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Virginia Constitutional Law Questions & Answers
3 Answers | Asked in Criminal Law and Constitutional Law for Virginia on
Q: Is it illegal search and seizure if evidence was found without a warrant or arrest?

While camping on a river, a game warden approached me and suspected us of trespassing. During our conversation, I was getting a cigarette from my pack when he demanded to see it and subsequently found an illegal substance. He searched without a warrant and based on his suspicion that we were... View More

David G. Parker
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answered on Mar 22, 2025

You have a lawyer, so explain the circumstances of the encounter to your lawyer. They'll be able to review the officer's account of the interaction and compare it with your own recollection. If they determine that there was a possible 4th Amendment violation they can file a motion to suppress.

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1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Can police take pictures of a home exterior before search warrant is given to home owner?
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answered on Feb 12, 2025

Law enforcement officers have just as much right as any member of the public to knock on your front door, observe your house, and take photos from public areas. Search and seizure issues are extremely fact-specific. Whether there's a fourth amendment violation for an illegal search will depend... View More

2 Answers | Asked in DUI / DWI, Car Accidents and Constitutional Law for Virginia on
Q: Can what I said to a on body camera while I was intoxicated/ threatened to be arrested be used in court against husband?

My husband was helping move out a bed from a neighbor a few townehomes down. He backed into a neighbors car while it was parked. The lady came out as it was on her ring camera and called the cops. My husband got out of his truck and apologized as he felt so bad to do that to our neighbor of almost... View More

David G. Parker
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answered on Aug 14, 2024

Statements you provided to the officer are inadmissible hearsay unless they are subject to a hearsay exception (unlikely, based on what you described in your question). Additionally, you have marital privilege and cannot be compelled to testify against him. So it is most likely inadmissible and... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Virginia on
Q: The city I live in charge $48 for garbage pickup 1t week. I can not opt out but a business can? Is that discrimination

Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?

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answered on Mar 4, 2024

The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Can law enforcement stop you from seeking legal advice during there investigation?

Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?

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answered on Jan 27, 2024

Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Virginia on
Q: Do I have a case against the police department for being put in handcuffs with six guns drawn on me for shooting bbgun?

I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors.

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answered on Dec 9, 2023

In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More

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answered on Nov 28, 2023

If your spouse was involuntarily committed for mental health reasons, federal law, specifically the Gun Control Act of 1968, generally prohibits them from possessing firearms. In Virginia, your spouse can petition the court to have this right restored, but the process can be complex and the outcome... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Health Care Law for Virginia on
Q: How are a spouse's gun rights affected by involuntary detention for mental health?

My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More

David G. Parker
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answered on Nov 27, 2023

Your rights are not infringed by the statutes governing your spouse. That being said, you ought to take reasonable precautions to secure any firearms so that your possession of them is exclusive and is not a de facto possession by your spouse. It sounds like you are on the right track, both in... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Virginia on
Q: In VA, is it legal for a person 18-20 years old to conceal carry a pistol/handgun in this specific situation?

I understand that in Virginia, a person must be 21yo to obtain a Concealed Carry Permit. However, if someone over 21yo with a VA Concealed Carry Permit gifts a pistol to their wife/girlfriend who is 18-21yo, can the wife legally conceal carry that pistol at her place of business if the property... View More

James L. Arrasmith
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answered on Nov 18, 2023

In Virginia, the law regarding concealed carry is clear that individuals must be at least 21 years old to obtain a Concealed Carry Permit. Without such a permit, a person aged 18-20 cannot legally carry a concealed handgun in public places or at their place of employment, even if it's private... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Internet Law for Virginia on
Q: Does Discord’s response imply a court order for data retention?

I asked Discord if there is a court order for the retention of my Discord data, and they responded that they cannot provide specific information about retention requests or court orders due to privacy and legal reasons. I have not received any legal notices, am not involved in any legal... View More

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answered on Mar 24, 2025

Discord's response doesn't necessarily imply that a court order exists for your data. Many tech companies use standardized responses when users inquire about legal matters related to their accounts, regardless of whether specific orders exist or not. This type of vague language often... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Can I publish an op-ed on false AI accusation issues?

