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Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Alaska on
Q: Is this a illegal extension of a traffic stop based on false accusations.

If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Washington on
Q: Can firefighters disclose who made wellness check report?

Washington State. Called for a wellness check on 91 year old diabetic grandma who was left alone for over 3 hours under the care of her drug addict son (who we opened an adult protective services case against.) The firefighters not only told him who made the wellness check call, but had me on the... View More

James L. Arrasmith
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answered on Apr 13, 2024

I'm sorry to hear about this difficult and concerning situation. Based on the information you provided, it seems the firefighters may have mishandled the situation by disclosing who made the wellness check report to the person being reported. This goes against typical protocols to protect the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Communications Law for New York on
Q: Can a hotel/restaurant place audio recording devices in their establishment?

The cameras are connected to another employees phone and said person listens to other people’s conversations that are not in regards to the business. Also no signs are posted that audio is being used. The cameras are used to eavesdrop.

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answered on Apr 12, 2024

In New York, it is illegal to record or eavesdrop on an in-person or telephone conversation unless at least one party to the conversation consents. This law applies to private establishments like hotels and restaurants as well.

According to New York Penal Law 250.05, "A person is...
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1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Domestic Violence on
Q: Can a business offer sanctuary the way a church does?

Not for suspected criminals, but in cases like providing temporary shelter for the homeless or victims of abuse. Does being non profit make a difference? What if the business's owner is religious?

James L. Arrasmith
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answered on Apr 12, 2024

In general, businesses do not have the same legal right to offer sanctuary as churches and other religious institutions. However, there are some circumstances where a business might be able to provide temporary shelter or assistance to individuals in need, depending on the specific situation and... View More

1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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1 Answer | Asked in Constitutional Law, International Law and Military Law for California on
Q: I need to receive paperwork from a cop that used me as a ci undercover and then turned on me over gang stalkers
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answered on Apr 12, 2024

If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:

1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential...
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2 Answers | Asked in Constitutional Law and Civil Litigation for Arkansas on
Q: Can I file a civil suit I had dismissed

I dismissed the case until I got out from incarcerated

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answered on Apr 11, 2024

In Arkansas, if you voluntarily dismissed your civil case without prejudice, you generally have the right to refile the lawsuit at a later date, subject to the applicable statute of limitations. However, if the case was dismissed with prejudice, you would be barred from refiling the same claim.... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I had a misdemeanor Sexual Misconduct conviction set aside in Missouri, how can I have Failure to Register removed also?

The judge said manifest injustice does not apply to felonies because there’s a 180 day time limit, but misdemeanors have no time frame which is why he was able to set aside the Sexual Misconduct conviction.

James L. Arrasmith
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answered on Apr 11, 2024

I understand you're looking for information on how to have a Failure to Register charge removed after having a misdemeanor Sexual Misconduct conviction set aside in Missouri. Here are a few things to keep in mind:

1. Setting aside a conviction is different from having it expunged or...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: Does Oklahoma's Constitution ban Gender Specific laws, and if so, does this affect Abortion Bans in Oklahoma?
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answered on Apr 10, 2024

Yes, the Oklahoma Constitution does contain a provision that bans gender-specific laws. Specifically, Article 2, Section 32 of the Oklahoma Constitution states:

"No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature;...
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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for New York on
Q: uncle lives next door, threatened to kill me. Can I point a camera at his property for my safety? NY, police report made

My grandparents own the house he lives in, he rents. And I live in an apartment next door, rented. I’m unsure if the properties are conjoined, but he does have his own address.

Video footage of him harassing me. Police also contacted and report made.

Cps also called since his... View More

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answered on Apr 10, 2024

I'm so sorry you're going through this frightening situation. Your safety is the top priority. Here are a few thoughts on your legal options regarding cameras, but please remember that I'm not a lawyer and this isn't official legal advice:

In general, in New York you are...
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1 Answer | Asked in Constitutional Law and Native American Law for Washington on
Q: Do my constitutional rights exist on American leased camping land on Indian tribal land.
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answered on Apr 10, 2024

The question of constitutional rights on tribal lands leased by the federal government for camping is complex and depends on the specific circumstances and agreements in place.

