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Mississippi Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Identity Theft and Criminal Law for Mississippi on
Q: what can I do or who can I speak with that deals with online threats, intimate videos and photos being displayed?

my laptop and phone have been tampered with and nude videos and photos are being shown all on the web. Live videos of myself at my resident are shown, I did not and would not ever give any consent of any of this

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answered on Jul 21, 2024

I'm really sorry to hear about what you're going through. It's crucial to act quickly to protect your privacy and well-being. First, contact local law enforcement immediately to report the unauthorized sharing of your intimate content and the tampering with your devices. They can... View More

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can a police officer in Ms keep the drivers license until the ticket is paid in full
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answered on Jul 21, 2024

In Mississippi, a police officer cannot keep your driver's license until a traffic ticket is paid in full. When you receive a traffic ticket, the officer may ask to see your license to record your information, but they must return it to you after issuing the ticket.

You are expected to...
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Q: Filed a 1983 civil rights claim in Mississippi while incarcerated and need help with what I have to do with judges order
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answered on Jun 17, 2024

When you receive a judge's order regarding your 1983 civil rights claim, the first step is to read the order carefully and understand what is being asked of you. Pay attention to any deadlines or specific actions you must take, as missing these could negatively impact your case.

If the...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for Mississippi on
Q: I filed a compassionate release motion the Ausa responded untimely what do I do now

I filed a motion for compassionate release The ausa argued my motion should be denied because of the seriousness of the crime but the judge said they answered untimely

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answered on Jun 1, 2024

It sounds like you have already taken significant steps by filing a motion for compassionate release. The fact that the judge acknowledged the untimeliness of the AUSA's response works in your favor. You should focus on emphasizing this procedural error and any other strong points in your... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If a driver gives law enforcement false information in a roadblock do they have consent to search the passengers persona

Me and my fiance went through a roadblock we were passengers in the vehicle the driver gives law enforcement box information they pull him out of the vehicle cuff him then they ask for me and my fiance to step out they begin to search us without consent and then start searching our belongings my... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the details you provided, there are a few key legal issues at play:

1. Probable Cause: If the driver provided false information to law enforcement at the roadblock, this could potentially give the officers probable cause to believe that criminal activity may be occurring, which...
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1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Elder Law for Mississippi on
Q: Is there an atty in MS who will take on cps & help grandparents-without fear of retribution from youth court system?

Grandparents being given misinformation after showing interest in fostering twin grandchildren who were addicted to cocaine at birth. CPS created repeated delays in court sessions on transferring infant children to grandparents custody. CPS requested that grandparents not get foster license because... View More

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answered on Mar 8, 2024

I'm so sorry to hear about the difficulties and frustrations your family has been going through trying to gain custody of your grandchildren. The delays and misinformation from CPS sound extremely stressful and concerning.

To answer your question directly - yes, there are absolutely...
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1 Answer | Asked in Constitutional Law for Mississippi on
Q: My car was towed by police on Sat night my car was in high speed chase an so the deputy said that if the man turned

Himself in I can havr my car well the towing company said it's 600$ as of today an they had it three days an there still a hold on it am the guy turned himself in yesterday around 2. Is this legal to do this hold my car an charge Me these fees

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answered on Jan 8, 2024

In Mississippi, when your car is impounded by the police, especially after being involved in a crime like a high-speed chase, the towing and storage fees usually fall to you as the owner. The legality of holding your car and charging fees typically depends on the policies of the local police... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Mississippi on
Q: My car was impounded Saturday night an police said if man turned himself In I could have my car he lead them on higChase

An now the towing company wanna charge me 600$ an said they had for 3 actually today makes 2 an there a hold on it still is it legal to charge me so much when the police put hold on it am there closed on Sunday an the mam turned himself in yesterday. They said we'll give your car back when he... View More

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answered on Jan 8, 2024

In Mississippi, when a car is impounded by the police, the towing and storage fees are typically the responsibility of the car owner. However, if there was a specific agreement or understanding with the police about releasing your car without charge upon the surrender of the individual involved in... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Mississippi on
Q: Did I correctly handle Notice of Claim serving in Mississippi for false testimony?

I gave a Notice of Claim to the Executive Director of state government in relation to false testimony on March 10, 2025. I am unsure whether I was supposed to file the Notice of Claim or if serving it was sufficient according to Mississippi Code 11-46-11. Did I handle the Notice of Claim process... View More

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answered on May 16, 2025

Under Mississippi law, specifically **Mississippi Code § 11-46-11**, serving a **Notice of Claim** is a required **prerequisite** before you can file a lawsuit against a governmental entity or employee. You do **not** file the Notice of Claim with the court at this stage. Instead, you **serve** it... View More

Q: Can I file a Motion for Relief in a different county in MS?

I have already been evicted and issued a Notice of Claim. I want to know if I can file a Motion for Relief from Judgment in the county where the alleged perjury and case events took place, rather than the county where the eviction judgment was made. Additionally, I read that if I don't file a... View More

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answered on May 15, 2025

You're right to ask these questions, especially when time and jurisdiction play such a critical role in how your case is handled. A Motion for Relief from Judgment under Mississippi law typically must be filed in the same court—and county—that issued the original judgment. That means if... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: Legal requirements for Mississippi officer to request exiting vehicle in non-traffic stop.

