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Florida Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Florida on
Q: Is chalking the sidewalk illegal?

Whether it's kids playing hop scotch or an adult expressing their views as freedom of speech, is it illegal to use chalk on the sidewalk? If so, then what's the state statute that specifically says that it's illegal.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 17, 2017

I don't know of any such state statute. If you are charged with a crime for doing so, your citation will refer to the specific statute or local ordinance you are charged with violating.

1 Answer | Asked in Constitutional Law and Criminal Law for Florida on
Q: The affidavit for a search of my house mentioned nothing about ammunition.

I am a convicted felon however I did not know they were there. I don't own or possess a gun. They weren't in plain sight because I would not have them in my house. Wouldn't they have to be excluded since it wasn't what they were allowed to search for being there was no mention... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2017

It would depend upon what it was for which the warrant authorized them to search and where they found the ammunition. If, for example, they were authorized to search for something small, like drugs or a handgun, they searched a drawer, and found the ammo in the drawer, that would be admissible.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: Can police seize a car that's not the drivers? Car is mine an I'm in Florida.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 3, 2017

They can seize it for any number of reasons. If you want it back, you might have to pay impound fees, etc., but depending on the circumstances of the seizure, you can probably get it back.

1 Answer | Asked in Civil Rights, Constitutional Law, Land Use & Zoning and Real Estate Law for Florida on
Q: I live in a mobile home park and our house *trailer* is almost paid off. So i have an issue.

I live in a mobile home park and our house *trailer* is almost paid off. So i have a untagged motorcycle thats has exhaust issues and is loud and ive been riding it fast around the park (i know im wrong and im okay with not doing it). So the manager here is giving us notices about my motorcycle not... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 27, 2017

It does appear that you may be singled out. However, there is no way for me to know how or why. Sounds like you already decided that it is best to not ride the motorcycle around unless you get a muffler that will dramatically reduce the sound.

1 Answer | Asked in Civil Litigation and Constitutional Law for Florida on
Q: Why would a district court judge delay an IFP motion, and order servoce to be made by plaintiff after over 4 mo.

I have an IFP motion pending since 1-6-17, and the mag judge still hasnt adressed it. Tbe dist. Judge ordered service to be made by plaintiff, if I had money to throw around, I would have paid it to avoid this ifp circus tricks they seem to be pulling, what could be going on?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 24, 2017

There is not enough information here to give any advice. It does sound like there is more to the story than you listed here. I suggest that you speak with an attorney and get specific advice after the attorney looks at the history of you case.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Hello, I live in Florida. Was this stop and frisk situation legal?

I was traversing the mall parking lot when I stopped and knelt down to tie my shoe in between two vehicles. Seconds later, after finishing, I stood back up and continued walking to my house. I then saw a police officer turn around and start heading back toward me. Upon reaching me, he asked me to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 23, 2017

If something incriminating was found, you should ask an attorney in your area who has extensive experience in criminal law.

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Florida on
Q: How can I go about removing my husband from our house legally

I'm married and have four kids. My husbands a drunk, lately this problem has been getting worse. I need to be able to legally keep him out of the house and away from my kids.

John Arthur Smitten
John Arthur Smitten
answered on Dec 27, 2016

Get a restraining order if he is making threats. Hire a lawyer.

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Juvenile Law for Florida on
Q: My mom recently,just kicked me out the house.Im 17 years old.Its been 4 days since.If she says come home, do I have to?

I will be 18 in about 2 weeks . It's been 4 days and 5 nights of being kicked out , since she said she doesn't care about me anymore . I will soon be moving in with my grandma , but wasn't for sure if I HAVE to come home if she demands it .....?

John Arthur Smitten
John Arthur Smitten
answered on Dec 21, 2016

When you are 18 you can do what you want, you are legally an adult.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Florida on
Q: Is there any advice you would give to a pro se litigant, as plaintiff in a 1983/bivens action in district Court?

My case has hopefully been docketed and I'm nervous about litigation and what to say/do... Or not?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 20, 2016

This question is too general to allow for anything meaningful by way of a response, other than suggesting that you consult with an attorney familiar with such litigation.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: On the Florida Voters registration form; How do I protect and defend the Constitution of the United States?

