Are officers required to acquire consent of the home owner and/or property owner, whom is not the individual indicated by the search warrant, to open locked containers within the area described by the warrant to be searched, and are they required to unlock and open said containers in the presence... Read more »
answered on Jul 5, 2022
This is going to be a very fact specific analysis that depends on a number of factors such as the language of the search warrant, the items that are being looked for, the relationship of the subject to the home owners, etc. This is way more than can be addressed through a Q & A forum online.... Read more »
answered on Jan 26, 2022
If police break into a house with a Search Warrant, they are required to either leave a copy or give a copy to a person present. I am not aware of a requirement that they do so, *before* they come in and search. That could create security risks, and that is likely the reason. Normally they will,... Read more »
answered on Dec 23, 2021
That would depend upon whether they had reason to believe that the fugitive named in the arrest warrant was in the home. The Minnesota arrest warrant would be based upon the out-of-state warrant.
Have both testified stating there were NO INJURIES and yet I was still found guilty of assault and the judge lied in his findings of facts saying the doctor witnessed injuries when she testified stating that there were NO injuries and I believe that is "fraud on the court" and voids... Read more »
answered on Oct 24, 2021
There is "assault" and "battery." You could have an assault WITHOUT a battery, but the reverse doesn't apply. So even if there were no injuries, a person can commit an assault. Putting someone else in fear of their safety or possible injuries, or worse, when there is intent... Read more »
Is that not the definition of (fraud on the court) or judicial error?
answered on Oct 23, 2021
The use of the term lies implies that the judge intentionally said or wrote something that was untrue knowing that it was untrue. Making a finding that was inconsistent with the record presented in court would be error. But error is only significant if it is reversible error and you don’t... Read more »
I have not even received details of the charge, and threatened with a warrant if I don’t complete this fingerprinting.
answered on Mar 7, 2021
Do you have a question you want an attorney to answer? It sounds like you need an attorney to fight your charges.
answered on Feb 15, 2021
Yes. If the police have a warrant, they do not need to wait until you are home to conduct their search.
I was arrested for suspicion of DWI after being pulled over for a third brakelite being out. Can the police use incriminating evidence found only after the search incident to arrest? I would think they would had to have the search warrant prior to arresting me or at the very least the probable... Read more »
answered on Dec 15, 2020
Of course they can. There is no obligation that law enforcement ignore evidence developed before the search incident to arrest. The probable cause basis for the arrest can differ from the probable cause to support a warrant application to get a search warrant for a blood draw. I am assuming that... Read more »
I've went to police for help they sent me a ticket in mail I'll explain. First time I pulled in gas station got gas went in. On way out gas station buddy was acting a fool so I said screw him and sat in my car and all a sudden my door got ripped open and dude started punching me and in... Read more »
answered on Nov 27, 2020
Your priority should be contesting the criminal charges. Then you can think about a lawsuit, but you should be aware it is often very difficult to successfully sue a government entity.
Meaning a Club that you need to be a member of in order to be there. Public would not be allowed to come in off the street. Members only
answered on Jul 23, 2020
You don't provide enough information here to intelligently answer the question. What do you mean by "private clubs?"
pertaining i was the one that assaulted her and nor did she show to testifie in trial,in which i was still found guilty
answered on Feb 15, 2020
There’s not really a question here but you should file an appeal if you believe that you were wrongfully convicted. I presume that the government had other evidence such as third party witnesses or out of court statements, but it’s impossible to weigh in on the conviction with the limited... Read more »
I was suffering from a period of Incapacity due to third degree burns, burn surgery, and an eighteen month recovery from those burns and the surgery. I could not adequately represent myself. I had my Constitutional rights trampled all over. They did not provide what was subpoenaed for that trial.... Read more »
answered on Jan 24, 2020
It sounds like you have a complex civil appellate matter. You should consult privately with an attorney who handles civil rights appeals. You can use the search function on this site and give a few a call.
Stimulation offered to me i refused to agree to. Saw judge once and he said I needed to file some sort of claim or process but I cant remember what or which. What do I do to start legally regaining my property and sue the county for unneeded force by running into my parked and shut off truck... Read more »
answered on Dec 21, 2019
Stimulation offered? I don’t know what that means.
It’s difficult to know in the abstract if running into your vehicle was justified or not. There are times where law enforcement will execute PIT maneuvers if the driver refuses to stop.
It also matters why the vehicle is... Read more »
It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's... Read more »
answered on Dec 9, 2019
It’s unclear what you are charged with or what the video is supposed to depict. You need to be represented if you are charged with a crime. Get an attorney.
can a convicted felon be in a vehicle with another non-felon on a hunting excursion? this would include hunting fire arms. can a convicted felon have a dependent in possession of fire arms, or a can said dependent have a concealed carry permit fire arm? would I as a felon be able to go hunting with... Read more »
answered on Sep 24, 2019
I discuss this issue extensively on my Liberty-Lawyer.com at https://liberty-lawyer.com/practice-areas/gun-defense-attorney/firearm-possession/ The concern is being accused of a crime as an ineligible person in possession, which carries long mandatory-minimum prison sentences, both state and... Read more »
I was jailed twice against my liberty on false charges and the police knew this.
answered on Jun 10, 2019
I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled... Read more »
I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing... Read more »
answered on May 18, 2019
Your girlfriend has rights to exercise in court but it's not advisable to discuss over public forum. I would advise contacting an attorney that gives free consultations to get some better information.
Legally parked, in an open public park at a reasonable time of day, eating dinner and playing a video game on his cell, my friend looked up from his game surprised to find a squad car parked perpendicular to his truck with lights activated. Thinking something was wrong my friend got out to see... Read more »
answered on Apr 12, 2019
Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If... Read more »
Many mistakes were made in this case. By my lawyer and the judge. My lawyer failed to be prepared for the Rasmussen hearing. He never attempted to do any research into the case and facts. The case is entirely based around a vioation of both the 4th amendment and article 1 section 10 mn... Read more »
answered on Feb 20, 2019
Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
