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California Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: El Dorado County seized my firearm and never contacted me about it and I am a legal gun owner what can I do

My firearm was confiscated in June of 2020 and I was not contacted about it and still have not been contacted it was found on my friends property I was selling it to his wife for protection against the Bears and Wildlife El Dorado County Sheriff's Department performed a illegal search and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 13, 2021

more info needed.

you need to make an appointment with a local criminal lawyer asap....I am in Palm Springs area

why have you waited a year?

there is a term in law......Laches.......which means if you sit on your rights you can lose them.

I would prepare a detailed...
Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I was stopped for a infraction concerning riding a bicycle the wrong way on a sidewalk. Subsequently they patted me down

The reason given was because I was in a area know for drug activities and they wanted to make sure they were safe and free from any weapons I may be carrying. I was next to a motel 6 where I had a room at the time.

I am not on probation or parole and I have my 4th amendment rights. I was... Read more »

Joseph Abrams
Joseph Abrams answered on Jun 8, 2021

Although this appears to be a close issue, the short answer is that they probably had the right to search you. The reason is that pat down searches are generally legal when police stop or detain a suspect for there own safety. Here, it appears they had the right to detain you based on the observed... Read more »

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Q: Looking for proper care before I get vaccinated. Ca Governor acting in pure discrimination.

Politicians are not Drs. Not only that my job instability crippled my ability to hold down a proper dr. So far the medi-cal provided ones have not shown any investment with concerns on infertility and potential blood clots. How is his push to reward those that are vaccinated not a form of PURE... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2021

I am sorry but this does not appear to be a question but more of a rant.

I understand your concerns but vaccination has been held to be a lawful way for the government to attempt to control certain deadly medical conditions throughout the last decade. Exceptions exist for those with...
Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for California on
Q: I was denied medical attention by an police officer while on my way to jail. That ended with me being hospitalized.

Female officer insisted i get medical attention and refused to book me. I was taken to the hospital by the male officer. My ending result was I had a concusion from blunt force trauma to my head and bleeding inside. On call physician then told me a helicopter was going to fly me out to another... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 25, 2021

sorry, I need more info to understand this question.

what are the facts of your arrest?

was there an allegation you resisted and or fought back?

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Hello my name is Daniel I have cameras in my room Against my will and without my permission I am 31 years old

Yah my case is pretty heavy

I am not a bad guy

I need legal help

It doesn't feel good having cameras in my

And everything else that is being done to me

Joseph Abrams
Joseph Abrams answered on May 15, 2021

The facts here are very vague as to what is actually going on. Are you on some type of pretrial electronic monitoring? Although that would not involve cameras. Are you detained in an institution of some type? Which could very well include cameras. Try to be more specific as to your circumstances.

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Who determines what are permissible affirmative defenses in the US? Do the courts decide or does the legislature do so?

More specifically, would it be unconstitutional for a law to be passed by a state government that creates a new affirmative defense for certain actions taken by a defendant that is subject to a civil lawsuit?

Dale S. Gribow
Dale S. Gribow answered on Apr 26, 2021

LAWS ARE MADE BY COURT DECISIONS AND BY LEGISLATION.

IF A COURT BUYS YOUR LEGAL ARGUMENT AND IT IS NOT APPEALED OR REVERSED, THEN IT WOULD BE A PRECEDENT TO ARGUE IN THE FUTURE.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can local police execute a warrant at my property for someone else on federal land

The person in question was arrested in different city he’s on paper being in two places at once, on paper they said he was detained at my residence but he was not

Louis George Fazzi
Louis George Fazzi answered on Apr 16, 2021

The local police can search your property for someone else if they have a reasonable suspicion to believe the person might be present there, if they have a warrant to do the search, and in some cases even without a warrant. It depends on all the circumstances.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I have multiple attorneys present in interview with LAPD? Can police only allow one attorney to be present?

For example have 6 attorneys in the interview room.

Louis George Fazzi
Louis George Fazzi answered on Apr 13, 2021

You can take a whole army with you, but don't be surprised that they limit the attendance. Two might work, or even three, but when you get more than that the size of the interview room becomes an issue. Be prepared when they ask you why you need so many lawyers to advise you.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Where can I find an attorney that will take a prisoners rights case that contains deliberate indifference?

The incident involves State prison and correctional health executives transferring over 100 prisoners from a Covid19 Hotspot to another facility that had no Covid19 cases. I was among those at the receiving facility who then became ill as a result of that transfer. The executives acted with... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 10, 2021

You can find many good law firms in and around Oakland and San Francisco who are experts in civil rights cases of the kind you describe. It seems you already have developed a good bit of evidence to support your case. I suggest you prepare a chronology of the events, if you haven't already... Read more »

1 Answer | Asked in Personal Injury, Consumer Law, Civil Litigation and Constitutional Law for California on
Q: can i sue and/or press charges on anytimemailbox.com for my mail being brought home and opened without authorization?

the operator of one of anytimemailbox’s site’s is also currently refusing to give me my mail which is currently at the operatior’s HOME and not the anytimemailbox address.

