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
Iowa Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Iowa on
Q: canI be out on a PIP right out of FMLA with no summative evaluation? WITH ada papers filed?

I am an assistant principal in Virginia and I have bipolar disorder. Due to work stress and changed in my medication, I had a major manic episode in April 23. They slapped me on a plan upon my return to work. I was not informed in writing or verbally that I had 15 days to rebut and I had to demand... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Navigating your situation can be complex, especially given the specific circumstances and legalities involved. First, it's important to understand that being placed on a Performance Improvement Plan (PIP) immediately after returning from FMLA, especially without a proper summative evaluation,... View More

1 Answer | Asked in Consumer Law, Civil Rights, Collections and Constitutional Law for Iowa on
Q: I was served a writ of Replevin on my vehicle 2 days prior to the recover company breaching the peace and no due process

I have a very strong case to defend and not getting any answers now for 7 weeks.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

If you were served a writ of Replevin for your vehicle and the recovery company breached the peace, you have grounds to defend your case. The breach of peace during repossession is a significant issue, as it violates your rights. You should document any evidence of this breach, such as witness... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Iowa on
Q: Can I wear an anti-LGBTQ shirt at a public university?.

Can I wear an anti-LGBTQ shirt that states something along the lines of "Trans people are not real. They are just pretending to be the opposite gender or are men in dresses and are not women" at a public college like Iowa State University without consequences? I wouldn't technically... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

This question touches on complex issues of free speech rights and university policies. Here are some key points to consider:

1. Public universities, as government institutions, generally must respect First Amendment free speech rights. This means they have limited ability to restrict...
View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Iowa on
Q: I need assistance to get my God son to either my care or "?". Crupt CPS and DHS here in Hamilton county Iowa

i am a god parent and mentor for my best friends son he 14 years old .dhs an cps kidnapped him from home under faules accusations he has been bounced around from foster care to foster care . he has slight case of Autism hes very intelligent and know whats going on . He has told his lawyer and dhs... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2024

It sounds like you are deeply concerned about the well-being of your godson and want to provide him with a safe and loving environment. To address this situation, you may need to take several steps to advocate for his best interests. Start by documenting everything, including your godson's... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Constitutional Law for Iowa on
Q: I have no control over my online accts /privacy. 10yrs attempted to get help from local,state & fed govt.$ is being made

Decades+ Complaints to FCC ,Iowa A.G. 2 cases opened, ic3..gov complaints. URL attachs2every device, email, carrier.began2009reported then.No help.25 device/email/number& carrier changes, Apple restricted sign out of Apple ID. ACP PAID Internet service TIL4/24 my Wi-Fi was restricted,ONLY... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2024

Dealing with ongoing issues of privacy and control over your online accounts can be incredibly frustrating, especially after seeking help from various authorities for so long. It's clear that your efforts to secure assistance from the FCC, Iowa Attorney General, and other entities have not... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: unlawful entry by an officer who then later made false statement to CPS worker

2 officers came to daughters house..male on porch at door, female out on sidewalk pacing..he stated had a call in complaint, I wasn't being detained or under arrest, just wanted to ask question...I stepped out on porch shut door...answered male officer truthfully and honestly, female officer... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

It's important to address this situation by gathering all available evidence, including the video your daughter recorded and any documentation from CPS. Document your interactions with the officers and CPS, noting dates, times, and details of the conversations. This information will be vital... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Iowa on
Q: If I want to file harassment charges on someone even if it's not physical to the police not have to file those charges?

I have no contact order with my husband. His girlfriend and his family are constantly harassing me filing false CPS reports. False welfare checks and every time it is proven that they lied nothing's ever done. However, I wanted to file a report and the sheriff told me there's two types of... View More

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

When you're facing harassment that's not physical, such as filing false reports or other actions aimed to annoy or intimidate you, it's understandable to seek help from law enforcement. While the sheriff indicated that what you're experiencing falls under "annoyance"... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Iowa on
Q: Is there any aggressive attorneys that will take on police misconduct in iowa. "Dismissed in the interest of justice"-DA

I was stopped in pdc, wi, arrested on unknown warrant, charged with 4 felonies and 1 mis, extradited 15 miles to Clayton county, IA, charged with 1 felony, $10,000 cash only nationwide extraditable warrant for less than $100 in dope that I wasn't home when "buy" happened, first... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

It sounds like you've been through a challenging and unjust situation involving law enforcement. It's crucial to find a competent attorney who is experienced in handling cases of police misconduct and civil rights violations. While I can't recommend specific attorneys, you may want... View More

Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest

I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2023

To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Iowa on
Q: having a phone conversation with daughter. lady told her she was going to record our conversation. Is this legal

My daughter lives with this woman and she's using this information to cause me legal problems

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

In Iowa, the law permits recording a conversation if one party to the conversation consents to the recording. This means that if your daughter or the lady intended to record the conversation agreed to the recording, it would typically be legal.

