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Idaho Civil Rights Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Idaho on
Q: I owned a manufactured home but rented space what can I do if ex landlord did repairs, listed my home for sale, and sold

My home for 75000 with it still in my name. Prior to this I had it sold until landlord interfered and realtor eventually had to pull away because of his interface and she became scared of him and I have emails stating this. What can I do ? Cuz no one in my small town will help me.

Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

Let me make sure I understand your facts:

1. You owned a manufactured home and leased the land underneath it?

2. You offered to sell your M home but the ex landlord interfered with the sale of it and now the realtor you had won't list your property because she is now afraid...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: How long can police keep phone as evidence?

I got pulled over driving with suspended

Police ran a drug dog and it hit on passenger said, they searched and nothing (known ex dealer) I had both my babies in car . They then took me to jail and book and release only to return to my car and no phone, no idea what was taken, no clue they... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 1, 2021

Police can legally hold "evidence of a crime," for a long as it takes for them to prosecute the passenger and convict him AND for his appeal time (42 days) to run. After that, it should just take a phone call to the Sheriff's Property Locker, for you to retrieve your phone. Be... View More

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Rights and Insurance Defense for Idaho on
Q: I am having major issues with the idaho dol And am looking for representation. How do I get representation?

No one responds. No one will help. There are hundreds that that need help and no one gets back to us.

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2021

An Idaho attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal - one option could be to search for attorneys online, or you could use the Find-a-Lawyer tab above. Your post covers a number of different categories, but you mention the Department... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtai

Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtain a search warrant? Can a police officer just tell a judge that he believes illegal activity is going on at so and so's residence with no basis or evidence for probable cause?

Kevin M Rogers
Kevin M Rogers
answered on Jun 18, 2021

Yes you have the absolute right to know exactly what the police had given the judge before asking the judge to issue a search warrant. Your lawyer will make a Request for Discovery to the State. The State will send your lawyer the Affidavit of Probable Cause, which was typed up and given to the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Idaho on
Q: Can a police officer contact my me before court after my arrest and can he pass the evidence to pedestrians after found.

Also was made to urinate in public after I told officer it made me uncomfortable then he watched me pee after he’d already searched me but said it was to make sure I didn’t try to get rid of anything.

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

Hi, I'm sure someone else will probably ask you to clarify your question, but let me first ask you to ask it more clearly please? IF I understand your question, you said that you were arrested? For what were you arrested? In a car? Park? While walking?

Second question:...
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1 Answer | Asked in Civil Rights and Criminal Law for Idaho on
Q: If the police have a hold on the vehicle for evidence who pays for the storage fees?
Kevin M Rogers
Kevin M Rogers
answered on Jan 21, 2021

You do, my friend.

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Idaho on
Q: Gun rights and other rights for convicted felons. I was convicted of a felony dui in 2011. I was released from probation

In 2017. According to state law 18-301 these rights should have been restored after my successful probation. a post-conviction restoration of civil rights under State law. In accordance with 18 U.S.C. § 921(a)(20), a conviction does not disqualify an individual from possessing firearms if the... View More

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

I completely agree.

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... View 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... View 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... View 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... View 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”... View 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... View 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... View 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... View 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 Estate Planning, Foreclosure, Civil Litigation and Civil Rights for Idaho on
Q: Can you donate your property to a charitable organization in the state of Idaho after the foreclosure process has begun?
Nina Whitehurst
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answered on Aug 19, 2019

You can, but the lender can still foreclose.

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... View 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... View 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?

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