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California Constitutional Law Questions & Answers
1 Answer | Asked in Traffic Tickets and Constitutional Law for California on
Q: California Motor Vehicle Code 260 states that private automobiles not in commerce are immune to registration fees.

Ex parte Milligan 71 U.S. 2 (1866) section 98 was a Supreme Court ruling that we have a right to travel.

So why is it that lawyers and cops are violating our unalienable rights, like we don't have them? I'm sure this question will get ignored. But I would like an answer. I'm... View More

James L. Arrasmith
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answered on Dec 4, 2023

Understanding the legal framework around vehicle registration and the right to travel can be complex, and it's clear you're seeking a thorough explanation.

First, regarding California Motor Vehicle Code 260, this law defines what constitutes a commercial vehicle versus a private...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Does Google follow up with law enforcement after an emergency disclosure request?

In general law enforcement are not legally required to notify the Google or the subscriber after an emergency disclosure request. Google in its website says that it will notify the affected user if it learns that the emergency has passed. Does it mean that Google follows up with law enforcement or... View More

James L. Arrasmith
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answered on Nov 28, 2023

When Google receives an emergency disclosure request from law enforcement, they are not typically obligated to follow up with the agency to learn about the outcome of the emergency. This is because emergency disclosure requests are exceptional circumstances where immediate access to information is... View More

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Constitutional Law for California on
Q: Is there a federal agency with the authority to conduct administrative investigations of city police deptartaments?

Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such... View More

James L. Arrasmith
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answered on Nov 27, 2023

Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Libel & Slander and Criminal Law for California on
Q: police fail to investigate. charged w/242&647f no BAC/FSTs, pics of injuries, or statement/name from only adult witness

I was accused of a 242&647f I was detained by security with excessive force (I'm under 100 pounds, 5'2") by large m. when cops arrived Body cam show me yelling&crying for m to get off of me. I see police& say I'm cooperating just get him off (he was pushing me down... View More

James L. Arrasmith
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answered on Nov 25, 2023

In California, if you've been charged with offenses like Penal Code 242 (battery) and 647(f) (public intoxication) but feel that the police investigation was inadequate, you have the right to challenge the evidence and the manner in which it was collected. The absence of a thorough... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Constitutional Law and Civil Rights for California on
Q: Can I sue the person/agency that charged me with felony animal neglect? Charges dropped; They weren’t even my dogs.

An animal control officer was called to the scene when my car was towed and my friend was with me as we were going to her new house with her dogs. The animal control officer mistook a sick dog for a neglected dog, and told the peace officer to charge us both. The charges against us were dropped;... View More

James L. Arrasmith
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answered on Nov 23, 2023

Under California law, the possibility of suing for wrongful arrest or prosecution depends on several factors, including whether the officers acted without probable cause or with malice. In your case, the wrongful charge of felony animal neglect, which led to significant personal and financial... View More

1 Answer | Asked in Constitutional Law for California on
Q: If I didn't steal from the store, can the store legally tell me to not come back in

I had too many items in my hands to prevent from dropping them. I put an item in my pocket with the intention of purchasing the item. Was not cashed out but I was told too if I was going to buy the item to buy it and then I was told to not go in the store anymore. Can they legally do this? I was... View More

James L. Arrasmith
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answered on Nov 20, 2023

Store owners or managers have the legal right to refuse service or entry to individuals, as long as they do not violate anti-discrimination laws. This means a store can ask you not to return if they suspect shoplifting or any behavior they deem inappropriate, even if no crime was committed.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I sue police department for filing false charges and DA’s office for wrongful prosecution?

I was charged with felony possession of an assault weapon, the weapon in question was a disassembled AR-15 (California law specifically states that a disassembled AR-15 is not a semiautomatic rifle and therefore not an assault weapon).

I fought the charges and I was cleared.... View More

James L. Arrasmith
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answered on Nov 15, 2023

In California, it is possible to sue a police department and the District Attorney's office for wrongful prosecution and filing false charges, but these cases can be complex and challenging.

To succeed, you must prove that the officers or prosecutors acted with malice or a reckless...
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1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for California on
Q: police intentionally withhold report until SOL exp. preventing me from IDing H-n-R driver, can I sue the police?

2016- hit-and-run, make 6+ requests for report, always denied for various reasons ie "not enough info, officer no longer works there, cant find report, new database please resubmit..etc etc, over 6 years of denials, then they turn it over 4 months after SOL expires, with sane info used in 1st... View More

James L. Arrasmith
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answered on Nov 13, 2023

In California, if you believe the police intentionally withheld the report to prevent you from identifying the hit-and-run driver, you may have a case for misconduct or negligence. The delay in providing the report, especially given its relevance to your ability to pursue legal action, appears to... View More

2 Answers | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Civil Litigation for California on
Q: Do I have a case? Were my rights violated? What attorney to seek?

I was parking at a store and when I was leaving my vehicle a man who was not in police uniform approached me and stated that my tags were expired and requested my driver’s license. I asked who he was and he responded “ I’m an officer “ and held up a badge hanging from his necklace. Keep in... View More

James L. Arrasmith
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answered on Nov 13, 2023

Based on your description, you might have grounds to question the legality of the actions taken by the individuals claiming to be officers.

In California, law enforcement must identify themselves properly, especially if not in uniform. The manner of your detention, particularly if the...
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2 Answers | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Civil Litigation for California on
Q: Do I have a case? Were my rights violated? What attorney to seek?

I was parking at a store and when I was leaving my vehicle a man who was not in police uniform approached me and stated that my tags were expired and requested my driver’s license. I asked who he was and he responded “ I’m an officer “ and held up a badge hanging from his necklace. Keep in... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 13, 2023

I would need some more facts/details from you regarding this incident, but it appears based on what you have stated here that your civil rights may have been violated and you may have a civil case for either discrimination or police harassment/brutality (and possibly battery, use of excessive... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?

