Constitutional Law Questions & Answers

Q: Is it legal to search someone walking alongside the road having commited any apparent crime

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Answered on Apr 22, 2019
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, a police office has to have probable cause to search and arrest you. This is a low standard. However, if you appeared to be on drugs, then it may have been public inoxication. I would suggest that you obtain a crimainal defense attorney as soon as possible.

Q: I was pulled over for expired registration Im not on probation or parole. I didn't agree for the police to search my ca

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Answered on Apr 21, 2019
Dale S. Gribow's answer
Maybe, but more info needed.

sounds like an illegal S&S.......but if they were going to book you then they need to inventory everything for the record.........their summary will probably have the facts different from you.

Q: Police Department Policy Violation

4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two...

Q: Police Department Policy Violation

4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two...

Q: Police Department Policy Violation

4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two...

Q: Police Department Policy Violation

4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two...

Q: If during a traffic stop can a cop ask what your Dr name is? where are u goin to the doctor? Why are u goin to the dr?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Answered on Apr 19, 2019
Ecleynne Mercy's answer
The cops can ask you anything. You have the right to remain silent. I strongly suggest you use it. You do not have to answer.

Q: I am having a new air conditioner installed it has not worked since day 1 can I make them remove it

1 Answer | Asked in Consumer Law and Constitutional Law for Florida on
Answered on Apr 19, 2019
Timur Akpinar's answer
Contact the manufacturer and ask them if they can work with you toward resolving the issue (whether in the form or service or replacement). If your model is the same one that is the subject of the class action lawsuit, you could contact the firm handling the suit if your amicable efforts do not work.

Tim Akpinar

Q: How do i go about seeking benefits on possible lost property in my bloodline in Tarboro NC fromthe Parker bloodline

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Answered on Apr 17, 2019
Timur Akpinar's answer
As a starting point, you could contact the North Carolina Department of State Treasurer to see if they have records of unclaimed property in your family name.

Tim Akpinar

Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.

Q: Hello, I am wanting to host a boxing event at my house and charge for admission, how can I do this and have it be legal?

1 Answer | Asked in Constitutional Law and Legal Malpractice for Missouri on
Answered on Apr 14, 2019
Ronald J. Eisenberg's answer
Bad idea on many grounds. First, I doubt the match would be commissioned through the state. Second, you would incur liability risks. Third, it might be unlawful under your city's laws. Fourth, it might violate your HOA declaration or rules and regulations, if applicable.

Q: Why didn't the DA know I wasn't In Prison? And why didn't they help me figure it out? Can they be getting paid for it?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Apr 14, 2019
Dale S. Gribow's answer
MUCH more info needed.

i would think if you have a PD that your questions should be addressed to him or her as they have ALL the facts

Q: is it illegal for a fire station to exit into an alley way

1 Answer | Asked in Constitutional Law for Indiana on
Answered on Apr 13, 2019
Timur Akpinar's answer
It's hard to think of a reason why this might be illegal. You could double-check with Indiana building, environmental, occupational health, fire & safety codes, as well as local municipal or town codes.

Tim Akpinar

Q: Is that a public park is a "known drug area" sufficient as "reasonable suspicion" for search without any other evidence?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Answered on Apr 12, 2019
Thomas C Gallagher's answer
Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If friend has questions, he or she should directly address those questions to his or her lawyer. And request a copy of the discovery from his or her lawyer.

Q: Can I make a claim against the ELA sheriff's department for harassment and civil rights violations?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Answered on Apr 11, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case.

with the little i know i feel comfortable in saying you will probably beat the tix or there will be a no filing.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.

Most criminal and accident lawyers will offer a...

Q: county government employees are coming on to my property without prior permission

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Maryland on
Answered on Apr 11, 2019
Timur Akpinar's answer
It's difficult to guess what's taking place here, but when government employees, public utility employees, or other people who have a valid reason for entering your property appear, they generally identify themselves and present ID. In many instances, their visits are announced ahead of time through some form of notice. The next time someone appears on your property, check to see that they are actually there for a legitimate and official reason, such as surveys, an environmental issue, meter...

Q: Can an exempt human subject withdraw or refuse to participate?

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for California on
Answered on Apr 10, 2019
Dale S. Gribow's answer
Much more info needed.

I assume there was a contract that was signed and possibly compensation to the subject.

a well-drafted contract would take into account what happens if the subject drops out?

there may be financial consequences from this.

but they can't force you to do something

Q: Hello. My girlfriend was pulled over one night after picking me up and the cops claimed we were both acting suspicious

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Answered on Apr 10, 2019
Ecleynne Mercy's answer
In order for an attorney to even begin to help you. We need to see the police report, get the dash cam, subpoena the officers' records, among the many other things necessary for case preparation. Just being innocent is never enough. You need an attorney to fight for your position. I hope this helps.

Q: A search warrant was served on the 15th day April but was dated for the 16th written for the house what do I do

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Answered on Apr 10, 2019
Ecleynne Mercy's answer
Get an attorney to review the warrant and negate any harmless error arguments.

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