Pennsylvania Constitutional Law Questions & Answers

Q: Police Department Policy Violation

4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two...

Q: Police Department Policy Violation

4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two...

Q: Police Department Policy Violation

4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two...

Q: Police Department Policy Violation

4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two...

Q: In PA, do I need any type of license to sell a hunting shotgun privately? What is the process? Can I sell it to a felon?

1 Answer | Asked in Consumer Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Answered on Sep 26, 2018
Cary B. Hall's answer
Try contacting your local Pennsylvania State Police barracks with your questions. They deal with and enforce most of the firearms laws in the Commonwealth. Better safe than sorry, right?

Best of luck to you.

Q: Are tolls unconstitutional 4 amendment 14 th And 10th

1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Answered on Sep 26, 2018
Cary B. Hall's answer
Tolls, like highway tolls? No -- because if they were, you wouldn't still be paying them. Folks come up with all kinds of constitutional arguments against everything under the sun, and almost all of them get shot down by the courts. The ones that don't, you'll hear and know about.

Q: Cases that involve the second amendment, particularly right to bear arms.

2 Answers | Asked in Consumer Law, Criminal Law and Constitutional Law for Pennsylvania on
Answered on Sep 11, 2018
Cary B. Hall's answer
You're looking for appellate court opinions in cases concerning the Second Amendment (which *only* deals with "the right of the people to keep and bear Arms")?

Your best bet is to do a Google search yourself and/or go spend some time in a law library. You won't find an attorney here to do such broad legal research for you. Best of luck to you.

Q: Can someone please explain this?

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Pennsylvania on
Answered on Sep 3, 2018
Cary B. Hall's answer
It's someone arguing -- by taking snippets of state and federal court decisions -- that U.S. citizens have an unfettered right to travel, and that the "right to travel" cannot be regulated or curtailed by any sort of government.

I say, "good luck with that one."

Q: CPS AND CIVIL RIGHTS ISSUE PLZ HELP!?

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Answered on Jul 31, 2018
Kathryn Hilbush's answer
It's hard to know the whole story here. I suggest that you obtain private counsel to help you with this problem. If you can't afford a private attorney, then try Legal Assistance or of the advocacy groups in the Pittsburgh area that offer legal assistance at low or no charge.

Q: Is it constitutional to keep someone in solitary confinement for a year before conviction

1 Answer | Asked in Constitutional Law and Criminal Law for Pennsylvania on
Answered on May 4, 2018
Peter N. Munsing's answer
Unusual. Contact the pennsylvania civil liberties union.

Q: Change of jurisdiction to Federal Court for Divorce invl Swiss native?

1 Answer | Asked in Divorce, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Answered on Apr 13, 2018
Kathryn Hilbush's answer
This matter is far too complicated for anyone on this site to offer you suggestions as to how to proceed. If you do not already have an attorney representing you, then please consult with an experienced family law attorney in your area. Someone needs to sit down with you and review everything that's already occurred before offering advice and options. If you do have representation, then I would expect that you will discuss your concerns with him or her because your counsel has far more...

Q: If house was raided without existing warrant (illeg srch seize)does money seized legally get returned (no charges filed)

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Answered on Dec 13, 2017
Zak Taylor Goldstein's answer
Not necessarily. In order to get the money back, you would have to file a petition for return of property. You would want to retain a lawyer for that. You then may have to show that the money came from a legitimate source and did not have anything to do with drug trafficking. If you do not file the petition, you will not get the money back.

Q: Can an IME opinion ride through a major surgery that is considered work related?

2 Answers | Asked in Workers' Compensation, Constitutional Law and Insurance Bad Faith for Pennsylvania on
Answered on Dec 12, 2017
Timothy Belt's answer
There are many potential options in this situation including filing your own petition to Reinstate benefits after the surgery and to Review the description of injury to include the conditions set forth in the second IME. I would strongly suggest reviewing your options with your attorney, and if you do not have an attorney, obtain one as soon as possible.

Q: how can a WCJ rule on a second LMS with out a change in evidence

3 Answers | Asked in Workers' Compensation, Constitutional Law and Social Security for Pennsylvania on
Answered on Dec 12, 2017
Timothy Belt's answer
The nature of workers' compensation allows for change in condition both physical and financial. If additional better paying jobs are now available within your restrictions, the defendant can certainly attempt to modify or suspend your benefits based upon the new economic reality. You are also allowed to dispute these claims through evidence regarding your physical limitation as well as through vocational evidence disputing the jobs and availability of the jobs.

I assume you have an...

Q: i am a sex offender recently released from a Penna. prison. I am now serving 5 years special probation and am being

1 Answer | Asked in Constitutional Law, Gov & Administrative Law, Internet Law and Criminal Law for Pennsylvania on
Answered on Dec 9, 2017
Peter N. Munsing's answer
It's not but the way around it is to get a modification of the order allowing you use of the internet however it will have to be limited, you will likely have to allow others access to your computer and any and all passwords you have so they can make sure you aren't useing this in an untoward way.

Q: Is forbidding tricks on a bicycle unconstitutional?

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Municipal Law for Pennsylvania on
Answered on Nov 30, 2017
Peter N. Munsing's answer
If it prohibited tricks on private property, likely yes.Contact the Pa. Civil Liberties Union. On public property--I don't see it being invalid unless it is used to cover non-pedestrian areas such as open spaces used by jugglers, dancers, others.

Q: Actions of a Pennsylvania state agency directly effected my ability to begin a job and earn income. Are they liable?

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Gov & Administrative Law for Pennsylvania on
Answered on Oct 25, 2017
Peter N. Munsing's answer
Not under the circumstances as you describe them.Were you able to get the ID?

Q: Im on house arrest cause i need surgery the dr wont do the surgery unless the anklet is removed....

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Pennsylvania on
Answered on Oct 17, 2017
Zak Taylor Goldstein's answer
Your lawyer can file a motion with the probation judge asking the judge to let you remove the monitor in order to have surgery.

Q: Can I purchase a firearm within a day or two of getting off of probation?

1 Answer | Asked in Criminal Law, Constitutional Law and Wrongful Death for Pennsylvania on
Answered on Jul 13, 2017
Mr. Ryan L Hyde's answer
The fact that you are off probation is meaningless. You were convicted of a crime that makes it illegal for you to purchase a firearm. If you have questions you should ask a local attorney.

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