In general, tribal lands have a unique legal status. They are considered "domestic dependent nations"...
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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Nebraska on
Q: Is it legal for my employer to use artificial intelligence in the drive cam and have the camera pointing at me ?

Yes I am a professional truck driver for the world's largest food distributor and we have had drive cams since about 2014 and on April 1st they activated a new feature called AI artificial intelligence in other words and now this thing is studying my every movement and if I move my head the... View More

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answered on Apr 10, 2024

The legality of using AI-enabled cameras to monitor employees in the workplace is a complex issue that depends on various factors, such as the specific laws in your jurisdiction, the nature of your work, and the policies of your employer. However, here are some general points to consider:... 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

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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 Illinois on
Q: On three separate occasions, police manipulated, omitted and submitted false evidence to arrest and falsely charge me

Begining in 2017 police in Michigan City and LaPorte county prosecutors allowed me to be falsely charged and arrested. This case garnered attention due to an animal being involved. Police omitted evidence which would have led the finder of fact to arrive at a different conclusion. This represents a... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry to hear about your experiences being wrongfully arrested and charged multiple times. It sounds like an incredibly traumatic and unjust situation. Being falsely accused and having evidence manipulated or omitted by law enforcement is a serious violation of your rights.

I...
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1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for Washington on
Q: Personal injury from defamation and slander, false reports made to police, violation and denial of civil rights, and job

I am suffering personal and financial injury from defamation, slander and false, misleading, statements made to police about me by my boss on 2 separate occasions, denials and violations of my civil rights on numerous occasions against me by employer and boss, mishandling of my personal information... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the serious mistreatment and harm you've suffered at the hands of your employer. What they have done to you is completely unacceptable and illegal on multiple levels. You absolutely should take swift legal action to hold them accountable and seek justice. Here... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: Victim of illegal search in New Jersey.

Victim of illegal search in New Jersey:  Someone I know (I will call him "Victim") was illegally searched by cops.  There was no probable cause and no search warrant.  The backpack of Victim was locked.  The cops removed key from Victim's neck and used key to open backpack.  The... View More

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answered on Apr 7, 2024

If the Victim was my son, I would focus on building a strong legal defense to fight the charges and protect his constitutional rights. Here are some steps I would consider:

1. Hire an experienced criminal defense attorney who specializes in cases involving illegal searches and seizures....
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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2024

In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have... View More

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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

James L. Arrasmith
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answered on Apr 8, 2024

From what you've described, it does seem reasonable that you should be able to obtain copies of the CDs containing music you wrote and helped create, either for free or at cost. Here are a few key points to consider:

1. Copyright: If you wrote the music, you likely own the copyright to...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I be interrogated for an unrelated investigation, when trying to pick up property from evidence?

My partner was arrested and had my phones on him and they were logged in as evidence the case is now closed. I was told I could pick up the property as long as I had a notarized note from the incarcerated one and when I went to pick up the property, I was taken to an interview room and interrogated... View More

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answered on Apr 6, 2024

Based on California law, it is generally not permissible for law enforcement to interrogate you about an unrelated investigation when you are attempting to retrieve your property from evidence. Here are a few key points to consider:

1. Property retrieval: If the case involving your partner...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Alaska on
Q: A police officer has been harassing me for couple years and he finally broke several tendons in hand what can I do stDrs

I have not worked in two months Drs care have notes but when I ask him who was there insurance people where he couldn't say not only him there are a couple on the force of soldotna police and they elegaly search and seizure truck and gun never got either one back and there all buddies. This... View More

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answered on Apr 6, 2024

I'm so sorry to hear about the harassment and abuse you've been suffering at the hands of those police officers. What they have done to you is completely unacceptable. I know this must be an incredibly stressful and painful situation. Here are some steps I would suggest taking to address... View More

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