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North Carolina Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for North Carolina on
Q: Is it considered excessive force for the police to bust car windows out on my children knowing they are in the car?

The driver was eluding, but then clearly stops the vehicle, and says I'll stop please I have kids in the car then they bust the windows out on the kids they already knew where in the car plus the driver yelled it.

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answered on Jul 21, 2024

If the police used force to break car windows despite knowing there were children inside, and the driver was actively cooperating by stopping the vehicle, it could be considered excessive force. Law enforcement officers are generally expected to take into account the safety of all individuals... View More

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: How can I be arrested for fleeing to allude when a police never got behind me with blue lights
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answered on Jun 15, 2024

If you were arrested for fleeing to elude but the police never activated their blue lights behind you, it might seem confusing. Typically, fleeing to elude involves a clear indication from law enforcement, such as flashing lights or a siren, signaling you to stop.

However, there could be...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for North Carolina on
Q: False charges added later, wouldn’t those charges had been on my citation of what I was charged with?

Greetings, I was beaten by multiple officers, kicked in the face and bitten, had to receive tetanus shot. On my citation of what I was charged with I have traffic violations when I got to jail they charged me with multiple drug charges and assault on officer which isn’t true. Wouldn’t those... View More

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answered on Jun 10, 2024

I'm really sorry to hear about your situation. When you are initially cited, the charges listed on the citation are typically what you are being formally charged with at that time. If additional charges, such as drug charges or assault on an officer, were added later, they should still have... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: How can I have my daughter returned home to me if my ex, who has no rights, has taken her and refuses to bring her back?

He is not on her birth certificate, we have no custody agreement, he doesn't pay child support, and he has barely been involved in her life for the last two years. She is now 4, and he has obtained temporary emergency custody through an ex parte 50-B, which he lied on. I filed a motion to set... View More

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answered on Jun 2, 2024

I'm so sorry to hear about what you're going through. It's important to stay strong and keep fighting for your daughter. Since the judge denied your motion and you weren't allowed to speak, you should consider filing an appeal or seeking a modification of the custody order.... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: I was assaulted by police for no reason can I sue them
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answered on May 1, 2024

I'm sorry to hear about your experience. If you believe you were assaulted by the police without justification, you might have grounds to take legal action. The first step is to document everything related to the incident, including any medical reports, witness statements, and your own... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Juvenile Law for North Carolina on
Q: Can a minor sue for a hospital, Pediatrician, dss having the wrong child's drug screen at birth?

Which in turn causes dss to remove children and place into foster care.

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answered on Feb 24, 2024

As a minor, you may have legal standing to sue for damages resulting from negligence or wrongful actions by a hospital, pediatrician, or Department of Social Services (DSS). If a hospital or medical provider erroneously administered a drug screen to the wrong child at birth, leading to DSS... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for North Carolina on
Q: Title 15 usc 1611. Does it mean I can get a personal loan and a bank can't deny it

And is it bc of our bond that was created when we're born

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answered on Feb 23, 2024

Title 15 USC 1611, also known as the Fair Credit Reporting Act, doesn't guarantee you automatic approval for a personal loan. It outlines regulations for credit reporting agencies and ensures fair treatment in credit-related matters. However, banks still have the right to evaluate your... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for North Carolina on
Q: Can a person be held locked up for 1st degree murder,denied bond twice, without any evidence except one person statement

laws have NO physical evidence.

person was previously in a bad dirt bike accident and has plates in both wrist, and is NOT physically capable of shooting a gun.

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answered on Feb 22, 2024

In North Carolina, as in other jurisdictions, it is possible for a person to be held without bond on serious charges such as first-degree murder, based on the severity of the alleged crime. The decision to deny bond typically considers factors such as the nature of the charges, potential risk to... View More

Q: retribution for cruel & inhumane torture case depriving individual of liberty, freedoms, rights, from foreign adversary

foreign chemical inside human body w/out consent or acknowledgment by individual, individual GPSD by intelligent system like that of NASA, Deprivation of rights over a 7 yr period due to illegal equipment & hijacking of civilian life, violations on behalf of those whom withhold oaths to protect... View More

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answered on Feb 21, 2024

If you believe you have been subjected to cruel and inhumane treatment, deprivation of liberty, and violations of your rights by a foreign adversary, it is crucial to seek legal assistance immediately. Documenting any evidence of the alleged torture, deprivation of rights, and violations of... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for North Carolina on
Q: I want to sue a hospital for admitting me for refusing medication when I did nothing to go to the hospital

My mother ivc me in a mental behavioral hospital 3 times for nothing I did. I tried to tell the hospital that I didn't do anything but instead they started me on medication. I know have a constitutional right not to take medication. The 3rd time I went to the hospital I refuse injection... View More

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answered on Jan 8, 2024

To pursue legal action against a hospital for what you believe to be wrongful admission and treatment, you should first consult with an attorney experienced in medical malpractice or healthcare law. They can help you understand whether you have a viable case based on the specifics of your... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: 2009 was my last felony conv. & I have no violent ones on my record. When can I petition for my gun rights back?