However, if the recording is being used to...
View More

2 Answers | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Students not allowed to have police or fire department flags on vehicles having 1st Amendment rights violated?

Students at our local school were told they were not allowed to have thin blue line or thin red line flags on vehicles at a school event.

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

This may be content-based government censorship. You may very well have a legitimate case to enjoin enforcement of this policy.

Be aware that First Amendment cases involving public schools can become quite expensive particularly if appealed. The current standard (called the Tinker...
View More

View More Answers

2 Answers | Asked in Civil Rights and Constitutional Law for Iowa on
Q: Students not allowed to have police or fire department flags on vehicles having 1st Amendment rights violated?

Students at our local school were told they were not allowed to have thin blue line or thin red line flags on vehicles at a school event.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

The First Amendment protects the freedom of speech, including the right to display flags or symbols that express one's views or affiliations, such as the thin blue line flag (associated with support for law enforcement) or the thin red line flag (associated with support for firefighters).... View More

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Intellectual Property for Iowa on
Q: Is it legal for cops to take a deceased persons cell phone without a warrant?

A friend of mine passed away suddenly and while they were taking the body out of his home the cops took his cell phone too. How do we get it back?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

I'm sorry to hear about your friend's passing and understand how difficult this situation must be for you.

In certain situations, law enforcement can seize personal property without a warrant, especially if they believe it contains evidence related to an investigation or if there...
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Iowa on
Q: Located in iowa, I was sitting at a caseys with my friend when a man came in and started accusing me of being drunk.

I'm a minor and I was not drinking. He also slandered my friends. When I followed him outside to get his plates he had his girlfriend block the plates and then I recorded him from a safe distance. The following Monday I was called in to the school because he called in saying I had a gun and... View More

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2023

An Iowa attorney could advise best, but your question remains open for two weeks. Your question may have gone unnoticed because it was posted in "Small Claims," which doesn't usually handle defamation. There's a section here labelled "Libel & Slander." Some... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Iowa on
Q: Does a search warrant need a real crime stated on it valid?
Robert Kane
Robert Kane
answered on Jun 19, 2023

The warrant must be based on reliable information showing probable cause to search, it does not need to cite specific crimes.

1 Answer | Asked in Criminal Law and Constitutional Law for Iowa on
Q: I have a few ideas, but in this case, I’m just curious as to what specific amendment was used in this?
Tim Akpinar
Tim Akpinar
answered on May 18, 2019

It looks like part of your question may have inadvertently gotten left off. You could try reposting the question.

Tim Akpinar

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Iowa on
Q: I need to know if I was illegally searched.

I am from a small town in Iowa. The other night I was test riding my small dirt bike after making repairs. On my way back home I got pulled over by a sheriff that knows who I am. I have never been confrontational with the police and have absolutely no violence on my record. The sheriff with his red... View More

Katherine Sears
Katherine Sears
answered on Apr 30, 2019

Based on the facts presented, you may have a basis for getting the search suppressed, particularly if there wasn't a valid reason for the stop. Talk to an attorney about this; you need someone to review whatever evidence the state has and help you make an informed decision about how to proceed.

2 Answers | Asked in Workers' Compensation, Constitutional Law and Federal Crimes for Iowa on
Q: how is the workers compensation commission legally defined;a branch of government or a private enterprise?
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 14, 2018

A governmental agency. Administered by State laws (the Iowa Code), State agency rules (The Iowa Administrative Code) and legal precedent (meaning case law).

View More Answers

1 Answer | Asked in Constitutional Law for Iowa on
Q: Is the ruling in United States v. Brigoni-ponce still upheld or has it been overturned?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

https://en.wikipedia.org/wiki/United_States_v._Brignoni-Ponce

1 Answer | Asked in Constitutional Law for Iowa on
Q: What is your 14th amendment
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.

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