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Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Social Security for Kansas on
Q: What can I do when the social security disability examiners are setting requirements that are detrimental and iniquitous

I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2024

Attorneys in Kansas would probably be in the best position to advise you, but your question remains open for a week. At this point, you could reach out to Social Security disability attorneys. Arrangements for any such consult would be between you and any law firms you reach out to, but SSDI... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
T. Augustus Claus
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answered on Feb 15, 2024

In Minnesota, while it might be physically possible to remove illegal window tint if you're pulled over by a police officer, doing so would not be advisable. This action could be viewed as tampering with evidence or obstructing a police investigation. Even if you remove the tint before the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
Robert Kane
Robert Kane
answered on Feb 15, 2024

Interesting question. I don't know for sure, but I doubt it would matter much. The officer already saw the tinted window and can take the wad into evidence. Most criminals stop the criminal activity when officers approach. They don't get charged with obstruction. If I am shooting off... View More

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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury... View More

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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

Addendum - I'm sorry - in my response a minute ago, I meant "a California employment attorney should answer.... " I left out the word "attorney." Good luck

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1 Answer | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

T. Augustus Claus
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answered on Feb 13, 2024

In Florida, the general law restricts the sale of firearms to individuals under the age of 21. However, there are exceptions to this rule, especially for members of the military and law enforcement. As a 19-year-old serving in the Florida National Guard (FLARNG), you are considered part of the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: Claim requires tolling provisions, fraud con. + mental disability. Denied rep. due to sol. Isnt that disab discr?

Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More

William John Light
William John Light
answered on Feb 13, 2024

Nothing you have written indicates any of the criteria for tolling. You should have hired an attorney early in the process. Mental incapacity to qualify for tollingis more than a TBI . Unless you were a minor, or the defendant was absent from the state for some period of time, or the Defendant... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: Right to travel never have received a driver's license or permit?

Fighting traffic court

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 11, 2024

If you attempt to assert free travel as a defense to no license, then you lose. Driving is a privilege, not a right. You can travel freely by walking all you please, but you don't have the right to use state and federal roads without being granted the privilege. You'll lose in court,... View More

1 Answer | Asked in Constitutional Law and Criminal Law for South Carolina on
Q: Are any constitutional rights retained while under house arrest and/or probation?

Is so, which ones and to what extent?

Casey Brown
Casey Brown
answered on Feb 9, 2024

There are many constitutional rights kept by the person who is on house arrest or probation but there are many given up. The details would be too many to go over in this post so it is important to consult an experienced attorney and review documentation the person received when entering a house... View More

Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

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answered on Feb 8, 2024

In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Is it legal for a store to have you removed by the police if you have not committed a crime.. then or ever??
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answered on Feb 8, 2024

In New Mexico, as in other states, store owners or managers have the right to refuse service to anyone or ask someone to leave their property for almost any reason that is not discriminatory under federal or state law (e.g., based on race, religion, gender, etc.). If a person refuses to leave after... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Constitutional Law for New Mexico on
Q: Can the police encroach on a property into the court the house and confiscate personal property without court order?
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answered on Feb 7, 2024

In New Mexico, as in the rest of the United States, the police generally cannot encroach upon private property and confiscate personal property without a court order, such as a search warrant, unless specific exceptions apply. These exceptions might include exigent circumstances where the police... View More

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Maryland on
Q: Can your job search your person and bags everyday before you can clock in? Does expectation of privacy go out the window
James L. Arrasmith
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answered on Feb 5, 2024

Employers may implement policies for searching employees' bags and persons as part of their efforts to protect company property, ensure workplace safety, or prevent theft. However, these searches should be conducted in a manner that respects employees' privacy rights and is consistent... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Is this a liable civil litigation claim against Walmart for discrimination?

Received a settlement check for an injury in Walmart, used no Lawyer. Went to the very same Walmart where the injury occurred to cash the check it was told that I cannot cash the check due to a PO Box on the check even though that it’s not a policy that they have nor is that a policy for cashing... View More

James L. Arrasmith
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answered on Feb 5, 2024

Under California law, the situation you've described may potentially be a valid civil litigation claim against Walmart for discrimination. If you believe that you were denied the ability to cash a settlement check due to your race and that Walmart's actions were discriminatory, you should... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Tennessee on
Q: Can a drive off tag be displayed in my rear windshield in algood tennessee?

Was pulled over and told having it here where the dealership put it was illegal and it must be taped to the rear mount.

James L. Arrasmith
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answered on Feb 4, 2024

In Tennessee, the placement of temporary tags, often referred to as "drive-off tags," is regulated by state law. These tags are typically issued by dealerships when you purchase a vehicle, providing a temporary registration until your permanent plates arrive. According to state... View More

1 Answer | Asked in Constitutional Law for Wisconsin on
Q: Were my 4th Amendment rights violated in a Wisconsin High School?

Event: I was returning from using the restroom at roughly 1 pm, and a teacher entered the same hallway and told me to go to the principal's office. We entered the office, and the teacher told the principal that I was "out of class," which we were allowed to be with verbal or written... View More

James L. Arrasmith
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answered on Feb 4, 2024

The Fourth Amendment protects against unreasonable searches and seizures, but the application of these rights can differ in a school setting. The U.S. Supreme Court has held that school officials need only to have "reasonable suspicion" rather than "probable cause" to conduct a... View More

2 Answers | Asked in Constitutional Law and International Law for Missouri on
Q: Does Missouri have to honor treaties of the United States of America? If so does this also mean with foreign treaties?
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answered on Feb 4, 2024

Yes, Missouri, like all states in the United States, is constitutionally obligated to honor treaties made by the federal government. Article VI, Clause 2 of the United States Constitution, commonly known as the Supremacy Clause, establishes that federal law, including treaties, is the supreme law... View More

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2 Answers | Asked in Constitutional Law and International Law for Missouri on
Q: Does Missouri have to honor treaties of the United States of America? If so does this also mean with foreign treaties?
John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Not necessarily. A treaty is an obligation of the federal government. It is not binding domestic law unless it has language expressing that it is "self-executing" upon ratification or it has been implemented by an act of Congress.

In Medellin v. Texas, the US government had...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If officers cannot physically produce the evidence that they gained during their search can the case be thrown out

They cannot produce the gun they claim they found during traffic stop

James L. Arrasmith
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answered on Feb 4, 2024

In a legal case, if law enforcement officers cannot produce crucial evidence, such as the gun they claim to have found during a traffic stop, it can potentially weaken their case. The inability to produce physical evidence may raise questions about the credibility of their claims. However, whether... View More

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