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1 Answer | Asked in Civil Rights and Criminal Law for Oregon on
Q: Can I be charged for anything inside of my backpack if it was searched by my mom and given to the police?

I bought the backpack with my own money last year, and had no knowledge that she would be searching it. She just walked into my room, grabbed it, brought it into her own room, searched it, and shouted that she was going to call the police whenever she discovered that I had about 2 grams of weed in... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

Yes. If your mother discovered a bag of weed in your bag and reported that to police, police had grounds to legally search your bag.

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was this a violation of my 4th amendment right?

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There are a number of considerations to determine whether a warrantless search in a hospital violates the 4th Amendment. You can read the attached article:... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was this a violation of my 4th amendment right?

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.

Anthony M. Avery
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answered on Jul 11, 2024

You will need to read the Arrest Warrant and see what probable cause for the stop, detention, search and arrest is cited. If it looks questionable, prepare for a Preliminary Hearing. Hire a competent attorney. If indicted, then the Motion To Suppress should be made at that Court.

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1 Answer | Asked in Civil Rights for Arkansas on
Q: I am seeking guidance on how to legally protect my use of sacramental plant medicine under the RFRA.

I am seeking guidance on how to legally protect my use of sacramental plant medicine, such as psychedelic mushrooms, under the Religious Freedom Restoration Act (RFRA). I am a member of the Church of the Sacred Plants and want to understand the legal protections available for the religious use of... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

# 1) Read https://law.justia.com/cases/federal/district-courts/FSupp/906/1494/2126785/ to consider whether the "Church of Sacred Plants" constitutes a "religion" protected by RFRA

# 2) Read https://supreme.justia.com/cases/federal/us/494/872/ to consider whether the...
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1 Answer | Asked in Car Accidents, Civil Rights and Municipal Law for Louisiana on
Q: Louisiana , my local police dept failed to investigate my stolen car. Thief ended up totaling my car drunk

My car was stolen july 4th from a parking lot i IMMEDIATELY called police and reported it. They quickly arrived & took my written statement. I knew who stole it by name. Eyewitness info or statement was not taken by police. Nor was the surveillance video from motel6 either. They never returned... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There is nothing which prohibits police from properly processing auto theft charges now. Given that they know who stole it by name, why would they need to question anyone or to see the surveillance video? It doesn't look like the thief who wrecked your car is likely to be able to avoid the... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Can I get a list of debts that the bill of rights section 18 covers please
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There is no such "list." Section 18 does not list or describe what constitutes a "debt" for purposes of this state constitutional provision, so the question is addressed on a case-by-case basis depending upon the particular facts and circumstances.

For example. the...
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2 Answers | Asked in Civil Litigation, Civil Rights, Federal Crimes and Military Law for New York on
Q: What Is REMOT NEUROLOGICAL MONTIER LEGAL ACTION NY ?

I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If the identity of the individual who committed the crime is in dispute, the discrepancy in the physical description could be powerful evidence in securing an acquittal. But, standing alone, that is not strong enough to secure a pretrial dismissal in the absence of other evidence that they... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2024

My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native...
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1 Answer | Asked in Family Law, Domestic Violence, Civil Litigation and Civil Rights for Texas on
Q: What can I do to protect myself, my pets and my belongings from an angry vindictive boyfriend that I live with?

I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.

Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and...
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2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Can a tenant in a apartment complex place 2 Ring camera's on their front door & screen door facing the mailboxes

and common areas. In front of their door has a hallway and is recording them without their consent Tenants in the apartment complex feel violated about this aggressive action of this tenant. They are running a business out of their apartment and the Property management is turning a blind eye. The... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

CA Penal Code 632 section(c) has excluded communications that a person reasonably does not expect confidentiality. This statute does not seem to apply to your case because no one expects full privacy in the common area of the apartment complex.

If...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: If someone is under investigation how long can they be held in jail?