I have no remaining convictions or obligations pertaining to any legal matters of any kind.

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answered on Nov 20, 2023

In North Carolina, individuals with felony convictions can petition to restore their gun rights, but certain conditions must be met. Since your last felony conviction was in 2009 and you have no violent felonies on record, you may be eligible to petition for the restoration of your gun rights.... View More

1 Answer | Asked in Tax Law and Constitutional Law for North Carolina on
Q: Can I protest by not paying taxes without legal consequences?

I am considering not filing and not paying my taxes this year as a form of political protest against the government's financial decisions. I am currently performing unpaid labor after previously holding a paid job. I want to understand if this form of protest, which I believe is protected... View More

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answered on Mar 24, 2025

Not paying taxes as a form of political protest does carry significant legal consequences, despite your belief that it might be protected. The IRS treats failure to file or pay taxes as a violation of federal law, regardless of your motivations. You could face penalties including substantial fines,... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for North Carolina on
Q: Can mental health firearm bar from CA be removed in NC?

I have a mental health bar to firearms imposed by California. I have not been committed to an institution for over a year and have been under psychiatric care since. I've noticed that the North Carolina statute 122C-54.1(b) used to directly address this issue but no longer does. I have... View More

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answered on Mar 23, 2025

Yes, North Carolina law allows for removal of out-of-state mental health firearm bars. The process involves petitioning the district court in your county of residence, which aligns with your current situation and scheduled hearing. The law specifically states that "an individual disqualified... View More

1 Answer | Asked in Constitutional Law, Employment Law and Cannabis & Marijuana Law for North Carolina on
Q: Can campus police conduct warrantless dorm searches in NC?

Can campus police at my university legally search all dorm rooms without consent or a warrant if the building smells of marijuana? In a specific incident, the campus police searched everyone's rooms because of this smell. The student handbook states that the university reserves the right to... View More

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answered on Mar 23, 2025

The Fourth Amendment generally protects students from unreasonable searches in dorm rooms, which courts have recognized as having a reasonable expectation of privacy similar to a private residence The Fourth Amendment applies to dorm rooms just as it does to houses. This means a college student... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: Is there a case in the Supreme Court that reversed a case because a police officer made a material false statement ?

To a federal grand jury, Robertson vs us,or Robinson vs us?

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answered on Feb 8, 2025

If you are dealing with a situation where a police officer made a material false statement that affected your case, speaking with an attorney could be a good idea. Legal matters involving false statements, perjury, or wrongful convictions can be complex, and having someone with legal knowledge can... View More

1 Answer | Asked in Civil Litigation, Contracts, Constitutional Law and Landlord - Tenant for North Carolina on
Q: My lease agreement prohibits "discharging a firearm in the apartment community" does this include self-defense?

Pitt County, NC.

If I'm in the midst of being robbed (not knowing whether they are armed or not) and I warn them multiple times that I have a firearm, but they do not listen to the warning and continue, posing as an imminent threat to me and my significant other. In such scenario, if I... View More

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answered on Jan 28, 2025

Your lease agreement prohibits discharging a firearm within the apartment community, but self-defense is a different matter. North Carolina law recognizes the right to defend yourself if you are facing an imminent threat of serious injury or death. If someone is breaking in and you reasonably fear... View More

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: Can a Detective be charged for releasing DNA evidence to someone not involved in a active investigation.
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answered on Jan 27, 2025

If a detective releases DNA evidence to someone who is not involved in an active investigation, they could face legal consequences depending on the circumstances. DNA evidence is typically considered sensitive and confidential, protected by both privacy laws and legal protocols. Sharing such... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Juvenile Law for North Carolina on
Q: Can a private school legally go through a child's backpack without the owner or guardian notified or present?

It is my understanding that there was no "reasonable cause" and it was simply a "random search" of the students backpacks while they were at recess. No one was notified until after the search was completed.

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answered on Jan 24, 2025

Private schools operate under different rules compared to public schools, as they are not bound by the same constitutional protections. In many cases, private schools have policies outlined in their handbooks or enrollment agreements that give them broad authority to conduct searches of student... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for North Carolina on
Q: If an attorney from a specific law firm represents you, can a different attorney represent a defendant who assaulted you

Owner/Senior Partner of firm was my representative. His nephew is an attorney within that firm who is representing a male who assaulted me (female).

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answered on Jan 21, 2025

If an attorney from a law firm has already represented you, it may create a conflict of interest for another attorney from the same firm to represent someone whose interests are directly opposed to yours, such as someone accused of assaulting you. Law firms are generally expected to maintain... View More

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