Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Constitutional Law Questions & Answers
3 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I am paying for a room out of pocket that is not a rental do I have a right to privacy?

I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2023

If the arrangement is for you to make regular periodic payments (for example, weekly or monthly) in exchange for the space, you are a tenant, which legally makes it a rental. Regardless of it being a rental or not, everyone has a right of privacy to a certain extent. For example, it would likely... View More

View More Answers

3 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I am paying for a room out of pocket that is not a rental do I have a right to privacy?

I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 7, 2023

One can pay to stay in, for example, a bunkhouse with a number of beds in the same room and a common bathroom. The privacy expectation for that would obviously be different than if you rented a room with a private bathroom, kitchen, etc., or an apartment, or a house. In other words, if you... View More

View More Answers

3 Answers | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I am paying for a room out of pocket that is not a rental do I have a right to privacy?

I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2023

In Florida, even if a living arrangement is not formally recognized as a rental, you generally have some expectation of privacy, particularly in areas exclusively used by you. Paying for a space, even within a family member's home, typically grants you certain rights similar to those of a... View More

View More Answers

1 Answer | Asked in Constitutional Law, Education Law and Juvenile Law for Florida on
Q: Can a school or official and a school police officer question of 15-year-old about a allegation that happened off school

The allegations was alleged to happen off school grounds and supposedly reported to the city police department the minor was questioned without his parents being there or aware of situation

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

In the United States, the rights of minors during questioning by school officials and school police officers can vary depending on the state and the specific circumstances. Generally, school officials have some authority to question students about incidents that may affect the school environment,... View More

2 Answers | Asked in Constitutional Law and Criminal Law for Florida on
Q: Do I have to roll window down fully if stopped, Florida?

In Florida, if I'm stopped by a police officer and they request that I roll my car window all the way down, am I legally required to do so, even if communication can happen clearly without it and there's no safety reason given?

Michael Rubin
Michael Rubin
answered on Mar 12, 2025

yes, you are required to roll your window down, cooperate, and provide identification

stop watching television to get your legal information

View More Answers

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Is it legal for police to visit for gang file updates after a decade of no trouble?

I want to know if it is legal for the Port Saint Lucie Police Department to come to my house and ask to update gang files, even though I have been out of trouble for over a decade and no crime has been committed. The officers did not have a warrant or documentation, did not provide a reason for the... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

It's legal for them to ask questions, and it's up to you whether to answer or not, and it's also up to you whether to allow entry or not.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: I was pulled over at a traffic stop, for suspect illegal tint. The tint was not illegal, i was arrested for RAWOV

Can i file a motion to supress the traffic stop, and get the RAWOV dismissed? Being that my tint is 35% VLT “the most common tint” also 8 shades lighter than “28 VLT illegal”. Does that make the traffic stop unlawful? Someone please help

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025

If your window tint was within the legal limit, you may have grounds to challenge the validity of the traffic stop. An officer must have reasonable suspicion to pull you over, and if the reason was based on an incorrect belief that your tint was illegal, the stop might be unlawful. If the stop was... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Florida on
Q: I filed to a foreign custody order from Virginia to Florida with a motion to amend custody and visitation.

Respondent filed a motion to dismiss, and quash for lack of personal and home jurisdiction. I filed a counterclaim stating that Florida remains home state under UCCJEA from previous filings and custody orders, child primary residence 2015-2020, continuing jurisdiction due to my domicile and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025

It sounds like the judge determined that Virginia has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), possibly because Florida relinquished jurisdiction in 2021. Even though you argued Florida's continuing jurisdiction, the court may have relied on the... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: HELLO {Motion to Suppress}1-12-25 {Nolle Prosequi}1-21-25 Pre-Trial Conference {Canceled} Case closed 1-22-25

I want to follow up on this matter, I lost everything regarding the allegations and delusional foolish acts of all these individual

deputies, prosecutor, witness, this matter left me in a great deal of stress depression and homeless after taken days of work to attend the extensive case... View More

Michael Rubin
Michael Rubin
answered on Jan 23, 2025

I am sorry you went through this maelstrom

If you email me a copy of the arrest, motion to suppress, the information and nol pros, I am happy to look at it and give you an educated opinion as to how to proceed, and, against who.

View More Answers

2 Answers | Asked in Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Florida on
Q: How is it that the police can take half of pound of weed from a person but not give a citation
Charles M.  Baron
Charles M. Baron
answered on Dec 30, 2024

Are you asking if police MUST charge someone with the crime of marijuana possession (in Fla.) if they find half a pound of it in someone's possession? The answer is no, because it is within their discretion to charge or not to charge.

