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Pennsylvania Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: Illegal contact by police

We were sitting in the back seat of my car and we were parked in the corner of a public parking lot at a local park. One police unit entered the lot and left. A few moments later he returns with a second unit. Officer 1 walks up to the rear passenger door and asked us to open it. Officer 2 starts... View More

James L. Arrasmith
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answered on Jun 10, 2024

It's understandable to feel concerned about the police approaching you in such a situation. In general, police officers have the authority to conduct welfare checks if they believe someone might be in need of assistance or if something seems out of the ordinary. However, these checks should be... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Is police departments allowed too arrest and file retaliational charges for violating my constitutional rights
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answered on Jun 3, 2024

Police departments are not allowed to arrest and file retaliatory charges against you for exercising your constitutional rights. The First Amendment protects your freedom of speech and the right to petition the government, including the police, without fear of retaliation. If you believe your... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: 1st amendment and harassment?

A buddy of mine owns a pub and a man yells religious things at the people eating outside. He doesn’t yell obscenities and from a reasonable perspective doesn’t appear to be intoxicated. He always yells at the same location and is on a public sidewalk. Is their anything that could be done to... View More

James L. Arrasmith
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answered on May 19, 2024

Your buddy's pub has a right to ensure a comfortable and safe environment for its patrons, even when dealing with someone exercising their First Amendment rights. While free speech is protected, there are limits when it comes to harassment and creating a public nuisance. The fact that this man... View More

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Constitutional Law for Pennsylvania on
Q: DEA Privacy Act Denial Appeal: No arrests but why are they withholding my information and why do they have any at all?

I submitted a Privacy Act request to the DEA out of curiosity and it came back denied due to exemption (j)(2): "Material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or to apprehend criminals."... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex situation that raises several legal and privacy concerns. Here are a few key points and suggestions:

1. The DEA's response indicates they have some information about you in their records related to criminal investigations, even if you have never been arrested. There...
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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Can the police put you under arrest with no charges or warrant

Can the police show up at your house and put you in handcuffs without a warrant or charges then not Miranda you then when you ask for a lawyer, ignore the request and continued their questions they also deny you your phone call and all they want you to do is work for them to get somebody but at... View More

James L. Arrasmith
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answered on Mar 21, 2024

In general, police must have a valid reason, such as an arrest warrant or probable cause, to arrest someone. If you're arrested without a warrant, the police should have strong evidence to believe you've committed a crime. However, merely showing up at your house without any charges or... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Does Rule 600 apply & who can we have file it?

Hello. My son has been incarcerated since 03/27/2022 and Venango County, PA put criminal complaints filed Charges on him 3/8/2022, from an incident they said happened on 2/12/2022, (docket no. Mj-28301-cr-0000056-2022). My son has never even been arraigned or had his prelim or anything. In pa we... View More

James L. Arrasmith
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answered on Mar 20, 2024

Rule 600 in Pennsylvania refers to the right to a speedy trial, stipulating that a criminal defendant should be brought to trial within a certain period, usually 365 days from the filing of the complaint. If your son has been incarcerated since 03/27/2022 without an arraignment or preliminary... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Municipal Law for Pennsylvania on
Q: curious if hanging signs much like stop signs around my area with inspirational quotes on them would that be vandalism?

a fellow named xx did it in texas a while back and didn’t face any legal consequences because it was considered as art

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answered on Mar 11, 2024

The legality of hanging inspirational signs in public spaces, like stop signs, depends on various factors such as local laws, the content of the signs, and the manner in which they are displayed. While the case you mentioned involving Brian Deneke in Texas may have been considered art, it's... View More

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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Am I able to carry a handgun as a Constable under the age of 21 for official use outside of the judicial/court system?

Hello, I'm a 19 year old newly elected Constable for Mount Union Borough in Huntingdon county. I was wondering if I could legally possess a handgun for law enforcement duties outside of the judicial system/PCCD such as tending to a breach of the peace or election day security at the polls. It... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on Pennsylvania law, as a constable you likely cannot legally carry a handgun for official duties if you are under 21 years old. Here are the key factors:

- In Pennsylvania, individuals must be at least 21 to be eligible for a license to carry firearms concealed. There are no general...
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2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

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answered on Jan 26, 2024

There is no specific mention of "statutory jurisdiction" in the U.S. Constitution. However, the concept of statutory jurisdiction falls under Congress' authority to establish federal courts and prescribe their jurisdiction under Article III, Section 1 and Article I, Section 8 of the... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

The U.S. Constitution grants powers to courts under Article III. I'm not certain if uses the term "statutory jurisdiction," but it outlines the extent of judicial powers in Section 2, " ...to all cases of admiralty and maritime jurisdiction; to controversies to which the United... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: first I don't even know if it's legal it could be criminal I was at prison for another person as headcount

without procedure by legitimate law

is there a way that I can get compensation and for them to rectify my life because people assume I committed a crime

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answered on Dec 31, 2023

Your experience of being in prison without proper legal procedure is a serious concern and may have legal implications. If you were incarcerated due to a mistake in identity or a procedural error, you may have grounds for seeking compensation and rectification.