Dale S. Gribow
Dale S. Gribow answered on Apr 2, 2021

MORE INFO NEEDED

YOU CAN ALWAYS SUE........THE ISSUE IS WILL YOU WIN AND THEN ARE THERE PROVABLE DAMAGES.

I WOULD ASSUME IF HE IS RECEIVING MAIL VIA POST OFFICE, THAT HE WOULD HAVE TO COMPLY WITH THE SAME RULES AS IMPOSED ON THEM.......I HAVE NEVER HEARD OF THIS AND WOULD REPORT TO...
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1 Answer | Asked in Constitutional Law and Criminal Law for California on
Q: A person commits accidental manslaughter and flee their house before the police arrive. What would their sentence be?

The sentence for their escape I mean. Would it be thee same as just escaping a policeman chasing you? The situation hasn't happened to me personally, so I cannot say I know all the details.

Dale S. Gribow
Dale S. Gribow answered on Mar 30, 2021

more info needed.

i suggest you contact a LOCAL criminal lawyer to share all the facts. This is not a safe place to do so as anyone can read it.

sentencing depends on many factors, in addition to the charge itself.

what is your record? what court and what DA are you dealing...
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1 Answer | Asked in Constitutional Law, Personal Injury, Civil Rights and Elder Law for California on
Q: Pro per Plaintiff had civil suit reassigned without my knowledge. Is there any procedure to discover why in California?

During initial hearing before new judge, it seemed as if she was not familiar with the case. She did not ask Defendant's atty to declare his presence so I have no idea if anyone was actually present. Lastly, she seemed completely befuddled, as though she had no idea what she was doing.

Theodore Allan Greene
Theodore Allan Greene answered on Mar 21, 2021

It's hard to know exactly your role in the case. Are you a defendant? Do you have an attorney? Without more information we can't really give you a good answer. If you have an attorney you should ask them. If you don't and you are a party in the case you should strongly consider... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: 14th amendment violation

What does a person have to show when alleging a 14th amendment violation based on racial profiling, an illegal stop and search?

Louis George Fazzi
Louis George Fazzi answered on Mar 20, 2021

That is a great question if you are in law school studying constitutional law. You will have to be a lot more specific in your question, by including the details necessary to determine whether you may have been subjected to such a violation of your rights. It would take a discourse on... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Home Depot ADA denial of service violation due to not complying to be masked. What are steps to sue cashier for violatin
Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

You have Photos? If not, unlikely to have a case. Suggest small claims, even with proof. You must also prove up the nature and amount of your damages.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Constitutional Law for California on
Q: Does the CA Constitution protect the integrity of our CA voting system? If so, how?

Is the use of mass mail out ballots governed by unique circumstances or can the Governor decide to make them permanent?

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

Yes.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: When civilly committed and new charges filed, who's responsibility is it to get the commitment petition dropped

Is it the responsibility of the defense attorney or the defendant himself to initiate getting the petition (6600 SVP) dropped in the county of commitment? Is there a case law number that I can get to give to my friends dump truck attorney?

David Michael Lehr
David Michael Lehr answered on Mar 6, 2021

In the end, the judge does it. It happens after a conviction in the new case.

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Does a police officer have the right to deny showing me a search warrant when I ask for it

He said he would let me see it after they were done searching

Louis George Fazzi
Louis George Fazzi answered on Mar 3, 2021

The officer should show you the warrant before the search begins, but most people are not aware of their rights when confronted with an aggressive police officer. If you do not review the warrant before the search, how are you to know who or what is to be searched and why the search is being done... Read more »

1 Answer | Asked in Consumer Law, Communications Law, Constitutional Law and Small Claims for California on
Q: I booked 14 days at an inn, I stayed 6 days only, receptionist gave no receipt saw receipt on email was charged fully

I originally booked 14 days at an inn. I checked in and I was charged the 2 weeks right away. I asked if ever I decided to check out early is there refund. Guy said yes. On the 6th day, I told the receptionist I'm checking out and gave the card keys. Receptionist said I'm good to go... Read more »

William John Light
William John Light answered on Feb 28, 2021

Small Claims is an option. However, if you booked through a third party, like Booking.com or similar, I don't think you can get your money back.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Do I need a person's i.d. to report that they stole my vehicle when I gave they're first last name and d.o.b. and addres

Well my vehicle that I had just purchased and at the time due to the coronavirus wasnt able to register it in my name yet but had bill of sale and paperwork was stolen and traded but at the time people who stole it said they had it towed away so I made a police report and when the investigator... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if/when you report a theft it is not up to you to determine the dob or cdl of the victim.

that is what the police are supposed to do........

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for California on
Q: Is there any legal standing for harassment protection from being forced to wear a face mask as condition of employment?

I am being forced to wear a mask at my desk. I already got covid and recovered in a couple of days.

Louis George Fazzi
Louis George Fazzi answered on Feb 23, 2021

The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting... Read more »

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