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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
James L. Arrasmith
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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

James L. Arrasmith
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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 Traffic Tickets, Civil Rights and Constitutional Law for Pennsylvania on
Q: Why can’t I sign my driver’s license, State ID, or LTCF with “All Rights Reserved” or “Without Prejudice”?

The DMV said I can’t sign my driver’s license or State ID with “All Rights Reserved” or “Without Prejudice”. Same for the the gun permit unit for my LTCF. Yet, in order to exercise my 2nd Amendment rights, I am being told I need to present a state ID, so I am under duress to sign in the... View More

James L. Arrasmith
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answered on Feb 24, 2024

The requirement to sign your driver's license, state ID, or LTCF without adding "All Rights Reserved" or "Without Prejudice" is typically due to standard procedures set by government agencies. While you may feel it infringes upon your rights, these agencies operate within... View More

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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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 Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Does it violate the 14th amendment right to travel if my probation officer bars me from traveling
James L. Arrasmith
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answered on Nov 12, 2023

In the context of probation, the right to travel, as protected under the 14th Amendment, can be lawfully restricted. Probation often comes with conditions that aim to ensure public safety and facilitate rehabilitation, and these conditions can include travel restrictions. The Supreme Court has... View More

Q: Who will represent me im a person with a Disability in the Commonwealth of Pennsyl for 2 civil rights deprivation suits

It's AGAINST a Dr where I was going for my Recovery til he tried to manipulate and intimidate me with OPPS PROPAGANDA. I got 2: open active cases supreme Court Western district of Pa

John Michael Frick
John Michael Frick
answered on May 19, 2023

Civil rights cases are too complex for most attorneys. You should retain the services of an experienced civil rights lawyer in or near the county where your case is pending or where it needs to be filed. Because of the relatively low rate of success and limited damages available, you should... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehi

Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehicle and I said no then spoke to another officer after he removed his recording device and sat on car. Then told me that he was calling a canine unit out to which I responded that... View More

James L. Arrasmith
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answered on Mar 2, 2023

Based on your description, it appears that the officer may have exceeded the lawful limits of his authority during the traffic stop. The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures, and law enforcement officers generally need a warrant or... View More

1 Answer | Asked in Child Support, Family Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Plaintiff not present at Child Support Contempt of Court Hearing – Unconstitutional?

1. I appeared at Contempt of Court Hearing regarding Child Support but never filed an Entry of Appearance

2. Plaintiff was not present, I objected, it was overruled

3. Judge stated on the public record that the court adheres to all the laws of the Federal Constitution and the... View More

Peter Christopher Lomtevas
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answered on Nov 22, 2022

This asker posed this question on Avvo. This was the response:

This question leaves some unanswered question one of which is who is the obligee. Is the obligee the custodial parent or is it the government who obtained an assignment of the obligation. The impression from this narrative is...
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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Government Contracts for Pennsylvania on
Q: Why can’t I sign my driver’s license, State ID, or LTCF with “All Rights Reserved” or “Without Prejudice”?

The DMV said I can’t sign my driver’s license or State ID with “All Rights Reserved” or “Without Prejudice”. Same for the the gun permit unit for my LTCF. Yet, in order to exercise my 2nd Amendment rights, I am being told I need to present a state ID, so I am under duress to sign in the... View More

James L. Arrasmith
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answered on Feb 24, 2024

The requirement to sign your driver's license, state ID, or LTCF without adding "All Rights Reserved" or "Without Prejudice" is typically due to standard procedures set by government agencies. While you may feel it infringes upon your rights, these agencies operate within... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I recorded a traffic stop the police that I recorded followed me pulled me over was my rights violated
John Michael Frick
John Michael Frick
answered on Jun 8, 2023

There are no facts stated in your question which suggest that your rights were violated. Police routinely enforce traffic laws by making traffic stops.

2 Answers | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I'm a felon on parole for a few years now and I live in Pennsylvania what I want to know is can I vote
Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Feb 28, 2023

Yes. Only felons who are currently incarcera

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