My brother is in jail on a drug charge the DA isn't accepting any pleas due to him being part of an ongoing investigation, how long can they prevent him from finishing up the charges he is being held in jail for? They keep resetting him rather than offering him anything and letting him sign... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

At any time, even without a plea bargain in place, your brother can enter a plea of guilty and ask to be sentenced by the court. This is called an "open plea." The judge will then determine his punishment within the range of punishment for the offense and he will receive credit for the... View More

2 Answers | Asked in Family Law, Education Law and Civil Rights for California on
Q: Hi, Im trying to hire an attorney for a Cross Complaint Case that is made against me and my family

My son was in an altercation at school with a student that was calling my son racial slurs. My son lost his temper and him and the boy got into a fight. The boy family is taking the school and me and family to court claiming my son attacked the boy. The boy continued to call my son racial slurs... View More

James L. Arrasmith
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answered on Jul 2, 2024

Based on the situation you've described, here are some steps you might consider taking:

1. Seek legal representation: It's crucial to find an attorney who specializes in both family law and civil litigation, preferably with experience in cases involving minors and school-related...
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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

James L. Arrasmith
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answered on Jul 2, 2024

Under California law, as a member of a local Fire District Board, you do have First Amendment rights, but they can be subject to certain restrictions. Public officials, especially in their official capacity, may face limitations on their speech to ensure that they represent the board and the... View More

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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

It's possible it could violate First Amendment rights, but it would be difficult for attorneys here to make that determination without knowing more about the basis for their approval measures (public safety, firefighter safety, security, or possibly no valid basis). A meaningful analysis would... View More

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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

Robert Kane
Robert Kane
answered on Jul 1, 2024

To prohibit you from talking "about [absolutely any] issues concerning fire protection" seems incredibly broad and unrealistic. As with any organization, some matters may need to remain confidential. For example, city council members may be briefed concerning lawsuits against the city.

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1 Answer | Asked in Landlord - Tenant, Contracts and Civil Rights for California on
Q: does the following count as an eviction notice.

“ You are not a tenant at the apartment. It’s not my apartment I do not live there and you stayin there is not allowed. I am not a tenant and you are not one either there was no rental agreement between us and you are in MY apartment against my wishes. This is an unlawful occupation of my... View More

James L. Arrasmith
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answered on Jul 1, 2024

Based on the information provided, there are several important points to consider:

1. Tenancy status:

Despite not having a written lease agreement, you may still be considered a tenant under California law. If you've been living in the apartment for over 6 months and paying...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law, Juvenile Law and Family Law for California on
Q: What began as a runaway teen turned into abduction when she returns home. How do I get the police to make arrest?

My daughter ran away, but upon returning home the following day my son's ex manipulates her by saying she was not allowed to come back home. She tells my child if someone sees her cps and police will be called to take her away. The ex girlfriend then relocates her to another location,... View More

James L. Arrasmith
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answered on Jul 1, 2024

1. Document everything: Compile all evidence, including witness statements, timelines, and any communication with the ex-girlfriend. This documentation will be crucial for any future legal action.

2. Escalate within the police department: Request to speak with a supervisor or the chief of...
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1 Answer | Asked in Civil Rights and Libel & Slander on
Q: My son recently passed away,a girl he knew is saying I killed him. State police showed up at my house. I want a slander

It's turned people against me. She won't stop. Caused severe depression. Physically sick from her accusations

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

Yes if police believe him and take action that causes you compensable damages (like placing you under arrest), you can sue her for those damages. Because there is a privilege to report to police a crime you think happened, you will need to prove that she knows you didn't kill him and is... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: If I have 14 year old felonies in Florida… can I own a black powder pistol for home security and defense?

I would also like to get my rights back to bear arms… in Florida… how successful is it with a specialized attorney in actually getting your gun rights back… with no violence and no gun charges in my history…?

James L. Arrasmith
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answered on Jun 29, 2024

In Florida, felons are prohibited from possessing firearms, including black powder pistols, regardless of how old the convictions are. This includes firearms defined under federal law, and black powder pistols fall into this category. So, you cannot legally own a black powder pistol for home... View More

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