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Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Maine on
Q: I believe my 4th amendment rights were violated as a result of an unlawful search & seizure

Police responded to a civil complaint re: an aggressive dog...they left complainant’s property, entered mine & saw no dog, nor person or vehicle (I was out with said dog(s). Officers then approached domicile & claimed to see ‘evidence of firearms in plain view’...one officer was the... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Oct 1, 2022

Any search of the home would require a search warrant supported by probable cause, unless you provided consent to search the home. There may also be a 4th Amendment issue as to whether the police could enter your property to be in the location of where they claim they saw the firearm. Law... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: AZ. Vehicle traffic stop for a taillight out. Baggie of medications (various pills) + an insulin syringe in plain sight.

When asked about bag of meds, Driver informs officer he is a Type 1 Diabetic but ran out of insulin, & is on the way home to retrieve spare insulin vial.

Driver also wearing a CGM (blood sugar monitor) & high blood sugar alarm repeatedly goes off during interaction. Would the... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

It would depend on what happened after the officer saw the medication and the syringe. If you are saying that the officer used that observation to extend the traffic stop for the tail light to investigate into drug possession--there may be a Forth Amendment issue here. The USSC has said there are... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for Missouri on
Q: If a cop gave me a printed out ticket but never asked me to sign it is the ticket valid it's on his vehicle camera

I got the ticket in Missouri but while in his vehicle when he gave me the ticket on camera he never asked me to sign it on any of the signature spots is the ticket valid he didn't sign the printed out ticket anywhere either

Andrea Rogers
Andrea Rogers
answered on Oct 1, 2022

Yes, the ticket is valid. It makes no difference if the police officer didn't sign the ticket or if you didn't sign the ticket. After the police officer issues a ticket to a driver, the prosecutor has to approve the ticket, and then it goes to the court clerk to be filed on Casenet.... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

1 Answer | Asked in Constitutional Law and Gov & Administrative Law on
Q: Why is delegated legislation against the doctrine of separation of power
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2022

Because it could fall outside the traditional channels of checks and balances inherent in a system where different branches of government have the power to review bills and laws. Good luck

1 Answer | Asked in Criminal Law, Child Support, Civil Rights and Constitutional Law for California on
Q: What can I do to stop them from losing my paperwork,changing the worker and I consolidate the case to modify this order?

When I my husband left his kids mom he had his kids.Dcss garnished his wages for welfare she collected while they were still together. While going to court the mother applied for welfare in another county where she was in a drug rehab . That county sent him a notice for paternity.He called them... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Sorry but this is confusing. Sit down with a local attorney to discuss your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Constitutional Law and Native American Law for Michigan on
Q: I am a descendant of a native American tribe.. non-tribal member. Can I consider myself to be an independent sovereign?
Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

You are free to consider yourself whatever you want. However, you will remain subject to all rules, laws, and expectations that apply to everyone else....including tribal members.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Q: I need to find a lawyer for my boyfriend who is being held unlawfully in jail and his 8th Amendment is being violated
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Anyone in jail can probably use a lawyer. 8th Amendment refers to the Constitutional prohibition against cruel and unusual punishment. That Amendment is rarely found to apply to most circumstances. You will need to be very specific about what is cruel and unusual in order to evaluate whether there... Read more »

1 Answer | Asked in Constitutional Law for California on
Q: What happens if the information on a police report wrong and the wrong birth date on the warrant?
James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

An incorrect birth date on papers will generally make no difference, unless this is a case of misidentification. Speak with a local attorney regarding representation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for California on
Q: Is it enough probable cause for someone to "look under the age of 18" in California? (On a bike without a helmet).

I was on my electric bike without a helmet and I was pulled over by a police officer, he asked me if I was over the age of 18, could I have just said, "I do not answer questions"?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It's generally best not to give statements. Regardless, it's water under the bridge at this point, so speak with a local attorney to defend you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

2 Answers | Asked in Animal / Dog Law and Constitutional Law for California on
Q: my brother got our dog by a blue toy and there it in the air the dog flew and no one cares but me what should i do?

* dog holding on tightly

*Brother swang around blue toy before droping it

* i told parents but no one cares

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

A little difficult to answer based on the fact pattern. Assuming that no one was injured or hurt, this is likely just a personal matter and something to bring up with your family for discussion.

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: I have a civil case at hand, how do I get it to be all over the news?

I would like to publish my case all over the news as I see many court case trials published on the news, how do I do that?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Be careful, media attention is not always a good thing. Speak with a local attorney regarding your case and how best to proceed. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for... Read more »

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: What happens when I lose a civil court case?

What are the maximum amount of losses if I lost a civil court case? What is the maximum amount of money that I need to put in, for a civil court case?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 22, 2022

Strange question. It depends on how much the plaintiff sues for, if s/he wins that amount it's a win for the plaintiff.

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: If a police leaves you a message about a case do you have to call them back?

I was called about a case with # but that was all I have Autism and I dont feel safe with the police. They want me to go into the office without my Mother since I am 19 but I dont want to do I have to call them back?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

More information is needed. If a person is under criminal investigation, then he or she should not speak with the police but should speak with an attorney for advice and representation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: On bale and police will not show warrant to lawyer. Police harassing family saying I have a warrant for arrest.

DA says police have not sent them anything so there is no case. courthouse says bale is examerated because the DA did not provide them with anything. Police still trying to arrest me on mystery warrent. Balebondsman says they do not see any warrants.

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

More information is needed. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Elder Law for Arkansas on
Q: What kind of attorney do I need to talk to about violation of ADA rights for a disabled person.

I also need answers about laws broken and other rights violated.

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. You need to search for attorneys who handle Americans with Disabilities Act (ADA) matters. You could try searching under ADA and civil rights law firms. You could check with the Arkansas Bar Association. Most... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: i need a lawyer for suing the police for depriving me from a federasly protected activity of traveling
Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 13, 2022

You will need to provide some more information before an attorney will be able to evaluate whether to represent you in your case. What activity were you deprived of by the police, and how, when?

1 Answer | Asked in Constitutional Law for Kentucky on
Q: When a Circuit Court and Appeals Court denies your Constitutional Rights, Where is the next court can a person go

to to get their Constitutional Right heard?

KRS 178.425 .... Section 1983 claim18 U.S.C. § 242 ... Sections 13 and 242

Timothy Denison
Timothy Denison
answered on Sep 12, 2022

Next stop is the Supreme Court.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: Can I sue? Got pulled over, police tried to get me to consent search. I said no, had to wait about 2 hours for k9 .

K9 did not smell anything. All this without probable cause.

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

Technically, you probably can sue. But practically, it doesn’t appear you have any damages so the recovery would be minimal if any.

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