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Iowa Constitutional Law Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: unlawful entry by an officer who then later made false statement to CPS worker

2 officers came to daughters house..male on porch at door, female out on sidewalk pacing..he stated had a call in complaint, I wasn't being detained or under arrest, just wanted to ask question...I stepped out on porch shut door...answered male officer truthfully and honestly, female officer... View More

James L. Arrasmith
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answered on Mar 15, 2024

It's important to address this situation by gathering all available evidence, including the video your daughter recorded and any documentation from CPS. Document your interactions with the officers and CPS, noting dates, times, and details of the conversations. This information will be vital... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Iowa on
Q: If I want to file harassment charges on someone even if it's not physical to the police not have to file those charges?

I have no contact order with my husband. His girlfriend and his family are constantly harassing me filing false CPS reports. False welfare checks and every time it is proven that they lied nothing's ever done. However, I wanted to file a report and the sheriff told me there's two types of... View More

James L. Arrasmith
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answered on Feb 25, 2024

When you're facing harassment that's not physical, such as filing false reports or other actions aimed to annoy or intimidate you, it's understandable to seek help from law enforcement. While the sheriff indicated that what you're experiencing falls under "annoyance"... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Iowa on
Q: Is there any aggressive attorneys that will take on police misconduct in iowa. "Dismissed in the interest of justice"-DA

I was stopped in pdc, wi, arrested on unknown warrant, charged with 4 felonies and 1 mis, extradited 15 miles to Clayton county, IA, charged with 1 felony, $10,000 cash only nationwide extraditable warrant for less than $100 in dope that I wasn't home when "buy" happened, first... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you've been through a challenging and unjust situation involving law enforcement. It's crucial to find a competent attorney who is experienced in handling cases of police misconduct and civil rights violations. While I can't recommend specific attorneys, you may want... View More

Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest

I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer... View More

James L. Arrasmith
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answered on Nov 16, 2023

To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Iowa on
Q: having a phone conversation with daughter. lady told her she was going to record our conversation. Is this legal

My daughter lives with this woman and she's using this information to cause me legal problems

James L. Arrasmith
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answered on Nov 5, 2023

In Iowa, the law permits recording a conversation if one party to the conversation consents to the recording. This means that if your daughter or the lady intended to record the conversation agreed to the recording, it would typically be legal.

However, if the recording is being used to...
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2 Answers | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Students not allowed to have police or fire department flags on vehicles having 1st Amendment rights violated?

Students at our local school were told they were not allowed to have thin blue line or thin red line flags on vehicles at a school event.

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

This may be content-based government censorship. You may very well have a legitimate case to enjoin enforcement of this policy.

Be aware that First Amendment cases involving public schools can become quite expensive particularly if appealed. The current standard (called the Tinker...
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2 Answers | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Students not allowed to have police or fire department flags on vehicles having 1st Amendment rights violated?

Students at our local school were told they were not allowed to have thin blue line or thin red line flags on vehicles at a school event.

James L. Arrasmith
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answered on Oct 15, 2023

The First Amendment protects the freedom of speech, including the right to display flags or symbols that express one's views or affiliations, such as the thin blue line flag (associated with support for law enforcement) or the thin red line flag (associated with support for firefighters).... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: Located in iowa, I was sitting at a caseys with my friend when a man came in and started accusing me of being drunk.

I'm a minor and I was not drinking. He also slandered my friends. When I followed him outside to get his plates he had his girlfriend block the plates and then I recorded him from a safe distance. The following Monday I was called in to the school because he called in saying I had a gun and... View More

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2023

An Iowa attorney could advise best, but your question remains open for two weeks. Your question may have gone unnoticed because it was posted in "Small Claims," which doesn't usually handle defamation. There's a section here labelled "Libel & Slander." Some... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Iowa on
Q: Does a search warrant need a real crime stated on it valid?
Robert Kane
Robert Kane
answered on Jun 19, 2023

The warrant must be based on reliable information showing probable cause to search, it does not need to cite specific crimes.

1 Answer | Asked in Criminal Law and Constitutional Law for Iowa on
Q: I have a few ideas, but in this case, I’m just curious as to what specific amendment was used in this?
Tim Akpinar
Tim Akpinar
answered on May 18, 2019

It looks like part of your question may have inadvertently gotten left off. You could try reposting the question.

Tim Akpinar

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Iowa on
Q: I need to know if I was illegally searched.

I am from a small town in Iowa. The other night I was test riding my small dirt bike after making repairs. On my way back home I got pulled over by a sheriff that knows who I am. I have never been confrontational with the police and have absolutely no violence on my record. The sheriff with his red... View More

Katherine Sears
Katherine Sears
answered on Apr 30, 2019

Based on the facts presented, you may have a basis for getting the search suppressed, particularly if there wasn't a valid reason for the stop. Talk to an attorney about this; you need someone to review whatever evidence the state has and help you make an informed decision about how to proceed.

2 Answers | Asked in Workers' Compensation, Constitutional Law and Federal Crimes for Iowa on
Q: how is the workers compensation commission legally defined;a branch of government or a private enterprise?
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 14, 2018

A governmental agency. Administered by State laws (the Iowa Code), State agency rules (The Iowa Administrative Code) and legal precedent (meaning case law).

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1 Answer | Asked in Constitutional Law for Iowa on
Q: Is the ruling in United States v. Brigoni-ponce still upheld or has it been overturned?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

https://en.wikipedia.org/wiki/United_States_v._Brignoni-Ponce

1 Answer | Asked in Constitutional Law for Iowa on
Q: What is your 14th amendment
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.

1 Answer | Asked in Constitutional Law for Iowa on
Q: What was violated in the sencond amendment during the lewis v. U.S trial?

This is for my government class and i dont understand the supream court cases i was woundering if u could help me learn this better...thanks for your time and effort

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

What, you do not want to read the opinion? Perhaps there is an explanation on wikipedia, and here is a link to a Justia page on this: https://supreme.justia.com/cases/federal/us/385/206/case.html

1 Answer | Asked in Constitutional Law for Iowa on
Q: Do BOTH parents have to be United States citizens before a person is eligible to be President?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 27, 2015

Here is the operative text from the Constitution:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not...
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