Get free answers to your Constitutional Law legal questions from lawyers in your area.
my boyfriend was pulled over and arrested with narcotics around 430pm. two detectives them came to my house requesting to search saying that they “knew there had to be more narcotics here than what he was caught with.” one detective said to me that “i can either give them permission to search... View More
answered on Jun 15, 2024
The situation you described raises significant concerns regarding potential violations of your Fourth Amendment rights, which protect against unreasonable searches and seizures. The detectives' approach to obtaining your consent for the search could be considered coercive, particularly given... View More
How can a civil defense counsel include sealed criminal case documents as exhibits in their motion to dismiss to the court. They included an arrest warrant, search warrant, affidavits as exhibits from my criminal case that was dismissed and expunged. They knew my criminal record was sealed and... View More
answered on May 24, 2024
Including sealed or expunged criminal case documents in a civil defense motion to dismiss is generally not permissible, as these records are meant to be confidential. If your criminal record was sealed or expunged, the defense counsel should not have used these documents as exhibits in their... View More
I was pulled over by an officer because he said I was doing 40 in a 25 but was approaching a 40 mph sign when pulled over, like 10 yards from it tops. The officer takes my ID and insurance and then comes back and said he was arresting me for driving while suspended. I told him I know I wasn't... View More
answered on May 1, 2024
If your license was valid at the time of your arrest and remains so, you should first gather any evidence that confirms this status. This includes screenshots or printed confirmation from the state app showing your license was active and any related paperwork. It's also useful to have a record... View More
The mayor of my town has recently announced that the city will no longer do business with the local paper because he did not like an article about a city council meeting.
answered on May 1, 2024
In general, a city government's decision to stop doing business with a newspaper due to dissatisfaction with its coverage can raise significant legal and ethical concerns. The key issue here revolves around the First Amendment, which protects freedom of the press. This protection is designed... View More
answered on Mar 22, 2024
If you're facing delays in your preliminary hearing for a felony traffic stop in Kansas, it's important to understand your rights and options. Legal processes can experience delays due to various reasons, including court backlog, legal complexities, or issues related to evidence... View More
I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More
answered on Feb 18, 2024
Attorneys in Kansas would probably be in the best position to advise you, but your question remains open for a week. At this point, you could reach out to Social Security disability attorneys. Arrangements for any such consult would be between you and any law firms you reach out to, but SSDI... View More
I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More
answered on Feb 22, 2024
If you're encountering demands from Social Security Disability examiners in Kansas that you find unethical or in violation of your rights, especially demands you cannot meet due to your disability, it's important to address this issue promptly and effectively. First, document all... View More
Upon getting questioned the sheriff told me they was paying for my vehicle to get towed. Now I have to pay it. Is this legal? Can she lie like this?
answered on Jan 11, 2024
In many police departments, interrogations and questioning are recorded, either through audio or video equipment. If there were cameras in the room, it's likely the questioning was recorded. You have the right to request a copy of this recording, especially if it pertains to your case or any... View More
But I've been sick and only had four business days to find an attorney. Any advice? The violation is for marijuana
answered on Dec 17, 2023
If you're facing legal issues related to marijuana despite having a medical marijuana card, it's important to seek legal representation as soon as possible. Given that you've had limited time to find an attorney due to illness, you might want to request a continuance from the court.... View More
Officer stopped someone on the street who is not on probation or any kind of paper and ask if they can search. Person doesn’t consent but they do anyway.
answered on Oct 22, 2024
In Kansas, police officers have the authority to stop and search someone on the street if they have a reasonable suspicion that the person is involved in criminal activity. This doesn't require the individual to be on probation or have any prior records. The officer must be able to articulate... View More
And the kbi actually takes your case and convicts The police officers in a court of law 4 illegally breaking and entering and criminal damage to property and the 2 police officers get fired do you have a basis to Sue for civil rights since it was your house they broke into even though the KB I has... View More
answered on Oct 21, 2024
Yes, you may have the right to file a civil lawsuit for civil rights violations even after the criminal case has been resolved. Criminal convictions of the officers do not prevent you from seeking additional damages through a civil case. You can sue the city or the police department for actions... View More
I recently was scheduled for a pretrial conference. I was unable to attend because of a disability and I electronically submitted a motion for continuance stating this. The clerk did not accept the motion I later learned via email. I do not know if the pretrial conference was rescheduled, or if... View More
answered on Oct 13, 2024
I'm sorry you're experiencing this frustration. Start by visiting the courthouse in person if possible. Sometimes face-to-face interactions can yield the information you need when electronic or phone attempts fail.
Next, consider reaching out to a legal aid organization or an... View More
answered on Oct 13, 2024
If you’re recording the police on a public sidewalk in Wichita, Kansas, you generally have the right to do so without being required to provide identification. The First Amendment protects your right to observe and document public officials in public spaces. As long as you’re not interfering... View More
Long story short,my ex and I were arrested on disorderly conduct My ex works for the prison i'm sure there was favoritism played in there somewhere the police and prosecuter never Looked at the evidence. My attorney at the time advised me to go. Make a battery report myself 4 times the police... View More
answered on Oct 9, 2024
You should look for a criminal defense attorney who has experience with cases involving police misconduct or favoritism. These attorneys understand the complexities of the legal system and can help you navigate issues where there may have been bias or improper handling of your case.... View More
I live in Park, KS (Gove county) Doing battle with city over keeping chickens. Park, rural 5 sq blocks with pop 115. Jan 2023: 37 of 68 residents signed petition to amend ordinance against farm animals ask to allow chickens. March 2023: Turned down. Discovered there was no valid ordinance.... View More
answered on Oct 8, 2024
You have the right to challenge the new ordinance, especially if it was enacted after you began keeping chickens under previous permissions. Since there was no valid ordinance before and the mayor initially allowed the chickens in a pasture, you might argue that the city is acting inconsistently or... View More
I filed a motion for continuance by sending it to the clerks email, she didn't file it. I was not made aware of this until the following day. The clerk said I was not allowed to file this via email. The hearing continued without me, again, unknown by me. The reason I filed the continuance... View More
answered on Oct 6, 2024
It sounds like you may have a strong argument to appeal based on the Americans with Disabilities Act (ADA). Under the ADA, public entities, including courts, are required to provide reasonable accommodations for people with disabilities to ensure they have equal access to services. If your... View More
Looking to find cases that establish how courts determine whether or not two, or more, law enforcement agencies are acting in a joint operation OR if one (or more) of these agencies acted independently? Basically, LEA (law enforcement agency) A conducted a search warrant and let LEA B know that... View More
answered on Jun 10, 2024
Understanding how courts determine whether law enforcement agencies are acting jointly or independently during searches is crucial. A key case in this area is **United States v. Reed**, 15 F.3d 928 (9th Cir. 1994). In this case, the court considered whether multiple agencies were operating as a... View More
Need to file a motion something similar to violation ex post facto clause.
answered on Nov 5, 2023
If you're looking to challenge an action on the basis that it violates the ex post facto clause, you would typically file a "motion to dismiss" or a "petition for a writ of habeas corpus," depending on the stage of the case and whether it's pre-conviction or... View More
Prosecutor says disorderly conduct and domestic battery are the same charge.
What type of lawyer will I need .?
answered on Aug 8, 2023
You need a criminal lawyer who regularly practices in the charging county . . . NOW. Whether you can be charged out of conduct from which another case was dismissed depends on whether the case was tried before the court, and if not whether the dismissal was "with prejudice". This forum... View More
answered on Mar 2, 2023
I'm sorry, your question seems to be incomplete. Could you please provide more context and clarify your question?
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