In Mississippi, while I was responding to a call about an unresponsive driver, an officer reached into my vehicle attempting to unlock it and instructed me to exit, even though I had already provided my ID and the vehicle's tag was called in. What are the legal requirements for an officer to... View More

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answered on May 15, 2025

What happened to you raises important questions about your rights and how officers are supposed to interact with people outside of a formal traffic stop. In Mississippi, an officer generally needs a lawful reason—such as safety concerns, suspicion of a crime, or community caretaking—to order... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Mississippi on
Q: How to file a Notice of Claim against MS state employees?

I need guidance on how to proceed with filing a Notice of Claim against state employees in Mississippi. The claim involves false statements made under oath, with the incident occurring in November 2024. I am concerned about preserving my right to sue within the one-year timeframe.

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answered on May 14, 2025

You must give the State of Mississippi formal written notice before you can sue under the Mississippi Tort Claims Act, and you have just one year from the date of the false sworn statements to do it.

To do this, prepare a “Notice of Claim” letter addressed to the Mississippi Attorney...
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1 Answer | Asked in Child Custody, Constitutional Law, Civil Rights, Domestic Violence and Family Law for Mississippi on
Q: Can my 18-year-old brother legally move out despite our father's custody and his claims of control until age 21 in Mississippi?

My 18-year-old brother is about to graduate high school and wants to move in with my fiancé and me, as we live near his school. My father, who has full custody after divorcing my mother (who has visitation rights), insists that he has control over us until we turn 21, citing Mississippi's Age... View More

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answered on May 14, 2025

Your brother has the right to move out once he turns 18 in Mississippi. The Age of Majority in the state is 21 for some financial matters, but legally, an 18-year-old is considered an adult in most areas of the law, including the right to decide where to live. That means custody arrangements no... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Mississippi on
Q: Is it legal for police not to show the warrant at arrest?

When the police arrested my son, they claimed they had a warrant but never showed it to us. Is it legal for them not to present the warrant at the time of arrest?

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answered on May 14, 2025

It’s completely reasonable to feel concerned when police claim they have a warrant but never actually show it. In most situations, officers are not legally required to physically present the warrant at the exact moment of arrest. However, they must have a valid warrant issued by a judge, and they... View More

1 Answer | Asked in Constitutional Law, Family Law, Gov & Administrative Law and Civil Rights for Mississippi on
Q: Evolution of Mississippi laws on husbands committing wives to mental institutions.

I'm researching the historical laws in Mississippi that allowed husbands to commit their wives to mental institutions without their consent. Specifically, I'm interested in understanding when these laws were enacted and how they evolved over time, including when they were no longer in use.

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answered on Mar 28, 2025

You are looking into a complex part of Mississippi’s legal history. In the 19th and early 20th centuries, the law allowed husbands considerable authority over their wives, including the power to commit them to mental institutions without their consent. This practice was rooted in a broader system... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: Is evidence from an illegal traffic stop for headlights inadmissible?

I was stopped by the police in Mississippi for having a headlight out, even though my car has two working headlights out of four. The officer conducted a search and arrested me for drugs. I believe the initial stop was illegal due to the headlights, and therefore, any evidence found during the... View More

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answered on Mar 25, 2025

Your question touches on what legal experts call the "fruit of the poisonous tree" doctrine. This principle suggests that evidence obtained through illegal means, like an unlawful traffic stop, could potentially be excluded from court proceedings.

Mississippi law only requires...
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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Mississippi on
Q: I was stopped and arrested in MS despite no crime. Charged with "No ID" and "Failure to Comply." Court date is May 6th, 2025. How was I arrested and booked?

On March 11, 2025, I was stopped on my way to work in Mississippi. The officer asked for my ID but confirmed no crime had been committed. I declined to show my ID under my 4th Amendment rights, and the officer asked me to step out of the vehicle. I was subsequently handcuffed and booked at the... View More

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answered on Apr 11, 2025

Based on the information you provided, it's hard to tell why you were pulled over in the first place. Your attorney should be able to gather more information about the reason for the stop at your first court appearance. You should make your attorney aware of your concerns, and ask them to do... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: Any civil right later in or around Hernando MS that do not charge up front abs recive there payment when case won in cou
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answered on Jan 24, 2025

When contacting these attorneys, it's important to inquire about their fee arrangements to ensure they align with your financial situation. Many civil rights lawyers understand the challenges clients face and are willing to work on a contingency basis, meaning you won't have to pay unless... View More

1 Answer | Asked in Traffic Tickets and Constitutional Law for Mississippi on
Q: Can an "officer" pull someone over when he has not yet completed academy

I was pulled over in a parking lot for a no seatbelt. The officer was not behind me on the street, he was already in the parking lot. My gf left a bottle she had been drinking on in the car and the officer spotted it and made a big deal out of it and used it as probably cause to search my vehicle,... View More

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answered on Jan 15, 2025

Your situation raises some important legal questions about police authority and proper procedures. Generally, someone who hasn't completed police academy training should not be conducting traffic stops independently - they typically need to be accompanied by a certified officer during their... View More

1 Answer | Asked in Constitutional Law and Domestic Violence for Mississippi on
Q: When should Police arrest one when they are called to a domestic dispute

Police were called to residence on a domestic call both parties were present, however no one was arrested in the day of the call it was 20 days from the call that one was arrested. How can they arrest one after the initial call was made and officers were called to the residence? Shouldnt the one... View More

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answered on Jan 10, 2025

Police officers make arrest decisions based on multiple factors during domestic disputes, including visible injuries, witness statements, evidence of violence, and the overall threat level at the scene. Sometimes, there may not be enough evidence during the initial call to justify an immediate... View More

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