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At a store while parked the officer pulls behind the vehicle and turns on the blues and said that the plates was blocked and proceeded to question and search the vehicle after being told it was not wanted
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answered on Jul 20, 2024
In Georgia, the police typically need a warrant to search your car, but there are exceptions. If an officer has probable cause to believe that your car contains evidence of a crime, they can search it without a warrant. Probable cause might arise from seeing illegal items in plain view or smelling... View More 
1983 42 Case against State official was filed in US District Court. Defendant attorney's only defense was immunity under 11. After a year, the Judge dismissed and closed my case with prejudice due to immunity under 11 only. The merits of the case were not addressed by the judge. I then filed... View More
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answered on Jun 21, 2024
This is a complex situation involving civil procedure, federal jurisdiction, and the interplay between state and federal courts. Let me break down the key issues and offer some guidance:
1. Original Federal Court Dismissal:
The federal judge dismissed your §1983 case with prejudice... View More
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answered on Jun 15, 2024
To sue the Department of Social Services (DSS) for false allegations and opening a case against you, start by gathering all relevant documentation. This includes your prescription for the medication, any communications with DSS, and records of their allegations. This evidence will support your... View More
After the Bell hearing I asked several times for paperwork I made two requests the first request they sent me only the public defender paperwork I requested the prelim paperwork again yet again I only got the public defender paperwork five or six days after my bond hearing I requested again the... View More
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answered on May 19, 2024
You need to take immediate action to address the issues with your case. Start by documenting everything that has happened, including all your requests for paperwork and any responses you've received. This will help establish a record of the lack of communication and mishandling of your case.... View More
Is so, which ones and to what extent?
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answered on Feb 24, 2024
While you may retain some constitutional rights while under house arrest or probation, they may be subject to certain limitations or restrictions. For example, you typically maintain your right to freedom from unreasonable searches and seizures under the Fourth Amendment, but this right may be... View More
Is so, which ones and to what extent?
answered on Feb 9, 2024
There are many constitutional rights kept by the person who is on house arrest or probation but there are many given up. The details would be too many to go over in this post so it is important to consult an experienced attorney and review documentation the person received when entering a house... View More
SCDSS filed a custody removal suit against my husband based on an affidavit in which the case worker blatantly lied. Through a recorded phone conversation and phone records, I was able to prove that she lied, and they settled the case out of court. There were no repercussions for the DSS employees,... View More
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answered on Feb 1, 2024
Finding an attorney willing to sue a government agency like the South Carolina Department of Social Services (SCDSS) can be challenging, but it's not impossible. To pursue a case against SCDSS, you should look for experienced attorneys who specialize in civil rights and administrative law.... View More
The so called victim was my husband customer who wrote a bad check for 6500 and my husband and him argued at the dock. I never got off the boat but he said I damaged his car?! We didn't even put.in at that marina I wouldn't even have known.what car or truck was his out of the 60... View More
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answered on Jan 30, 2024
I understand your concern and frustration regarding the warrant for your arrest. In situations like this, it's important to know that law enforcement can issue a warrant based on the statement of a witness, even if that witness is the alleged victim's friend. However, the validity of the... View More
When he saw my weed pipe and said he gonna shoot my dog I told him I'll shot you,so they charged in tased me cuffed me,jail I went they never said under arrest or read my rights
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answered on Jan 26, 2024
In your situation, it's important to understand that police generally need a warrant to conduct a search, but there are exceptions. One such exception is if an officer sees illegal items in plain view, like a weed pipe, which can justify a search and potentially an arrest without a warrant.... View More
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answered on Jan 2, 2024
Winning your court case for a false shoplifting accusation is a significant victory. This outcome not only clears your name but also confirms your innocence in a legal context. However, the experience of being falsely accused and arrested can have lasting impacts.
You might consider... View More
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answered on Jan 2, 2024
Being falsely accused of shoplifting can be a distressing and confusing experience. It's important to understand your rights and the steps you can take to address this situation.
Firstly, remain calm and cooperative if approached by store security or law enforcement, but be mindful not... View More
If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More
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answered on Jan 2, 2024
In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More
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answered on Dec 12, 2023
In South Carolina, as in other states, it is illegal for a private investigator or anyone else to hack into your laptop without your consent. Hacking, which includes unauthorized access to someone's computer or digital accounts, is a violation of both federal and state laws.
The... View More
Search was conducted during a routine traffic stop for a broken taillight observed on main highway but not stopped until on the private dirt road. K-9 unit was brought on scene and "alerted" as their reasoning for conducting the search. But were they legally even allowed to bring in the... View More
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answered on Nov 18, 2023
In South Carolina, the authority of a deputy sheriff to conduct a vehicle search does not necessarily change based on whether the road is county-maintained or private. The legality of the search typically hinges on whether the officer had probable cause or the driver's consent, rather than the... View More
City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More
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answered on Nov 17, 2023
In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More
They tore out a bunch of my trees and tore my driveway up without concent. I'm estimating about 200 sq ft was destroyed of woods.
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answered on Aug 31, 2024
You have the right to take action if a company entered your property without permission and caused damage. The company likely violated your property rights, and you may be entitled to compensation for the damages they caused, including the destruction of your trees and driveway. Documenting the... View More
Then for multiple reasons my next public defender I asked him to file for change of venue for many legit reasons and he instead file a motion to be removed from my case and there was a significant gap in time where I'm left without council to consult with, in respect to preparation I... View More
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answered on Aug 31, 2024
It sounds like you're facing a challenging situation with your legal representation. When your public defender abruptly switches to the prosecutor's office, it can raise concerns about potential conflicts of interest and whether your right to effective counsel is being upheld. It's... View More
I noticed sections 16-23-20 still states that you need to be a valid CWP holder to conceal or open carry a firearm, but in contrast to that, “H. 3954 - Constitutional Carry Guidance” seems to state that I can openly/concealed carry without a CWP as long as the firearm is under 12 inches. It... View More
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answered on Aug 31, 2024
In South Carolina, the laws regarding carrying firearms can be complex, and it's important to understand the specifics to ensure you're following them correctly. According to Section 16-23-20, traditionally, you would need a valid Concealed Weapon Permit (CWP) to legally conceal or open... View More
I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle
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answered on Aug 31, 2024
In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their... View More
I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle
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answered on Aug 31, 2024
When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior,... View More
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