Lawyers, Answer Questions  & Get Points Log In
Washington Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Washington on
Q: Does an officer have to have a provable reason to pull u over

Case Description: So I had been driving home from getting my daughter and got lit up by a sheriff. I was about 100 yards from my driveway so I made the decision of not stopping right away and continuing to my driveway so my car wouldn’t possibly get towed and my daughter would have to be stuck in... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jul 11, 2020

They don't have to prove beyond a reasonable doubt that you committed an infraction or something to pull you over. But there has to be a reason that they can explain and have some testimony towards the reason(s). For example, he could be saying I saw that this vehicle was traveling over the... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for Washington on
Q: What to do when there is entire county of corrupt cops and i cant report elsewhere because its outside of specific count
Cristine Beckwith
Cristine Beckwith answered on Jun 6, 2020

In certain cases, when it can be proven to the court that a certain jurisdiction would not be able to hold a fair trial, a motion to change venue could be granted. We would need to speak with you so we can get additional information. Please feel free to contact us at 253-238-8273.

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: Is a k9 sniff probable cause to seize a vehicle, from Wal-Mart parking lot?

While customers are shopping inside Poulsbo Wal-Mart, an office is outside looking in the windows of parked cars. If he feels necessary he brings his K9 out to sniff. If his K9 "hits" he has the vehicle taken to police station, then applies for warrant.

Patrick Owen Earl
Patrick Owen Earl answered on Jan 14, 2020

Officers can look into cars and if they see something in plain sight that is suspicious they have the ability to investigate. So I haven't researched this issue but it is one looks on its surface that it is fine but I would be interested in what the case law says about it. However, you will... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Is there an available attorney to assist on a contingent civil matter for Everett, WA?
Tim Akpinar
Tim Akpinar answered on Dec 15, 2019

It could depend on what the matter is. Your question remains open because this is more of a question & answer board than a lawyer referral service. You could go to the Find-a-Lawyer tab above to the left and look for lawyers in your area and in the legal area involved. If it involves an... Read more »

1 Answer | Asked in Constitutional Law, Intellectual Property and Small Claims for Washington on
Q: So if someone who I live with who I have no relationship to, violates my 4 amendment right, can I create a case?
Tim Akpinar
Tim Akpinar answered on Dec 4, 2019

The Fourth Amendment applies to unlawful searches or seizures on the part of the government. Your situation sounds like a civil matter between two individuals. Keep in mind that whatever legal remedies might be applicable here that a Washington attorney could advise about, it could be... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for Washington on
Q: So I am correct a driver's license is not required for driving my vessel?
Stan Glisson
Stan Glisson answered on Aug 1, 2019

Not a driver's license, but a boater's license is required (for most people, depending on your age).

https://boat.wa.gov/BoatersCard.asp

2 Answers | Asked in Criminal Law and Constitutional Law for Washington on
Q: can i own a firearm if i have stayed out of trouble from 3/7/2006 with a vucsa : possession w/intent to manufacture

no violations on doc plus

I now have a job with Boeing and have been a contributing member of society as I learned from my mistakes and have a wife and kids whom I would very much like to be able to protect legally if the situation should ever occur where I need too? Lets hope it never does...

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Jan 18, 2019

You cannot possess a firearm unless you have had that right restored by a court of law. However, if you have no other history, based upon those charges and the length of time, you may very well be eligible to restore your rights pursuant to RCW 9.41.047 Restoration of possession rights. Best of... Read more »

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Washington on
Q: Is it constitutional to require urine analysis upon demand prior to being found guilty?

Is it unconstitutional for a court to put stipulations upon a persons before they're found guilty by jury of their peers

Stan Glisson
Stan Glisson answered on Aug 23, 2018

Generally yes.

"the trial court erred when it determined that Wilson was unlikely to appear for future court dates and, accordingly, such a finding cannot support the trial court's imposition of weekly UAs for Wilson."

State v. Rose, 146 Wash. App. 439, 451, 191...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: can an off duty cop from a neighboring county detain me and run my name then search me? Isn't that an illegal search?

the cop was on his way home and just happened to live in the neighborhood, a couple blocks from my house. when he ran my name it came back that i had a warrant out of another county (neither the county that i was in or the county that the cop was from). when it came back that i had a warrant he... Read more »

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Feb 19, 2018

The easy answer...It depends. A licensed law enforcement officer is authorized to perform their duties even when they’re off duty. These cases are highly factually specific. It depends upon the contact that was made and the situation that surrounded that initial contact. So when that officer ran... Read more »

1 Answer | Asked in Personal Injury and Constitutional Law for Washington on
Q: Can I sue Walmart?

Last summer I was arrested for a crime that occurred at a Walmart store.I told them I didn't do it but the clerk positively identified me. I was arrested and did a week in one jail where I was beaten up and my two front teeth knotted out I also had blood in my urine. Then I was finally bailed... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 9, 2017

May have claims against Walmart & against the jail.Contact the Washington State Civil Liberties Union, ask for the names of "cooperating attorneys " in their prison litigation unit.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Constitutional Law for Washington on
Q: Can I sue Walmart?

Last summer I was arrested for a crime that occurred at a Walmart store.I told them I didn't do it but the clerk positively identified me. I was arrested and did a week in one jail where I was beaten up and my two front teeth knotted out I also had blood in my urine. Then I was finally bailed... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 3, 2017

You may have a valid claim against Walmart for false arrest and related claims. You should contact an attorney in your area to determine whether your claim is worth pursuing. It is truly unfortunate that you had to go through such an ordeal because of faulty eyewitness evidence. Studies... Read more »

1 Answer | Asked in Constitutional Law for Washington on
Q: Is it against the first amendment for a law to be in acted that is supported only by religious belief? Abortion-Gay M?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

I need specifics of what you are talking about. Rephrase the question so that it is more understandable.

1 Answer | Asked in Constitutional Law for Washington on
Q: Do woman have the right to an abortion even though its killing another human being?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

This is a hot topic. You should read up on the subject.

1 Answer | Asked in Constitutional Law for Washington on
Q: If each state enforces their own laws,why do we even have a constitution?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

You are asking an obscure question. The constitution came before the laws, and it is the supreme law of the land. The tail does not wag the dog.

1 Answer | Asked in Constitutional Law for Washington on
Q: Why are you not allowed to pray in schools?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

You are allowed to pray in schools. In order to answer this question fully, one has to do a ton of research, and you would have to refine the question, that would probably be modified once the research was started. Do you want to read all about it, or do you want an attorney to do a ton of research... Read more »

1 Answer | Asked in Constitutional Law for Washington on
Q: Do prisoners get freedom of religon, speech, press, petetition
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

Prisoners lose their civil rights upon conviction of a felony.

1 Answer | Asked in Constitutional Law for Washington on
Q: How do I legally find out the details and review the dockets for a federal writ of habeus corpus?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

Ask the clerk or hire a private attorney.

1 Answer | Asked in Constitutional Law for Washington on
Q: What are your thoughts about US v Lopez? Are school zones covered under the Commerce Clause?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

You assume that I already know the case, and I have not read it. Your question is not a basic legal question, although you probably think that it is. One must know not only the results in a certain case, but the results in many similar cases to form an opinion.

1 Answer | Asked in Constitutional Law for Washington on
Q: Can US supreme court render a default judgment? If yes, can such judgment be set set aside by the supreme court?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

No facts given here, or not enough information. We cannot answer hypothetical questions without knowing the facts. I do not know the answer automatically and would have to do a bit of research to answer. If a court can enter a default judgment, then the same court can set is aside.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.