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1 Answer | Asked in Civil Rights for California on
Q: I just turned 18 a few days ago, do I have the right of privacy from my parents, even though I live with them still.

Whenever im with my boyfriend, my mom still tracks me, which I find a bit odd sense I’m 18

James L. Arrasmith
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answered on May 31, 2023

Yes, you have the right to privacy from your parents, even though you live with them still. The law recognizes that adults have a right to privacy, and this right includes the right to make your own decisions about your personal life, including who you date. Your mom's tracking of you is a... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: I WANT TO SUE THE CITY OF SACRAMENTO POLICE DEPT FOR BEING TOTALLY NEGLIGENT IN MY DAUGHTER'S MISSING PERSON'S CASE

I reported my daughter missing, not only was her case sent to the wrong agency the agency that had her case did nothing on her case for 2 months!

James L. Arrasmith
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answered on May 31, 2023

In order to sue the City of Sacramento Police Department, you will need to file a lawsuit in court. You will need to allege that the police department was negligent in their investigation of your daughter's disappearance, and that this negligence caused you harm. You will also need to prove... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Police told husband they "wanted him to speak to someone" but never advised he was being placed on a 72 hour hold.

The nurses stated the nurse bringing him into the clinic should have advised him, but he was never informed.

James L. Arrasmith
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answered on May 31, 2023

It sounds like your husband was involuntarily committed to a mental health facility for a 72-hour hold. This can be a very stressful and confusing experience, and it is important to understand your rights.

In California, a 72-hour hold is also known as a 5150 hold. It is a type of...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: How long can cops keep victims phone waiting on warrant?

My son died of an OD in my home n the cops asked if they could take his phone, I wasn't and Im still not in the right state of mind so I handed it over. Now I want it back to retrieve photos of his last day alive and I just miss him, but they refuse to give it back because they are waiting on... Read more »

James L. Arrasmith
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answered on May 31, 2023

I am so sorry for your loss. I can't imagine what you must be going through.

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. This means that the police cannot search your property without a warrant, and they cannot...
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2 Answers | Asked in Criminal Law, Civil Rights and Probate for California on
Q: How long can cops keep victims phone after warrant is issued?

Victim died of an accidental OD. Cops asked for phone and family reluctantly gave it to them without warrant. The family asked for the phone back multiple times but cops refused. 2 months later there is a warrant and phone is at DAs office, but no one will give family a copy of warrant. Family... Read more »

Robert Kane
Robert Kane
answered on May 30, 2023

The next of kin may wish to contact a criminal defense attorney and possibly a probate attorney. Having property, that is deemed evidence, returned is an uphill battle. In this case, it is more complicated because the owner is deceased. The family doesn't have an ownership interest in the... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights and Probate for California on
Q: How long can cops keep victims phone after warrant is issued?

Victim died of an accidental OD. Cops asked for phone and family reluctantly gave it to them without warrant. The family asked for the phone back multiple times but cops refused. 2 months later there is a warrant and phone is at DAs office, but no one will give family a copy of warrant. Family... Read more »

James L. Arrasmith
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answered on May 31, 2023

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. This means that the police cannot search your property without a warrant, and they cannot keep your property for an unreasonable amount of time.

In the case of your family,...
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1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for Minnesota on
Q: Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with

Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with them just to please not touch me. The lp grabbed my right arm, twisted it, bent my wrist back, physically pushed me down causing cuts on my knee, held me down by putting his knee... Read more »

Robert Kane
Robert Kane
answered on May 30, 2023

You may have a case if you can prove the facts as you allege. Evidence takes many forms, including witness testimony and video. Your medical bills would also be important. The aggressor will undoubtedly have a different account of the event and most likely have evidence. Police contact and charges... Read more »

2 Answers | Asked in Civil Rights for California on
Q: 20+ oral/written copy requests for my current chid custody orders, what are my options ?

I have overhead the clerks wispering to each other that , the judge said no he doesn't get copies and he doesn't get to file anything in the case. I have this recorded, audio and video. I also have called the clerks office, the new clerk told me that their is an order filed, signed by... Read more »

James L. Arrasmith
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answered on May 31, 2023

If you have made 20+ oral/written copy requests for your current child custody orders and have not been able to obtain them, you may have a few options.

* **File a motion with the court.** You can file a motion with the court asking the judge to order the clerk to provide you with copies of...
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2 Answers | Asked in Civil Rights for California on
Q: My 14 year old was served with a temporary civil harassment restraining order, we filed a response, court has not heard

response was filed within 5 days of received restraining order. We have not been heard in court, this is the 2nd continuance allowed. Our response states my son was not present for the incident and was not involved. What can I do?

