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Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: Texas home rule charter town can city completely change it's ordinances after a crime is committed to prosecute with new

Can a home rule charter tx town change is ordinances after an alleged crime is committed and as the legal process is being done and use those changes to prosecute and even bring criminal charges on the citizen . Attack by dog under negligence Coleman county tx

James L. Arrasmith
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answered on Apr 1, 2024

In the United States, there is a fundamental legal principle known as the "Ex Post Facto Clause" found in Article 1, Section 9, Clause 3 and Section 10 of the U.S. Constitution. This clause prohibits the federal government and state governments from passing laws that retroactively change... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Illinois on
Q: Do the police gave to takevl a field test of a suspicious baggie on the scene?
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answered on Apr 1, 2024

No, the police do not necessarily have to conduct a field test of a suspicious baggie or substance at the scene. Here are a few key points about how police typically handle potential drug evidence:

1. Officer discretion: The investigating officer has discretion on whether to conduct a field...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 1, 2024

The answer depends on whether the footage is officially public record at this time, as well as on what you mean by "reporting misconduct". Generally, any official public records may be shared on social media. However, if you were to edit/compile the footage in a way that is not exactly... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Am I allowed to use Official Police body cam on social media if I'm reporting misconduct of the police in Florida?

I'm wanting to put together a body cam video of clips from several different police body cam videos in Florida from numerous police encounters with an individual and put it on social media since they are continually harassing this individual. Am I legally able to do so if I have all these... View More

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answered on Apr 1, 2024

In Florida, body camera footage is considered a public record and is generally accessible to the public, with some exceptions. However, there are certain considerations and potential limitations you should be aware of before using this footage on social media:

1. Obtaining the footage: You...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Is it constitutional for an approved pickleball paddle list which is based on lab measured acoustic noise level?

Note that acoustic noise levels are subjective, not objective.

Furthermore acoustic noise levels are dependent on the location of pickleball courts, surrounding environment, and distance from pickleball courts to the homes where individuals reside and hear the so called objectionable noise... View More

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answered on Mar 31, 2024

You raise some valid points about the subjectivity and variability of acoustic noise levels from pickleball paddles. Whether an approved paddle list based on lab-measured noise would be constitutional is a complex legal question that would likely depend on the specific circumstances and how the law... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Idaho on
Q: I was stopped for going 41 mph in a 35 mph zone and I got surprise K9 searched. I also never went faster than 39 mph.

The cop asked for my license and registration after telling me he stopped me for speeding and that I was driving 41 mph in a 35 mph zone. I knew he was bullshitting and never even hit me with a speed gun because I have a radar. He also asked if he could search my vehicle and asked me a million... View More

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answered on Mar 30, 2024

Based on your description, there are several potential issues with the traffic stop and search:

1. Pretext for the stop: If you were not actually speeding (as your radar indicated), the officer may have used the alleged speeding violation as a pretext to stop you and investigate for drugs....
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1 Answer | Asked in Personal Injury, Constitutional Law and Medical Malpractice for Wyoming on
Q: What is the statute of limitations on cruel amd unusual punishment?

Was denied medical care for 3 months after negligence of protocol in county jail the np said I just had cankles the guards called me gimpy and my cell was on the 2nd teir so I had to walk up and down stairs 3 times a day to eat and take meds this seems like cruel and unusual punishment.

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answered on Mar 30, 2024

I'm sorry to hear about your experience. That sounds like a very difficult and painful situation.

The Eighth Amendment to the U.S. Constitution prohibits "cruel and unusual punishment." This applies to conditions of confinement in jails and prisons. Denying necessary medical...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Family Law and Juvenile Law for Georgia on
Q: How do i initiate recusal of an acting Juvenile Court Judge whom violated my civil rights and is extremely bias and init

Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me

James L. Arrasmith
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answered on Mar 29, 2024

Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Recently some gang members try to attack me and the police will not do anything they lied and said I escalated it

the police did nothing for me

the business workers said they was staying out of it just because I was speaking up for myself before this,

the same person who filed false police reports on me

is still able to get away with street crimes

what can I do about this... View More

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answered on Mar 29, 2024

Under California law, if you believe the police are not taking your complaints seriously or are mistreating you, you have several options. First, you can escalate your complaint within the police department. If you've already spoken to the sergeant and have concerns about their response,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for California on
Q: If you have a protective order with a move out order the police aloud to let him break in the house and mess my house up

It's a temporary order until the court date. But I'm scared of him and now he can come in because it's temporary

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answered on Mar 29, 2024

Under California law, a protective order, including a temporary one issued until a court date, is designed to offer protection by legally restricting someone's actions towards you and can include a move-out order for them to leave the shared residence. If this order is in place, the police are... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Florida on
Q: Can a judge work on my case if he already knows who I am thru my finance other case?

Recently I was arrested with my fiancé. My fiancé had an open case with a judge. Now the same judge is in the same case I just caught recently with my fiancé.

