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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: Is there anything to prove that the American Indians actually became US citizens?

My great grand father was born in 1878 and said it never happened because the US had nothing to offer. We couldn't vote until the 1960s don't citizens get to vote?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 19, 2023

The 14th Amendment to the United States Constitution provides, in pertinent part, that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. " Citizenship thus has very little... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Yesterday I had an altercation with a police officer where he snatched my phone out of my hand and would not give itback

The original incident was an argument with somebody else who ended up flagging down the cops. When I was told to step out of my car, I was told I was not allowed to use my cellphone with the officer snatched it from my hand and would not give it back. Is that legal?

I’m not sure if I put... Read more »

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

Without a warrant, a police officer during an ordinary dispatch cannot seize and keep your cell phone.

Go to the police station, report what happened to a supervisor, and demand your cell phone back. That could resolve the problem without the necessity of hiring a lawyer to sue for the...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Florida on
Q: Can you provide the correct procedure for motion to compel evidence

What is the exact procedure when defense atty files for motion to compel evidence, after judge grants it for two weeks WHY WOULD A DEFENSE ATTY ASK FOR A SECOND MOTION TO COMPEL AND A SANCTION. Are they able to be asking for a motion to request a dismissal of the case or a final judgment

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2023

Apparently, what happened was that the defendant's attorney moved that the plaintiff (which, of is a criminal case, would be the government) be ordered to produce some sort of evidence. The judge gave the prosecution two weeks to produce the evidence. When the defendant's attorney... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: if judge grants a motion to compel allowing state so many days to submit the discovery can they submit evidence after?

Judge gives deadline of evidence, is state allowed to submit and use evidence after this date to convict someone

James L. Arrasmith
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answered on Mar 11, 2023

No, if a judge grants a motion to compel and sets a deadline for the state to submit discovery, the state is not allowed to submit or use any evidence that was not submitted by the deadline. This is because the purpose of the deadline is to ensure that both the prosecution and defense have adequate... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: HOW DO STOP A COUNTY WHO IS TRYING TO TO EVESERATE YOU ANY WAY THEY CAN. CAUSE YOU CAUGHT THEM COMMIT MULTIPLE FELONY'S

THEY ILLEGALLY FILED FOR A DEMO ORDER THE ATTORNEY SAID THEY WOULD REMOVE WITH FOCE MY FAMILY. ONES 10 FIRST TIME SHES HAD A DECKED OUT BY GRANDPA BEDROOM. AND ACROSS THE STREET FROM US. SO HER LIFE IS STABLE GRADE ARE MAXED AND I KEEP THIS NEIGHBORHOOD PROPER. I HELP ANYONE CLEAN UP WHAT SOME NOT... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

It sounds like you are in a very difficult situation. If you feel that a county government agency is targeting you unfairly, you may want to consider seeking legal assistance to help protect your rights and interests.

Here are some steps you can take:

Consult with an attorney: A...
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1 Answer | Asked in Personal Injury, Constitutional Law and Landlord - Tenant for Florida on
Q: Can someone point me in the right direction.

I stayed in these apartments in Arlington in 2021i was pregnant, within the first month I had issues. There was no heat or AC in the unit. being on the second floor with heat and moist black mold, started appearing everywhere throughout the house. I have pictures. What they did do was send... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

Based on the information provided, it sounds like you may have a potential legal case against the apartments for issues related to mold, plumbing, and reimbursement for hotel expenses. You may want to consider contacting a local tenant rights organization or consulting with a landlord-tenant... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: If the Indian Removal Act moved the American Indians west how did the Seminoles come to Florida?

Every Seminoles we meet always say they came here to Florida but the Indians from here now call themselves Black. There are no schools that teach them that they are American Indians they teach them that they are Black. Are there any lawyers that will be ready to take the fight when we want to use... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

The Indian Removal Act, which was signed into law by President Andrew Jackson in 1830, forced many Native American tribes to leave their ancestral lands and relocate to areas west of the Mississippi River. However, not all tribes were removed, and some, like the Seminole, resisted relocation and... Read more »

2 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: Is it illegal for an officer to detained you until back up arrives after traffic stop has ended. And hold your bicycle .

Right after a traffic stop and the officer doesn't allow you to have it, but assume that you knew that you were free to leave. Other officer's appears and start searching again without consent is this illegal under the 4th amendment

James L. Arrasmith
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answered on Mar 2, 2023

If a traffic stop has ended and the officer does not have reasonable suspicion or probable cause to continue detaining you or to search your property, then it may be a violation of your Fourth Amendment rights. However, whether or not the officer's actions were illegal would depend on the... Read more »

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2 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: Is it illegal for an officer to detained you until back up arrives after traffic stop has ended. And hold your bicycle .