I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not... View More

James L. Arrasmith
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answered on Nov 11, 2023

Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active... View More

1 Answer | Asked in Constitutional Law, Municipal Law and Gov & Administrative Law for California on
Q: Police just towed out cars for not being registered and they were parked in driveway. Is that legal?

Isn't the first time they've harassed us also what about constitutional rights?

James L. Arrasmith
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answered on Nov 10, 2023

Under California law, vehicles parked on private property, like a driveway, generally should not be towed for registration issues alone, unless they pose a safety hazard or violate specific local ordinances. It's important to review local municipal codes as they can vary and might have... View More

2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: Tolling SOL by mental capacity/disability/fraud. concealment of report by police? How to get a lawyer?

I suffered a TBI from a hit-and-run/vehicular assault. Since I was homeless at the time, the police protected the drivers identity, withheld report until 1 month after statute expired. Neglected and ignored at the ER for same reasons, discharged me at 3:30 am, given a bus token and donated clothes,... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 8, 2023

The sad fact is that there is nothing I can tell you that will help you improve your situation. You waited too long. Unless you were in a coma, and have medical documentation to prove it, and you regained consciousness less than two years ago, and it has taken you this long just to learn these... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: Tolling SOL by mental capacity/disability/fraud. concealment of report by police? How to get a lawyer?

I suffered a TBI from a hit-and-run/vehicular assault. Since I was homeless at the time, the police protected the drivers identity, withheld report until 1 month after statute expired. Neglected and ignored at the ER for same reasons, discharged me at 3:30 am, given a bus token and donated clothes,... View More

James L. Arrasmith
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answered on Nov 8, 2023

In California, the statute of limitations for personal injury claims is generally two years, but it can be tolled for several reasons, including the plaintiff's mental incapacity or when a defendant has fraudulently concealed relevant information.

If the police concealed the report...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: CPS violated my constitutional rights multiple times, the last time being on July 10th, 2023. How do I proceed?

I do know that statue of limitations is short and though CPS has been violating my rights since the first case opened March 2020 and so far the most recent violations occurred on July 10th 2023, I need to start a case. What do I need to do to get representation? Due process as well as a violation... View More

James L. Arrasmith
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answered on Nov 7, 2023

To pursue a case against CPS for violation of your constitutional rights, you should first gather all relevant documentation, evidence of the alleged violations, and a detailed timeline of events. It’s important to act promptly due to the statute of limitations, which can be quite short for... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Fail asume responsibility and conduct is ongoingly and intrude knowledge and collect personal data with out autho

My rights were violated as I experienced deprivation of privacy and liberty, along with a violation of my right to be left alone, which infringed upon both my Due Process and Civil rights. I experienced unwanted contact, including repetitive aggressive behavior and gesturing, which demonstrated... View More

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answered on Nov 4, 2023

In California, if you believe your privacy rights have been violated, you may have grounds to file a lawsuit for invasion of privacy.

The state recognizes several types of privacy invasions, including intrusion upon one's private affairs or seclusion, public disclosure of private...
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1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Libel & Slander for California on
Q: How do I go about suing OC- CPS removed my kids on false accusations i have proof that the foster /caregiver called cps

the foster mother who has my kids befriended me called CPS

on me and has been going around to mutual friends and my pastors at church and has my social worker believing her defamation of character her motive financial gain I have proof and she is mentally unstable and has history of... View More

James L. Arrasmith
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answered on Oct 25, 2023

In California, if you believe that Child Protective Services (CPS) wrongfully removed your children based on false accusations, you can initiate legal action. First, gather all evidence, including any proof of the foster mother's actions and her history, as well as letters from those willing... View More

2 Answers | Asked in Constitutional Law for California on
Q: police had a search warrent i was detained outside resadence they searched my home found drugs told me warrent on table

dont i have to be handed search warrent not left on my table

T. Augustus Claus
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answered on Oct 23, 2023

In a situation where the police execute a search warrant at your residence, they are generally not required to physically hand you the warrant. It is common practice for law enforcement to leave a copy of the search warrant at the location they are searching, such as your table, as evidence that... View More

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2 Answers | Asked in Constitutional Law for California on
Q: police had a search warrent i was detained outside resadence they searched my home found drugs told me warrent on table

dont i have to be handed search warrent not left on my table

James L. Arrasmith
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answered on Nov 5, 2023

The law typically requires that a search warrant be provided either before or shortly after the search is conducted. However, it doesn't necessarily have to be physically handed to you; it can be left in a place where it is likely to be found, such as on a table. This is often referred to as... View More

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Q: I DISCOVERED CONTRACTOR AND SIBLINGS WERE WORKING TOGETHER TO GET INSURANCE CLAIM. LOWERED PROPERTY VALUE

7/1/2019 MOVE IN DATE THEY HAVE BEEN PROMOSING TO FINISH REPAIRS AND STOP COMMUNICATION AS OF JAN 2023 AFTER DEMAND LETTER . I DISCOVERED INSURANCE FRAUD, WITHHELD FUNDS, THEFT, MULTIPLE MODIFICATION OF CONTRACT SENT TO MORTGAGE WITHOUT KNOWLEDGE. WE WERE TOLD INSURANCE ONLY PAID 124K FOR... View More

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answered on Oct 21, 2023

From the details provided, several potential legal issues arise under California law.

First, insurance fraud is a serious offense and could expose those involved to both civil and criminal penalties.

Similarly, theft and conversion of funds, if proven, can lead to significant...
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