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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
Answered on Sep 24, 2016
Paul Stanko's answer
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.
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.
Q: Is it illegal to ise fire extinguisher if theres not a ffire. I got cited for disorderly conduct for using ome in house
Peter Munsing's answer
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.
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.
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
Answered on Sep 24, 2016
Peter Munsing's answer
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,.
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,.
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
Answered on Sep 24, 2016
Paul Stanko's answer
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.
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.
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
Answered on Sep 24, 2016
Paul Stanko's answer
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!"
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!"
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
Answered on Sep 22, 2016
Peter Munsing's answer
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.
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.
Q: What are my next step after a lawsuit is to proceed and transferred to another court
Peter Munsing's answer
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...
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...
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
Answered on Sep 19, 2016
Peter Munsing's answer
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!
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!
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
Answered on Sep 18, 2016
Peter Munsing's answer
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.
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.
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
Answered on Sep 18, 2016
Paul Stanko's answer
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?
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?
Q: The conviction was entered in violation of due process. Where the burden was shifted to the defendant in a criminal case
Paul Stanko's answer
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.
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.
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
Answered on Sep 17, 2016
Paul Stanko's answer
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.
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.
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
Answered on Sep 17, 2016
Paul Stanko's answer
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.
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.
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
Answered on Sep 16, 2016
Terrence H Thorgaard's answer
Yes, there is a government official you can contact: a judge. In other words, you have to file a lawsuit.
Yes, there is a government official you can contact: a judge. In other words, you have to file a lawsuit.
Q: Are there any circumstances or reason a lower court would not have provided audio recording of hearing held on record.
Tristan Kenyon Schultz's answer
The audio transcript may be lost of damaged. Your attorney should be able to get a written transcript... Talk to your attorney about options.
The audio transcript may be lost of damaged. Your attorney should be able to get a written transcript... Talk to your attorney about options.
Q: the title and registration is in my name can they take my car?
Peter Munsing's answer
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.
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.
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
Answered on Sep 15, 2016
Peter Munsing's answer
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.
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.
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
Answered on Sep 13, 2016
Andy Chen's answer
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.
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.
Q: Can friend throw me out of his house after I lived there for 15 yrs just because he wants someone else there now?
Jonathan A. Klurfeld's answer
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.
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.
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
Answered on Sep 11, 2016
Tristan Kenyon Schultz's answer
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...
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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