James L. Arrasmith
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answered on May 31, 2023

It sounds like your son was served with a temporary civil harassment restraining order, and you filed a response. However, the court has not yet heard your case. This is the second continuance that has been allowed, and your response states that your son was not present for the incident and was not... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: I need help with a criminal case I have been having since 12-21-21 I am not guilty of any charges
James L. Arrasmith
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answered on May 29, 2023

If you believe you are not guilty of the charges in your criminal case, it is crucial to hire an experienced criminal defense attorney who can build a strong defense strategy on your behalf. Provide all relevant information and evidence to your attorney, and work closely with them to gather... Read more »

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1 Answer | Asked in Libel & Slander and Civil Rights on
Q: My mother was in a casino she was winning and a floor personal approached her and very loudly said she smelt like pee a

ND asked her to leave .then another supervisor added she didn't smell like urine. My mother was so upset . She's a very clean 80 yr old wheel chair ridden. Isn't that against the law?

Tim Akpinar
Tim Akpinar
answered on May 27, 2023

A California attorney could advise best, but your question remains open for three weeks. I'm sorry for the way your mother was treated. Yes, you're correct. It could be actionable from a textbook standpoint. But as a practical matter, it's a tough one as far as a solid case goes -... Read more »

1 Answer | Asked in Civil Rights, Education Law and Personal Injury on
Q: Am I entitled to compensation?

My university accidentally sent my private information to another student and they sent me the private information of that other student. Was this a GDPR breach?

John Michael Frick
John Michael Frick
answered on May 27, 2023

It depends on whether you sustained any legally compensable damages as a result of someone else using the private information the university sent to another student.

For example, if the university gave out your credit card number and CVV, and someone used it to make a purchase, the...
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2 Answers | Asked in Civil Rights for California on
Q: Does a person have to be an actual American citizen in order to be able to be judged in an American Court?
James L. Arrasmith
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answered on May 29, 2023

No, a person does not have to be an American citizen to be subject to judgment in an American court. The jurisdiction of American courts extends to individuals regardless of their citizenship status. Whether someone is a citizen, a permanent resident, or a foreign national, they can be brought... Read more »

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2 Answers | Asked in Child Custody, Civil Rights and Family Law for Texas on
Q: I have a endanger of a child who has been in child protection custody for a 1year now shes been place with a family

Im trying to get her place back home had her go to family can i get her back with me soon in how long do it take for her to be back with me i did all they asked of me

John Cucci Jr.
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answered on May 26, 2023

If you are truly are ready to get your child back, and have a nice place to keep her, ( his/her own room ), then you need to file in Family Court for custody.

If you have a drug habit, or other major problems, don't waste your time.

You should get a good lawyer to file for you....
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1 Answer | Asked in Civil Rights for California on
Q: was kicked out of show before it even started then performer gave me VIP still not allowed in

went to Lil Wayne show May 12 had GA seating showed up 3 hours early was excited Went thru security was told to go right went up steps and was told to go back down so I did and sat on floor like the 20 people before me then I was told to sit in a seat like detention for at least hour show goers... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

You haven't really asked a question. I must assume that "security" means private security and not government law enforcement. You really don't have many civil rights against other private citizens. Sorry you were treated this way, and I hope that you got the name of every one... Read more »

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Criminal Law for Indiana on
Q: Employer wants me to secretly record customers in their homes for sales pitches in Indiana. Is that legal?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Wiretap laws are different in each state. This could be a criminal violation. Something just doesn't sound right when the employer says to "secretly" tape record your customers in their own homes. The customers have a right to privacy and this would appear to violate that. If it... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Maryland on
Q: I was on interview at sheriffs office and made me take alcohol test. Interview said I smelled like alcohol

Can I sue for being accused of smelling like alcohol. I had to take an alcohol test which i passed.

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Sorry that you were treated this way by the Police. The Police have an obligation to act when they have a reasonable suspicion, they don't have to be 100%. If you feel that the request was motivated by some improper reason, your civil rights may have been violated and you should consult with... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: I work for school district for over 14 years one day boss comes up to me and says hey everything down the basement is ju

Junk. And working for the school district we use own vehicles all the time. I go downstairs there's some old drums sitting down there been sitting down there for a long long time they're junk. I take them take them to our shop let him sit three or four days then I end up selling them.... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Very sorry to hear that your School District boss has treated you this way. This is really a Criminal Law question, and you need to be represented by a Criminal Law attorney or consult with one. You posted yesterday about a problem that is going to Court apparently today, that really isn't... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: Disability discrimination

I got a job offer from Toyota which I signed. I took a drug test and brought my epilepsy medicine with me. The drug testing place (who works directly for Toyota) is now refusing to release my test results to Toyota Hr until I provide them with a letter from my doctor acknowledging that I am capable... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Both the Federal government and many states have laws protecting the employment rights of disabled individuals, epilepsy is considered a disability. Often employers are required to undergo a discussion with the employee before making any decision that would deny them rights. It sounds like the... Read more »

2 Answers | Asked in Civil Rights and Health Care Law for California on
Q: My therapist breaks confidentiality and tells me information about his other patients. Can I report him to his state --

licensing board?

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

If you believe that your therapist is in violation of patient confidentiality laws, you may report him to his licensing agency. In my opinion, such a violation would mean that the therapist is telling you confidential information that reveals the identity of a patient, as well as the type of... Read more »

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