 Answer | Asked in Car Accidents, Products Liability and Civil Rights for New Mexico on
Answered on Sep 18, 2016

You would want to ask that they allow you to get personal items. They can't impound unless they believe a crime was committed or if the crash resulted in a fatality or similar. If you aren't the owner of the trailer or driver, then there's the problem.
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Q: If a judge reads a person their miranda rights would that indicate they are not neutral and detached? MORE IN DETAILS

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for New York on
Answered on Sep 18, 2016

You should have a lawyer handling this. There is no problem with a judge advising you of your rights---in fact that is required at an arraignment. Miranda warnings are not even required absent custodial interrogation. Were you interrogated while in custody?
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Q: The conviction was entered in violation of due process. Where the burden was shifted to the defendant in a criminal case

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Answered on Sep 18, 2016

Your question is a statement without any supporting facts. The ultimate burden of proof beyond a reasonable doubt never shifts in a criminal prosecution, however the burden of going forward with evidence CAN shift. For example, in an affirmative defense situation, the defendant has the burden of going forward with evidence of the affirmative defense.
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Q: How long do I have to hold on to ex boyfriend's things after splitting up before I can throw them out? Nothing of value.

1 Answer | Asked in Civil Rights, Small Claims and Family Law for Indiana on
Answered on Sep 17, 2016

He abandoned the property. Send him a letter giving him a reasonable time to claim his items. If he doesn't then throw them out.
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Q: my job makes me disrobe and pee in front of a stranger with no past drug use history for a random drug test

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Employment Discrimination for Indiana on
Answered on Sep 17, 2016

Indiana is an employment at will state. While that employer conduct seems over the top, your recourse may be limited, unless those policies are being imposed in a discriminatory manner.
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Q: My neighbor is flooding my land!

1 Answer | Asked in Real Estate Law, Civil Rights and Environmental for Florida on
Answered on Sep 16, 2016

Yes, there is a government official you can contact: a judge. In other words, you have to file a lawsuit.
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Q: Are there any circumstances or reason a lower court would not have provided audio recording of hearing held on record.

1 Answer | Asked in Civil Rights for Colorado on
Answered on Sep 16, 2016

The audio transcript may be lost of damaged. Your attorney should be able to get a written transcript... Talk to your attorney about options.
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Q: the title and registration is in my name can they take my car?

1 Answer | Asked in Contracts and Civil Rights for Pennsylvania on
Answered on Sep 16, 2016

You don't say who the "they" is. If someone makes a threat to collect a debt you may have a claim under the Unfair Debt Collection Practices Act. You should write down everything the individual says, get their name, if they refuse to give their name ask for their supervisor, and document that discussion. Make copies of all emails. Agree to nothing--just ask for more clarification. Possibly a scam.
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Q: I have some questions about how my husbands death was handled by the police, in South Bend Indiana. He passed on 8/4/16

1 Answer | Asked in Civil Rights, Libel & Slander, Personal Injury and Wrongful Death on
Answered on Sep 15, 2016

The problem you have is that you have to let the DA's office handle it. Unless the person who killed him has traceable assets--and that is unlikely --you will have to pay a lawyer to represent you, and that wil be extremely expensive.
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Q: Do I have rights to sue/warn owner of dog which came running towards me outside their house?

2 Answers | Asked in Animal / Dog Law, Civil Rights and Personal Injury for California on
Answered on Sep 13, 2016

It doesn't sound to me you have a case. A dog ran at you and barked. You say you're afraid, but unless you can prove an injury of some kind, it could be argued that you're simply a thin-skinned opportunist. I'm not trying to rain on your parade, but that's a realistic possibility you'll face if you try to sue the owner. If the dog had bitten you, that'd be different as you would have an injury along with medical bills, etc and my answer would be different.
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Q: Can friend throw me out of his house after I lived there for 15 yrs just because he wants someone else there now?

1 Answer | Asked in Civil Rights for Florida on
Answered on Sep 12, 2016

Yes he can do so and this is not civil rights. You will need to find money or borrow it to move if he is evicting.
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Q: why is pyisican assisted suicide illigeal

2 Answers | Asked in Civil Litigation, Civil Rights, Government Contracts and Health Care Law for Colorado on
Answered on Sep 11, 2016

It goes back to English law (which the US adopted). There are two concepts: (1) under old (midlevel) English law suicide was illegal [this prevented a suicide victim from being buried at the local parish graveyard] and (2) under English law (which is still true and generally still true in most of the US) it is a crime to intentionally kill a person (i.e. murder or manslaughter). Note: both of these ideas originate from the Canon law (read: the Bible). The US and the UK have dropped the...
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