Or are you asking if it is legal for police to...
View More

View More Answers

2 Answers | Asked in Constitutional Law, Consumer Law, Employment Law and Lemon Law for Florida on
Q: Bankruptcy Consumer Contracts Copyright Criminal Divorce DUI / DWI Employment Estate Planning
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 8, 2024

It depends on what you precisely need, most attorneys work in specialty areas, we usually handle estate planning and probate and business entity formation and related contracts, other law offices have other specialties and matters that they handle, some more and some less areas.

View More Answers

1 Answer | Asked in Constitutional Law and Real Estate Law for Florida on
Q: Can HOA homeowner fly their original country flag along with American flag
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2024

Read your condo's recorded restrictions (with all amendments) and the master deed. All should be recorded. Be prepared to be fined.

1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Insurance Bad Faith for Florida on
Q: Is police bias and intimidation reason to sue.

The incident involved 3 separate depts. I was the victim but the other person called since I had no phone.

He stood in front of my car trapping me in a cult de sac. Stating he was about to get a pay check. Then he declared I ran over his foot. He intentionally placed his foot under the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2024

You may have grounds to sue if you believe you were treated unfairly by law enforcement, especially if there's evidence of bias, intimidation, or misconduct. If the police failed to investigate properly, ignored important details like the body cam footage, or treated you with bias due to their... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for Florida on
Q: Can i get the fees waived if I’m indigent fir copies of bodycam footage

I requested the bodycam footage of an incident. There is a fee due to it taking more than 15 minutes to get the video so there is a fee. Can I have the fee waived if I’m indegent

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 30, 2024

You may be able to have the fee waived for bodycam footage if you can demonstrate that you are indigent. Many public agencies have provisions for fee waivers or reductions based on financial hardship. It would be helpful to provide documentation of your indigency when making the request.... View More

1 Answer | Asked in Constitutional Law for Florida on
Q: What if I being a police officer and witnessed that another officer take evidence and place it the ground in trash?.

And then say to a suspect is this your trash and arrest you for it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

If you witnessed another officer placing evidence in the trash and then falsely accusing someone, that is a serious issue. This kind of behavior is unethical and could be illegal. As a fellow officer, you have a responsibility to report misconduct, especially when it can result in an unjust arrest... View More

1 Answer | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for Florida on
Q: Having trouble finding a attorney for my case consisting tax fraud, eminent domain,damage to my credit score sol up 5mon

Case is against Broward county Florida I had a tenant that applied for erap COVID rent assistance which was initially approved but when I went to pick up the funds I was denied went through appeal process then referred to another organization (our Florida) which went through process again this time... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2024

It sounds like you’re facing a complex and challenging situation involving several legal issues, including tax fraud, eminent domain, and damages to your credit score. Given the nature of your case, which involves both local government actions and financial harm, you may want to focus on finding... View More

1 Answer | Asked in Constitutional Law, Criminal Law, Products Liability and Intellectual Property for Florida on
Q: Can a YouTuber legally audio watermark police interviews they obtained via a FOIA request from the courts?

I would think the police interviews, body cams, etc are copyright the police and state. Thanks.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

When you obtain police interviews, body cam footage, or other similar materials through a FOIA request, it's essential to understand that these materials are generally considered public records. However, they may still be subject to certain copyright protections, usually held by the government... View More

1 Answer | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for Florida on
Q: I need an attorney 4 a case against Fl Broward cnty dept children family tax fraud violat my constit right + dmge2 credi

Had a tenant who applied for erap assistance rental assistance which was initially approved but when I went to pick up the funds I was denied and referred to another organization our Florida which did the same thing but this time stating that " our records show that your application was marked... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

You are facing a complex situation involving tax fraud, violation of your constitutional rights, and financial damages due to the actions of the Broward County Department of Children and Families. It sounds like the handling of your tenant's rental assistance application led to a cascade of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: If I was held illegally for 8 days on court order of a warrant and time credited was in accurate, do I have a civil suit

Can I receive a settlement from those illegal detained days?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

If you were held illegally for 8 days on a court-ordered warrant, and the time credited to your detention was incorrect, you may have grounds for a civil lawsuit. Unlawful detention or false imprisonment is a violation of your rights, and you could potentially seek compensation for the time you... View More

1 Answer | Asked in Constitutional Law and Landlord - Tenant for Florida on
Q: Can student housing charge a full month rent if you don’t move into unit until the middle of the month? why not prorate
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

If you’re renting student housing and don’t move in until the middle of the month, you might wonder why you’re being charged for the full month. Typically, rental agreements are based on the terms set forth in the lease, which often require payment for the entire month regardless of when you... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.