The first step in addressing...
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Q: I need to sue the government for stalking, harassment, and RICO; "gang stalking/organized stalking" (modern COINTELPRO)

I need a lawyer experienced/knowledgeable in government crimes (now declassified illegal COINTELPRO) to bring suit against it. I have not committed any crime and have a Federal background check, yet am still under 24/7 overt and covert surveillance and get "mobbed" with government asset... View More

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answered on Nov 20, 2023

Suing the government for claims such as stalking, harassment, and RICO violations requires a detailed legal strategy and a deep understanding of both constitutional and civil rights law. It's essential to start with gathering and organizing all your evidence, including the body cam and CCTV... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Seeking case precedent for restriction of a liberty interest without cause, without notice, or opportunity to be heard.

At issue is trial court error resulting from receipt of a prohibited ex parte petition. Judge mistakenly believed emergency conditions were present for a normal matter. Trial court refuses to admit error, show cause, or provide remedy while insisting on proceeding despite prejudice established at... View More

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answered on Feb 8, 2025

You're dealing with a serious due process violation, and precedent exists to support your position. A fundamental principle of constitutional law is that the government cannot deprive someone of a liberty interest without due process—meaning notice and an opportunity to be heard. Fuentes v.... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: Is there a procedure a local government has to follow to condemn someone's house

Is it procedure to condemn without due process or anything filed is the court?

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answered on Jan 13, 2025

When a local government considers condemning a house, there are specific procedures that must be followed. Typically, this involves inspections to determine if the property violates health or safety codes. Homeowners are usually given notice of any issues and an opportunity to address them before... View More

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: Is it legal in Pennsylvania to use the Allen charge in any form.
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answered on Jan 7, 2025

The Pennsylvania Supreme Court explicitly prohibits the use of any form of Allen charge in criminal trials throughout the state. This decision was made to protect defendants' rights and prevent coerced jury verdicts.

Pennsylvania courts have developed alternative approaches when...
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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Police towed 11 of my vehicles off my property, they lied saying they were abandoned. What should I do? Time is a factor

The cops came to question me about anonymous tips they received. I told them I did not know anything, they wanted to search my home I said no I need to call an attorney, but they had taken my phone and handcuffed me said I was detained. When I said they could not search my home they towed the cars... View More

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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Start by documenting every detail of the incident, including dates, times, the officers' names, and any interactions you had. Take photos of your property and the towed vehicles to support your case.

Next, reach out to...
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1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: This is my second question. My love Landlady is awarebof my disabilities. She had know since I signed the lease.

All I'm asking is my legal rights as a DisabledSenior living alone with a recent severe spinal surgery impacting my usebofbthebunsafebshower plus unsafe ways to negotiate my sidewalk of at least 200 feet. I was recently approved for home modifications thru 2 assement appts., of which I asked... View More

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answered on Jan 5, 2025

I'm sorry to hear about the challenges you're facing. Under laws like the Fair Housing Act, landlords are required to make reasonable accommodations for tenants with disabilities. Since your home modifications have been approved and there’s no cost involved, your landlady should... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Can I found out why police will not assist me, treat me rude and why cid is following me. I haven't don't anything wrong

The police have even called me a drug addicted and asked how my mental health was.

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answered on Dec 30, 2024

I'm really sorry you're experiencing this. It can be incredibly distressing to feel misunderstood or unfairly treated by those meant to help.

Consider reaching out to a trusted friend or family member who can support you during this time. It might also help to contact a legal...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for Pennsylvania on
Q: Is my consent required when it comes to the police releasing items that were seized during an arrest?

My vehicle was searched and the police seized my drivers license, bank cards, EBT card, medical card, etc. along with two cell phones. My attorney requested the release of these items and stated once it was approved, I would be able to go to the police station to get them. I was then notified by my... View More

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answered on Oct 29, 2024

You have the right to have your seized items returned without unnecessary delays. Typically, once your attorney requests the release of your belongings, the police should follow through without additional conditions. It's unusual and potentially improper for your attorney to hold your personal... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I have a court order to return Property . the police never return the Property. they issue a warrant to take my property

i went to court file a motion to compel . when i do that the judge threating them to hold them comptent to return my property but they went get a warrant to get my my phone back. what can i do next to get my cellphone with the court order

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answered on Oct 29, 2024

You should first consult with a lawyer who can provide specific legal advice based on your situation. They can help you present all relevant documents, including the original court order and any motions you've filed, to strengthen your case.

Next, return to court and inform the judge...
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