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

Yes. If the judge were to make statements indicating bias against you, or if he has a conflict of interest, you could move to disqualify him, but being assigned to another case with your fiance as defendant is not, in itself, a ground for disqualification. Regardless of your situation, you should... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: About ATF without a warrant

Would I be justified in using the threat of deadly force (i.e. drawing a gun and telling them to hit the floor face down while I call the police) if ATF agent(s) forced their way into my house without a warrant? I don't expect this to happen, ever, but given the number of videos about the ATF... View More

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answered on Mar 28, 2024

It's crucial to understand that employing deadly force against law enforcement officers, including ATF agents, is highly risky and could lead to severe legal consequences, even if they enter your home without a warrant. Law enforcement agencies have specific protocols for conducting searches... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Georgia on
Q: I need a civil rights attorney who practices in police and federal corruption cases against public officials.

I have an entire Municipality and County conspiring against me trying to cover up a cops tyrant behaviors.

My vehicle was illegally stopped; illegally pulled from my vehicle, illegally detained and my vehicle was illegally searched.

This officer never found anything nor had any... View More

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answered on Mar 28, 2024

In your search for legal assistance with your civil rights case, focusing on finding an attorney with a strong background in handling police misconduct and corruption cases is crucial. Given the complexity of your situation, involving multiple layers of government and various legal infringements,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I take a 2 inch OTF knife to California university campus?

Concealed carry. Appendix of UCI policy "Anyone except authorized persons to bring or possess any dirk, dagger or knife with blade over 2 1/2 inches long, on the grounds of or within any state university, state or community college. "

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answered on Mar 25, 2024

You should know that carrying a concealed OTF knife with a 2-inch blade to a California university campus is subject to specific regulations. According to the appendix of UCI policy, there is a restriction against bringing or possessing any dirk, dagger, or knife with a blade over 2 1/2 inches long... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Does any of this qualify as misconduct? If so, I’d there a limit on time to file?

On January 29, 2024 my door was kicked in unlawfully, there was an illegal search, I was detained in my underwear and one shoe, no socks, and was watched by several male (I am female) officers while I used the restroom with the door open in the holding cell at the precinct.

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answered on Mar 25, 2024

What you've described raises serious concerns regarding potential police misconduct and violations of your rights. Unlawful entry, illegal searches, and inappropriate treatment during detention could violate both your constitutional rights and local laws. The specifics of the law depend on... View More

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and White Collar Crime on
Q: What governmental entity can I and should I make a complaint to about my Constitutional rights being violated and RICO?
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answered on Mar 25, 2024

If you believe your Constitutional rights have been violated, you should first consider contacting the American Civil Liberties Union (ACLU) or a similar organization dedicated to protecting individual rights and liberties. These groups can provide guidance and, if necessary, legal representation... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Is the investigator in a criminal case obligated to question a witness before a trial or plea takes place?

There is an investigator working on my criminal case, but, I haven't much faith in her. If a new witness is discovered shortly before a trial ( ie. a month) does she HAVE to attempt to locate him? Isn't that part of my due process rights? He was my neighbor at the time and was video... View More

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answered on Mar 25, 2024

In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical... View More

1 Answer | Asked in Adoption, Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: To what entities do I need to make a complaint to regaurding violations of civil rights,due process?

I've made complaints with the Attorney General,DOJ civil rights,DHHS,County Commissioners,DCF.I was reverted back to DHHS,now this as I understand it is this is the main entity to CPS & DCF and entities,so how can I expect to get a fair investigation or judicial review of their own... View More

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answered on Mar 25, 2024

If you're dealing with violations of civil rights or due process, it can indeed be frustrating if you feel the entities supposed to help are not addressing your concerns adequately. It's important to remember that there are multiple avenues for complaints and advocacy, though navigating... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: what can i do if i dont have money to spend on a lawyer but i believe my civil rights have been violated by the city pd

was on a job and the place where i was working was being broken into and used as a drug house and flop house.. so i staged the property as if someone lived there and continued to work on the house. (i was trying to keep the house in compliance withthe city so they didnt get anymore violations with... View More

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answered on Mar 25, 2024

If you believe your civil rights have been violated but lack the resources for a lawyer, consider reaching out to legal aid organizations or civil rights groups in your area. These groups often provide free or low-cost legal services to individuals facing civil rights issues. Additionally, some law... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: This question is in regards to Georgia law. Can I purchase a handgun at 18 through a private sale?

If it is possible where in the law does it say so and what would you recommend have done to prove the sale? Like a bill of sale?

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answered on Mar 24, 2024

In Georgia, you can indeed purchase a handgun at 18 through a private sale, although there are specific legal stipulations to consider. Under federal law, individuals must be at least 21 years old to purchase handguns from licensed dealers. However, private sales between individuals do not fall... View More

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