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Idaho Civil Rights Questions & Answers
1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Idaho on
Q: Can I be pulled over driving in the bus lane on a sunday night when there are no buses out.
Tim Akpinar
Tim Akpinar answered on Sep 22, 2020

An Idaho attorney would know this best, but your post remains open for two weeks. As a general matter, you could check the signage. As a GENERAL matter, bus lanes sometimes have times during which the restrictions to regular vehicles apply. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Civil Rights for Idaho on
Q: A no trespass was put on me since then I've been invited over several times.has this no trespass been abolished?

It was placed on me by a girl friend who resides at the home with her mom.who both take care of the home owned by a mutual friend.mom is 57 girl friend 37.bannock county,

Kevin M Rogers
Kevin M Rogers answered on Sep 6, 2020

You're an invited guest. Your "permission" my be fluid, so don't push it. There's no such thing as abolishing permission revoked. It may be given and taken away fluidly. Be careful!

1 Answer | Asked in Civil Rights for Idaho on
Q: My husband is in the Bingham County Jail in Blackfoot Idaho he is an illegal immigrant he has been served with papers

with a notice of service of interrogatories and request for production and request for admissions for his money in the amount of $20,100 he is unable to read English and send me the papers but by the time I got it the 30 days have been passed can we appeal this decision and how? Is it unfair... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 1, 2020

Yes, you can call the person whose name is on the notice you received. Ask them for additional time. They should grant you additional time to fill out the Interrogatories to him. They will typically request a "fee" of a percentage or a dollar amount in order to allow your husband to... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Passenger is free to go, but then the officer comes back and requests a search of the subject. See more info for specifc

If a passenger is told he is free to go given the key to the vehicle as the driver is under arrest, after a traffic stop, then the officer comes back and asks before the subject leaves if he can search the subject. The subject gives consent to do a “terry pat” (Pat in outside of clothing for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 28, 2020

Hello, make sure you correct me if I summarize the facts wrong. So, the passenger is told by police that he is free to leave because the driver is being detained? The passenger then doesn't leave? Why not? Did the officer run up to the window and say, "hey, I want to search you or... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Can a passengers rights to a “terry Pat” be denied if driver is found with illegal substance on their person’s?

Police pulled over a vehicle with 2 individuals, the driver of the vehicles was detained on driving with out a license. A drug dog ran the car 3 times with no hit. The police told the passenger he was free to go, but then asked if they could search the passenger, passenger states a “terry pat”... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 28, 2020

Kind of a weird answer for the passenger to give the cop I'd say, but I would definitely file a Motion to Suppress anything found on the passenger since the cop went ahead and denied a

"Terry" pat down and went ahead with a full-blown search without probable cause.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Idaho on
Q: I was evicted from my grandmother's house without a written. I have a 3000$ dog I wasn't able to take so my family gave

Him Away without my consent or anything. I have all the papers on him and proof. The person that has him is trying to charge me a fee for taking care of him and stuff. Is there anything I can do?

Kevin M Rogers
Kevin M Rogers answered on Jul 16, 2020

You were staying with your grandmother, right? You brought your $3,000 dog with you, right? You did something that caused your grandmother to 86 you, right? But you didn't take your dog. Now grandma is going to feed and water your dog FOR FREE? I don't see that happening. It was... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and DUI / DWI for Idaho on
Q: DUI and Injury to child Dismissed with prej. my kids taken 3 times license 2 times cps got involved police said immenant

Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Idaho on
Q: In the state of idaho can a minor of age 16 apply for court emancipation?
Kevin M Rogers
Kevin M Rogers answered on May 3, 2020

Yes. She will need to convince the Court that she has some place to live and some way to support herself and that she’s either got wheels and insurance OR good bus service wherever she (or her baby) needs to go!

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Can someone explain 18 U.S. Code § 2385. To me

What I mean is how can the government get away with this isn't this a huge first amendment violation.

Kevin M Rogers
Kevin M Rogers answered on Apr 16, 2020

The code section is well written and easily understood (to me). What specifically do you not understand?

1 Answer | Asked in Animal / Dog Law and Civil Rights for Idaho on
Q: If someone comes uninvited onto my property and let's out my dogs, can I hold them responsible for any damages?

I live in a trailer court that only allows a four foot chain link fence. It is accessible by anyone walking on the sidewalk. I am confident that someone opened my fence on purpose to allow my dogs to get out. While they were out, they killed a neighbors rabbits and although the neighbors... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 16, 2019

Your defense is not good unfortunately. Short of getting a signed confession rom the person who lifted the bar that allowed the dogs to escape, I’m afraid that you’re absolutely 100% liable.

1 Answer | Asked in Civil Rights and Constitutional Law for Idaho on
Q: I have been a victim of police-involved sexual misconduct. Do to this happening I have also been retaliated against.

My civil rights were violated when I was illegally searched and arrested. The officer busted my car window out, cut seatbelt off of me with a knife and extracted me out of my car. He and another officer searched inside my pants pockets, my car (including truck & glove compartment). The... Read more »

John Bulger
John Bulger answered on Oct 29, 2018

More information is needed to answer your question. You should contact an attorney to see what your options are.

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Can I press charges for my ex choking me if I don’t have any pictures but do have his confession on text?
Kevin M Rogers
Kevin M Rogers answered on Oct 8, 2018

Of course you can. That is, if the officer you reported this to takes your report and immediately forwards this to the Asst. DA. Photos are only one part of a criminal prosecution. But without photos it will be much more difficult to obtain a conviction. Why didn’t you get any photographs?

1 Answer | Asked in Child Custody and Civil Rights for Idaho on
Q: Will taking my ex to court for full while he is away make me look bad?

My ex husband and I have been divorced for over 4 years. But the metal and verbal abused has been still going strong. He has a new girlfriend in the picture and lately he has been trying to give her power of attorney over our kids because he doesn't want me to have them. Even though his being... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 22, 2018

In order to get full custody, or any change in previous orders for custody you must show the Court that since the time of the last order there have been changes in you, in the father, in the amount of time each spends with the children, violence etc. and those changes in circumstances have to be... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Communications Law for Idaho on
Q: Someone has texted me calling me very horrible foul names and has degraded my character and who i am as a person..

This person has attacked my character by texting me hateful things about who i am as a person and falsely accused me of harrassment and did not show up to court when i did to prove my innocence.. i have felt violated and humiliated and attacked.. What can i do about this? It has affected me... Read more »

Kevin M Rogers
Kevin M Rogers answered on May 15, 2018

The person who texted you is welcome to say what they think about you, once. They don't commit a crime unless they text you again after texting them to "NEVER TEXT ME AGAIN." If they text you again, they have committed the crime of "disturbing the peace," Idaho Code... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Idaho on
Q: My girlfriends p.o. wants me to take urinary anylisis even though I am not on probation. What are my options?

My girlfriend is on YAC. Which is young adult court. Me and her live together and have been for awhile now. Her p.o. found out I wasn't staying clean because he made her take a lie detector test. Now he wants me to come in and take UAS (urinary anylisis). I am not on probation nor am I in any... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Aug 21, 2015

Your options are very clear from your question.

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