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Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Michigan on
Q: Are there repercussions for carrying a concealed weapon (with a permit) on private property with no weapons signs in MI?

I have my license for concealed carry in Michigan, and am going to the Kalamazoo museum, where they have a no weapons sign. If I carry anyway, am I opening myself up to legal repercussions? Museums aren’t on the list of banned places in Michigan. Kalamazoo is known for gun violence, especially in... Read more »

Brent T. Geers
Brent T. Geers
answered on May 25, 2022

MCL 28.425o provides a list of prohibited premises. I don't believe the museum could be considered one of those prohibited places. That said, any establishment may set conditions for entry and remaining on the premises. And in the case of a museum where you are effectively provided a license... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a probation officer use an illegal search and Seizure Report in a psi and you be sentenced on it?

Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.

Hearsay, and even double-hearsay, is allowed....
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing

During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Does Mississippi law deprive the circuit court of jurisdiction when the multi-count indictment fails to charge a crime?

The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Is it possible under Mississippi Law for a single defendant to be convicted of conspiracy?

Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I am living with a roommate while on house arrest and they come do a search can they room get searched as well

what all areas are they allowed to search with and without a search warrant while i am on house arrest

Grant E Helms
Grant E Helms
answered on May 16, 2022

The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing... Read more »

2 Answers | Asked in Constitutional Law, Traffic Tickets and Criminal Law for California on
Q: If I could prove a traffic stop was an illegal stop by the police would I get whatever was seized from the search back ?

I was pulled over for turning right on a red light supposedly there was a sign stating that was illegal but I went back and scanned the whole area and could not find any sign that said so making that stop and illegal stop. When I go to court and prove that I should get whatever was seized from the... Read more »

John Karas
John Karas
answered on May 15, 2022

It's not as simple as walking into to court with pictures or even video tape showing that the intersection did not have a sign posted that it was illegal to make a right turn on a red light. You don't know it that was the only reason the cop pulled you over. If evidence was seized... Read more »

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Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 11, 2022

Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Legal Malpractice for Texas on
Q: Denied consent to search, waited 2 hours for k9, bogus reason for stop and bogus probable cause, illegal s and s

Stopped because claimed couldn’t read my license plate. Small town, same officer, seen me several previous times and had followed me 20 minutes before he seen me again to pull me over. I asked what his probable cause was and he said I looked nervous. All I was doing was putting gas in my... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 11, 2022

Your attorney may attempt to get copies of all data and voice recordings sent to that patrol car on that particular day in hopes of discovering whether or not the officer attempted to run your plates.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: My daughter's mom burned her social security card in a fire on purpose. Is that a federal offense? My daughter is 19

She admitted to it in child support court and the judge said it was a federal offense..

Cayley Turrin
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Cayley Turrin
answered on May 10, 2022

I would consult with a federal attorney.

1 Answer | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: I'm in TN if I'm at a hotel an a police officer knocks on door an I open it can he just walk into my room without warran
Anthony M. Avery
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Anthony M. Avery
answered on May 9, 2022

He can if you allow him in. My recommendation is to ask what he wants, and then not say anything except you cannot come in without a Search Warrant. If he has an Arrest Warrant or Capias for you, then he will arrest you.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury on
Q: What types of actions can be taken on parents for assaulting an adult???
Tim Akpinar
Tim Akpinar
answered on May 9, 2022

In terms of civil law, it could be battery. A criminal defense attorney could offer analysis from criminal law perspective. Good luck

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: I had the police come to my door today, they left a card saying they need to speak to me? What do I do?

I just move to the state and to my knowledge have done nothing wrong .

Charles M.  Baron
Charles M. Baron
answered on May 4, 2022

If I were you, I'd ask what they would like to speak to you about. Maybe you were listed as a witness or potential witness to something, even if you know nothing about whatever they're looking into. But another scenario is that, for some reason, you are a crime suspect, such as where... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: What is the statute of limitations for a civil rights lawsuit when the a cause of action is fraud by the court?
Anthony M. Avery
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Anthony M. Avery
answered on May 2, 2022

Not sure of your "Court" fraud, but a Governmental Tort Liability Action is 1 year from injury. Probably any other applicable cause of action will also be 1 year, except some property torts are 3 years.

Q: Can a parent of an under 18 film and broadcast for research or public unknowingly to that child or person legally

I feel that I've been on camera for most of my life I'm 44 years old and it seems everyone I know and don't know knows my every move everywhere and believe I may have started with my parents

Neil Pedersen
Neil Pedersen
answered on May 1, 2022

Any claim you would have against your parents while you were a minor have long ago been extinguished by the statute of limitations. Any actions that have occurred once you turned 18 would presumably been either consented to or done in places here you did not have an expectation of privacy.... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: What is a bench trial?

Judge Trial

Arthur Calderon
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Arthur Calderon
answered on May 1, 2022

I bench trial occurs when a party waives their right to a jury trial, and allows a particular matter to proceed to trial with just the judge, meaning that the judge makes all decisions regarding the law AND concerning facts.

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Louisiana on
Q: Can a police i.d. in Louisiana? If they aren't issuing me a ticket or actually arresting me do I even have to talk?

I get pulled over and police start with all their questions...id, where are you going, why, who bla bla....if they dont immediately state why they pulled me over and ask for id insurance registration...do i have to id? what are my passengers required to do?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

Yes you must present ID.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What would you categorize invasion of privacy?
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2022

Depends on the facts. Could be civil or criminal

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Was I falsely imprisoned? Potentially illegally detained?

Hello, a few years ago I was on probation. An officer came to my home and arrested me on an alleged probation violation. I was taken to the local county jail, processed booked and placed in a holding cell. An hour or less goes by, they come and tell me I'm being released. Someone made a... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2022

It doesn't sound like unlawful imprisonment when a probation officer acted under color of law (e.g. alleged probation violation) to arrest you.

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