Right after a traffic stop and the officer doesn't allow you to have it, but assume that you knew that you were free to leave. Other officer's appears and start searching again without consent is this illegal under the 4th amendment

Charles M.  Baron
Charles M. Baron
answered on Feb 28, 2023

A lawyer would need a detailed description of the entire encounter and some background facts, plus any police report written on the incident, to determine if your Fourth Amendment rights were violated and to determine what actions may be taken. A temporary detention for investigative purposes... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: hello I was incarcerated back in 2017 and filed a civil case due to the action of 42 U.S.C. § 1983

case info on this question is as follows. Case # 2:2017cv00098

For this issue has the statue of limitations expired yet?

The cause of action for this is: 42 U.S.C. § 1983

James L. Arrasmith
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answered on Mar 2, 2023

The statute of limitations for a civil action under 42 U.S.C. § 1983 in federal court is generally two years from the date of the alleged violation. Therefore, if your civil case was filed in 2017, it is likely that the statute of limitations has already expired unless there are exceptional... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for Florida on
Q: hello I was incarcerated back in 2017 and filed a civil case due to the action of 42 U.S.C. § 1983

case info on this question is as follows. Case # 2:2017cv00098

For this issue has the statue of limitations expired yet?

The cause of action for this is: 42 U.S.C. § 1983

Charles M.  Baron
Charles M. Baron
answered on Feb 28, 2023

The statute of limitations bars the FILING of civil cases after the expiration of the limitations period. Once the case is filed, there is no longer a statute of limitations issue. However, other deadlines then come into play under the Federal Rules of Civil Procedure and the Court's... Read more »

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1 Answer | Asked in Tax Law and Constitutional Law for Florida on
Q: I am an Indian and have proof that goes to the 1600s why am I taxed.

The US Constitution said that we are not taxed. In Article 1 Section 2 Clause 3. We get taxed daily. Why and how do we make it stop?

James L. Arrasmith
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answered on Feb 26, 2023

It's important to clarify that the US Constitution does not say that individuals are not taxed. In fact, the US Constitution authorizes the federal government to collect taxes in order to carry out its responsibilities and functions.

Article 1, Section 2, Clause 3 of the US...
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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: in florida what constitutes notice reasonably calculated in civil case... What statue?
James L. Arrasmith
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answered on Mar 2, 2023

In Florida, notice reasonably calculated to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections is required in civil cases. This is typically satisfied by following the rules of service of process as outlined in the Florida Rules of... Read more »

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2 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: Can I sue the Florida Legislature if conseal carry no longer has to register. Does it endanger my civil rights?

I think both laws not registering a gun and not registering conseal carry endangers my domestic tranquility not knowing who is packing. The 2nd ammendment is more important than the preamble. Same can be said for assault rifles. Seems like the use of such guns are for mass shootings in public... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 16, 2023

I agree with your general point of view and believe the Second Amendment should be modified, if not repealed, due to the Supreme Court's 5-4 decisions in District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), in which just 5 Justices (in 5-4 decisions) overturned... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: can I legally concealed carry a firearm without a permit in Florida while fishing
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 31, 2022

No. But you may openly carry a firearm while fishing, and while going to or from a fishing location. See Florida Statue 790.25 (3) (h).

1 Answer | Asked in Constitutional Law and Civil Rights for Florida on
Q: When following a police report against police officers they complaint is it legal not to pursue it

Can a superior officer disregard a complaint when you file against their officers thus due process violation of my civil rights can they legally throw that complaint away or not investigate it that's what they did I think

Charles M.  Baron
Charles M. Baron
answered on Dec 15, 2022

Your inquiry is vague as to whether you are seeking money damages or discipline (or termination) of the offending police officer, or both. "Complaining to the police dept." (or to a superior officer) may be viewed as an internal affairs complaint for the purpose of the dept. determining... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for Florida on
Q: If I get dv battery charge dropped in fl, what lawful civil retribution should I do?

Filing false police report, pain n suffering like whole unnecessary arrest, imprisonment and court fees? Kicked out of own house after she already moved out due to can't return to scene she claimed. Forced to abandon dogs until trial is done.

Charles M.  Baron
Charles M. Baron
answered on Oct 15, 2022

Retribution means punishing for revenge. I assume that's not what you mean; that you instead mean to ask what legal action you can take to seek monetary compensation for your loss of liberty, economic losses, and emotional distress. You certainly may sue your accuser (your ex) for malicious... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 23, 2022

I think you’re overanalyzing this. He wants to send a strong signal that anyone who illegally votes will be prosecuted. Many lawbreakers are not prosecuted and the governor is stating that Florida will enforce the law on the books.

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2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2022

I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example,... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Florida on
Q: The defendant in my civil case admitted to a federal crime under oath during testimony. What can I do about that?

I filed a civil suit and during the trial after everyone was sworn in the defendant not only admitted to a federal crime but provided proof that he had possession of the counterfeit document, knowing it was a counterfeit document and submitted a photo copy of that document as evidence.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2022

Mere possession of a counterfeit document is not necessarily a crime.

It's not really up to the judge to do anything. You could, if you want, report it to the federal authorities, and see if they want to prosecute.

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