I'm a college student planning to write an op-ed about the unfairness of students being falsely accused of using AI, highlighting how AI detectors are faulty and may flag specific words, causing smart students to dumb down their work. I won't name any company, university, or professors.... View More

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answered on Mar 24, 2025

Publishing an op-ed about false AI accusations and flawed detection systems falls squarely within your right to free speech, especially since you're avoiding naming specific individuals or institutions. Your perspective as a student experiencing this firsthand brings valuable insight to an... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: What unique legal arguments exist against qualified immunity with supporting statistics?

I'm looking for unique legal arguments against qualified immunity, possibly backed by relevant statistics, to strengthen my debate position. I'm interested in perspectives or data that are not commonly discussed.

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answered on Mar 23, 2025

You might strengthen your debate position by exploring how qualified immunity creates a procedural catch-22: courts can dismiss cases without determining if a constitutional violation occurred, preventing the establishment of precedent needed to overcome future immunity claims. Research from UCLA... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Health Care Law for Virginia on
Q: Hi, my dad has Medicare and Medicaid and in this new administration, an unelected official (Elon Musk) is apparently

Accessing this information. Is this illegal?

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answered on Feb 9, 2025

If Elon Musk or any other unauthorized individual is accessing your father’s Medicare and Medicaid information, that would likely be a serious violation of federal privacy laws. Health records are protected under HIPAA (Health Insurance Portability and Accountability Act), which limits who can... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: How can I prove mental incapacity for not filing within I specific time frame?
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answered on Feb 8, 2025

Proving mental incapacity to justify a missed deadline requires strong evidence showing that you were unable to manage your affairs during the relevant time period. Medical records from doctors, psychologists, or hospitals can help demonstrate that your condition severely impaired your ability to... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Virginia on
Q: Why would a lawyer refuse to file a motion for a bond hearing?

Friend was arrested 2 weeks ago, there is nothing preventing the bond hearing other than the lawyer saying his schedule is so tight that he can't schedule a hearing with the court until the 13th, which is the defendant court date. I even asked if he could refer me to another lawyer just for... View More

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answered on Feb 2, 2025

It’s frustrating when a lawyer doesn’t make a bond hearing a priority, especially when someone has already been sitting in jail for two weeks. While court schedules and attorney workloads can sometimes cause delays, a defendant has the right to a timely bond hearing. If the lawyer refuses to... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Police enters home based on permission from someone who does not legally reside there

Picture this hypothetical scenario (out of curiousity). Say I invite people to my house, where I live with my 1 roomate. Say a police officer enters, saying that they got permission to enter the house from the person who answered the door. If the person does not live there, is it valid for the... View More

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answered on Jan 24, 2025

If someone who doesn’t legally reside at your home gives police permission to enter, that consent is generally invalid because they lack the authority to give it. For the police to legally enter based on consent, the person granting permission must have common authority over the premises, such as... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Virginia on
Q: Can a circuit court judge force a defendant to cease taking prescribed medications

I am on probation and have been using marijuana for many mental health issues and was prescribed medical marijuana but the court order says that I cannot use marijuana period. Is that a violation of an amendment right or something?

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answered on Oct 9, 2024

A circuit court judge has the authority to set conditions for probation, which can include restrictions on substance use. Even if you have a prescription for medical marijuana, the court may prohibit its use if it conflicts with the terms of your probation. Violating these conditions can result in... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Is the Religious Land Use and Institutionalized Person's Act (RLUIPA) 14th Amendment Section 5 legislation?

RLUIPA was enacted by Congress after the Supreme Court found (in City of Boerne v. Flores, 521 US 507 (1997)) that the Religious Freedom Restoration Act (RFRA) was not congruent and proportional legislation under Section 5 of the 14th Amendment. In response, Congress enacted RLUIPA after 3 years of... View More

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answered on Sep 13, 2024

If you're trying to determine whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) is legislation enacted under Section 5 of the 14th Amendment, consider how Congress approached its enactment. After the Supreme Court's decision in City of Boerne v. Flores, which... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Virginia on
Q: Based on 19.2-78 of the Virginia Code

Are sworn Virgina Conservators of the Peace permitted to have the Virginia Seal within their badge?

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answered on Aug 31, 2024

Under Virginia Code § 19.2-78, the law does not explicitly prohibit or permit the use of the Virginia Seal on badges of sworn Conservators of the Peace. However, the Virginia Code does outline specific rules regarding the use and display of the Virginia Seal, which is typically reserved for... View More

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