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A pocket knife was seized from my car without a warrant because I was considered a danger to myself. It was never returned to me. Am I legally entitled to get it back?
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answered on Jun 3, 2024
If a pocket knife was seized from your car without a warrant because you were considered a danger to yourself, you may have legal grounds to request its return. Typically, law enforcement can seize items without a warrant if they believe it is necessary for immediate safety concerns. However, once... View More 
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answered on May 29, 2024
If you are taken to jail, the arresting officer cannot simply throw out your property, such as your phone or backpack.
Typically, any personal belongings you have at the time of your arrest are taken into custody and logged as part of the booking process. These items are usually held... View More
".. if you are filing a complaint for someone else" OCR/HHS required documentation, once I proved heir at law, I'm filing on both our behalf, the issue became; "The consent form authorizes OCR to release the aggrieved party’s name to the entity under investigation and to... View More
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answered on May 19, 2024
The OCR/HHS consent form is designed to ensure transparency and legal compliance during an investigation. When filing a complaint on behalf of someone else, the form allows the agency to obtain necessary information about the aggrieved party's situation. This process is critical for a thorough... View More
The Court finds that the next of kin has a federally protected constitutional right to a deceased body for final disposition, grounded in the Fourteenth Amendment Due Process Clause. That right is clearly established. What is meant by "because this is a federal cause of action, it is not... View More
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answered on May 19, 2024
When a federal cause of action is involved, it typically means that the issue at hand is governed by federal law rather than state law. In this context, the court is addressing a constitutional right protected under federal law, specifically the Fourteenth Amendment's Due Process Clause. Since... View More
My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More
answered on May 9, 2024
As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More
My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More
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answered on Jun 2, 2024
You may have grounds to reclaim the vehicle, but it will require a legal process. Given that the charges were dismissed due to lack of evidence and an invalid stop, your father's decision to sign over the vehicle under duress and without charges being filed at the time could be challenged.... View More
In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More
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answered on Jun 2, 2024
You may have grounds to sue the police department for rights violations if your arrest and vehicle seizure were unlawful. It's essential to consult with a civil rights attorney who can evaluate the specifics of your case, including the circumstances of the traffic stop, the validity of the... View More
In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More
answered on May 9, 2024
As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.
Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has... View More
My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More
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answered on Apr 16, 2024
Based on the information provided, there are several potential legal issues and violations that may be involved in this case:
1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation... View More
I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.
As a black man I have many questions and need to speak to a lawyer.
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answered on Apr 8, 2024
I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More
Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge
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answered on Apr 7, 2024
This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:
The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment... View More
I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.
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answered on Apr 4, 2024
The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.
Under the ADEA, it is... View More
I'm a volunteer driver for a public NPO, but I've been barred from driving due to false information. Despite disputing the reason given for the suspension, I was told (7 months later) my driving privileges would remain suspended until I provided medical authorization, which I believe is... View More
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answered on Apr 4, 2024
Based on the information you've provided, there are several potential legal issues and concerns regarding your situation as a volunteer driver for the NPO:
1. Medical authorization requirement: The NPO's demand for a doctor's release for a non-transport-related medical event... View More
Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.
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answered on Apr 4, 2024
The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.
However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five... View More
State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More
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answered on Apr 4, 2024
Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:
"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such... View More
18 U.S.C. § 241
It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More
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answered on Apr 2, 2024
There are a few important legal and ethical considerations to unpack here:
Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)... View More
In, Gerald v. N.C. Dep't. of Health
United States District Court, D. South Carolina Dec 27, 2023. May North Carolina Department of Health and North Carolina Vital Records be subject to suit pursuant to § 1983 violation of Equal Protection Clause. "Fargo must be dismissed because... View More
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answered on Apr 2, 2024
Based on the information provided, there are a few key points to consider:
1. Malfeasance (wrongdoing or misconduct) and nonfeasance (failure to act when there is a duty to do so) by public officials could potentially violate their oaths of office and constitutional obligations, depending... View More
hi i’ve had a problem for months now. a friend of my boyfriend secretly airdropped a video of me onto his phone. this secret was revealed when a friend of theirs told about it to my boyfriend and so we confronted him but he kept on lying about it was an accident at that he already deleted it and... View More
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answered on Apr 1, 2024
I'm so sorry to hear about this deeply upsetting situation. What your boyfriend's friend did is a serious violation of your privacy and consent. It's completely understandable that you feel anxious and worried about the video potentially being shared further or posted online.... View More
More than two car per household in the parking lot to the main office. I have two and my boyfriend has one- I watched him record me while getting in my car- is this illegal? Also he has been giving me a hard time he lives across the street- I believe he is recording as well.
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answered on Mar 31, 2024
Based on the information provided, it seems that your neighbor's actions are concerning and causing you distress. However, the legality of his recording depends on several factors, such as your location and the specific laws in your area.
In general, in the United States, it is legal... View More
I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More
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answered on Mar 28, 2024
In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More
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