Constitutional Law Questions & Answers

Q: Is it legal for police to park a vehicle on the street for several days to record the happenings at a residence?

1 Answer | Asked in Constitutional Law for Kentucky on
Answered on Jun 19, 2018
Timothy Denison's answer
More information is needed to properly answer your uestion, but generally speaking, unless they have a warrant permitting recording ( which is highly unlikely), it is illegal.
View Details »

Q: Is it a violation of my civil rights for social services to remove my children on an illegal search and seizure

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Answered on Jun 19, 2018
Timothy Denison's answer
Yes. If it is a true illegal search and seizure.
View Details »

Q: I was charged with illegal discharge of a firearm within the city limits but there's no proof.

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Answered on Jun 18, 2018
Ellen Cronin Badeaux's answer
Were your hands swabbed for gunpowder residue?
View Details »

Q: Can a police officer take your cell phone without a warrant and not give it back? The phone has pics to help my case.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Georgia on
Answered on Jun 17, 2018
Gary Kollin's answer
You should be discussing this with your criminal defense lawyer instead of an attorney on a blog who does not know all the facts and nuances
View Details »

Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la

1 Answer | Asked in Constitutional Law, Consumer Law and Small Claims for South Carolina on
Answered on Jun 12, 2018
D. Nathan Davis' answer
If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.

If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed contractors cannot sue and demand payment in South Carolina.

You can also file a complaint with the South Carolina Department of Consumer Affairs and it will investigate the company if it not...
View Details »

Q: We are currently unable to pay the full amount of rent. However, the house is poorly maintained. What can be done?

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Child Support for Rhode Island on
Answered on Jun 11, 2018
Neville Bedford's answer
It may be time to look for: 1) a new, different, and better maintained residence/apartment and/ or 2) a second source of income and/or 3) an attorney to help you defend against a likely eviction case should your landlord decide to take you to court. Contact your local CAP agency for help with #1 https://publicportal.courts.ri.gov/PublicPortal/
View Details »

Q: can probation and parole assist police officers in questioning & searching the home if no one is on probation or parole

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Answered on Jun 10, 2018
Timothy Denison's answer
If they didn’t have a search warrant and you didn’t give consent to enter and search, then you have an unlawful search and seizure.
View Details »

Q: Daughter inlaw refuses to let me have contact or visitation with my granddaughter would like to file motion for visitati

1 Answer | Asked in Family Law and Constitutional Law for Ohio on
Answered on Jun 10, 2018
Justin B. Benedict's answer
I'm sorry that you are going through this. Generally, grandparents do have visitation rights but it is limited to certain situations by Ohio law. While you can file a motion pro se (without an attorney), it is likely in your best interests to find an attorney to review your case and help you complete this task. You can use the find a lawyer section of this website or contact the bar association closest to the court which would have jurisdiction over the child (usually the county court in...
View Details »

Q: a small bag meth was found in my home and no arrest was made can the police come back to arrest me or file charges in ky

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Answered on Jun 8, 2018
Timothy Denison's answer
Yes. They can come back and arrest you.
View Details »

Q: If a student was cut out of a student news segment because of her sexual orientation, would that be discrimination?

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Answered on Jun 7, 2018
Louis George Fazzi's answer
To me this is not a matter of discrimination against the student, but the incredible lack of social conscience on the part of the school administrator. There is no right to be included in a high school news article. I’m sure administration staff is allowed to provide editorial supervision over the content which is published. The question really is to what extent the administration staff is allowed to suppress the free expression of ideas by the students themselves.
View Details »

Q: Is there a visibilty allowance for headlights in the rain?

1 Answer | Asked in Divorce, Traffic Tickets, Civil Rights and Constitutional Law for Georgia on
Answered on Jun 6, 2018
Homer P Jordan IV's answer
This question is posted in the divorce category. If you post it traffic ticket section you may be able to get a proper response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
View Details »

Q: Boarder patrol took away my car with no probable cause what can I do they denied my 2 petitions Already

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Answered on Jun 6, 2018
Dale S. Gribow's answer
more info needed.

however, the first thing you should do is retain a lawyer that handles that kind of case.
View Details »

Q: a guy entered my house and when asked to leave he wouldnt, my friend threatened him with a knife is she in the wrong?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law on
Answered on Jun 3, 2018
Gary Kollin's answer
And you never called the police to report someone to enter your house illegally and without permission. It sounds like something else is going on.

Without all the complete facts, I am reluctant to respond to your question
View Details »

Q: Can I sue for discrimination on a background check?

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Michigan on
Answered on Jun 1, 2018
Brent T. Geers' answer
Employers, generally, can hire or fire people for almost any reason except for reason of protected status (e.g. race, gender, religion). We live in an age where people are fired, and then not hired, for tweets.

But here's where you stand now: 1) a final decision hasn't been made, 2) if you don't get the job, how can you prove that the decision was made based on this criminal record?

Lastly, it's quite possible that the employer accessed ICHAT records which may have shown an...
View Details »

Q: When has the police committed assault during a search?

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for New Jersey on
Answered on May 31, 2018
H. Scott Aalsberg Esq.'s answer
When the police have used unjustifiable excessive force. This is a high standard for a person to overcome.
View Details »

Q: False report of a crime. Unlawful. Conduct.

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Securities Law for Georgia on
Answered on May 29, 2018
Gary Kollin's answer
Is there a question?
View Details »

Q: Someone wrote a book about my life and crime. It's even titled after me. I didn't consent.

1 Answer | Asked in Copyright, Collections, Constitutional Law and Public Benefits for Arkansas on
Answered on May 28, 2018
John Espinosa's answer
This question doesn't belong in any of these categories. You may have a civil cause of action for defamation. You should consult with a litigation attorney who specializes in defamation. Here is some more information about defamation: https://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html
View Details »

Q: I was "randomly" selected for proof of insurance on a van i own but havnt driven in five years sent letter with proof of

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Gov & Administrative Law for Ohio on
Answered on May 27, 2018
Gary Kollin's answer
You notice there is a limitation of amount of characters. That is so you can write your question without all the extraneous material like "poor boy" and "not to mention many hours of legal work".

I am not trying to be an English teacher, but you have run on sentences, no punctuation, no capitalization and abbreviations which are not universal. I cannot understand what you are asking.

I suggest you rewrite the question succinctly and grammatically correct
View Details »

Q: The cops came to my house looking for brother asking a statement for

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Answered on May 23, 2018
Bill Powers' answer
Lawyer up. They can't get a warrant to force a statement. They can get a Warrant for Arrest, if there is probable cause and it's issued by a proper judicial official. They may also get a Search Warrant, again with proper grounds (normally via oath or affidavit) to search for something.

But there is no such thing as a Warrant to Compel Statement. There IS such thing as the Right to Legal Counsel and the Right to Remain Silent.

Here is a podcast that might help:...
View Details »

Q: Under the Constitution 322 U.S. 13 Amendment is child support illegal

1 Answer | Asked in Appeals / Appellate Law, Child Support and Constitutional Law for Missouri on
Answered on May 21, 2018
Ronald J. Eisenberg's answer
No, it’s not slavery.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.