Constitution of the United States and Constitution of the State of Florida. Located on Florida's Voters registration form. This oath that I am affirming or swearing to; What are the ramifications of it? As a Citizen what am I required to do and how do I do it?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 13, 2016

Very good question. An oath like this is required of public officers. As a practical matter, I don't think this means much in terms of a voter's positive duties. But be sure to be familiar with the state and federal constitutions so that you will know when someone, particularly someone... View More

2 Answers | Asked in Constitutional Law for Florida on
Q: If Hillary wins the election and then gets indicted. Does Obama stay in office?? Who becomes the new president?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 31, 2016

Before she could be removed from office, she would first have to be impeached by the House of Representatives (as her husband was), and then convicted by the Senate (as President Bill Clinton was not). If that would occur, the vice president (Tim Kayne in your hypothetical scenario) would take the... View More

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2 Answers | Asked in Constitutional Law for Florida on
Q: Does the banning of ammunition infringe the rights held by Americans granted to them in the 2nd Amendment?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2016

Depends upon the details of the ban. Who is banning it, is sale or possession banned? Is the ban limited in scope somehow?

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for Florida on
Q: How Do I Discredit A Lead Detective On Lack of Investigation In A Armed Robbery Case?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Sep 21, 2016

Impossible to outline on the internet. You retain a lawyer who knows how or check trial/evidence books out of the library and learn in the dozens of hours it will take to do.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Florida on
Q: Photo lineup Was Tainted How Do I Get It Suppress

Anonymous Person Show Victim Photos & Video of defendant But Never Give The Police A Description of the defendant but pick him out of a line up

Paul Stanko
Paul Stanko
answered on Sep 18, 2016

"You" don't. Your lawyer can file a motion to suppress based upon a suggestive photo array or lineup. Fourth amendment litigation is not a field in which lay persons can expect to succeed.

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for Florida on
Q: Why is it OK to charge me more as a female for car insurance isn't this gender discrimination
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

Insurance rates are based on trends. Younger vs older, male vs. female, race, income level etc.

1 Answer | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Florida on
Q: Is it leagal for a passenger of a vehicle to be searched for a traffic stop

Car was pulled over for speeding by being paced? Passenger was patted down & then arrested for trafficing methanfedamens. Driver recived written warning for 3 miles over

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

Yes the passenger can be searched if the police have reasonable suspicion passenger committed a crime or has something illegal on them. He should retain a lawyer ASAP.

1 Answer | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Florida on
Q: Is it leagal for a passenger of a vehicle to be searched for a traffic stop

Car was pulled over for speeding by being paced? Passenger was patted down & then arrested for trafficing methanfedamens. Driver recived written warning for 3 miles over

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

Yes if police have a reasonable suspicion that passenger had something illegal on him passenger can be searched.

1 Answer | Asked in Constitutional Law for Florida on
Q: Did police violate my rights?

I was caught with weed at a house party. I was honest with the officer and told her I had weed and turned it over. I was charged with drug possession and drug paraphernalia. Apparently the officer knew the owners of the apartment and at one point told me "if they lose their apartment I will... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 22, 2016

Not that I can see. You apparently admitted you were in possession of the drug and drug paraphernalia. You don't indicate that the officer used force or otherwise inappropriately "forced" you to make a statement. And you didn't have the "right" to drive your friend home.

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Where to find a lawyer and what type of lawyer for a constitutional tort/ Biven action.
Marshall Jason Ray
Marshall Jason Ray
answered on Apr 26, 2016

You are looking for a lawyer that does plaintiff civil rights work. There are likely lawyers with profiles on this website that perform this type of work in your state. You can contact them directly to set up a private consultation.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Divorce and Family Law for Florida on
Q: Can I file motion for holding Status Conference again, if I have missed it earlier ?

I missed my Status Conference in dissolution of marriage ( divorce ) case, as I was not given any Notice. What to do next ? I don't know what happened at that conference. Hence, I want to file motion for holding Status Conference again. Can I do that ? Which number of family law rule of... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 28, 2015

You need to get a family attorney on your side to clean up this mess.

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