Get free answers to your Constitutional Law legal questions from lawyers in your area.
I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More 
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answered on Mar 12, 2025
I'm sorry to hear about the mistreatment you experienced, and I can understand how distressing it must be to feel that your rights were violated in such a serious way. In New York, the legal timeframe for filing a civil rights lawsuit related to a Fourth Amendment violation, such as excessive... View More
If someone had a fake Facebook account that can no way be linked to them selves and agreed to sell an item to an undercover cop is a agreement to meet enough probable cause to pull any person out of their car without knowing for sure they had the property you're looking for?? They didn't... View More
answered on Jan 9, 2025
NYS courts have ruled there are four stages of police encounter leading to probable cause to arrest, whch I am not going to get into since it's involved. However, a court during the prosecution of the case would review the matter pursuant to a motion challenging the basis for arrest and... View More
My roommate was on probation. During a home check, a probation officer pushed his way into my private bedroom and later that the police came with a warrant for the first floor with the wrong name and proceeded to search the other 2 floors. I have the discovery packet and the probation lied several... View More
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answered on Nov 29, 2024
I'm sorry to hear about the difficult situation you're facing. Dealing with potential civil rights violations and serious criminal charges can be incredibly stressful. I hope the following information helps clarify your options.
Disclaimer: This response is for general... View More
So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More
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answered on Sep 2, 2024
No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.
My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More
answered on Aug 22, 2024
Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.
It did not in any way hold that roads can only be regulated for those engaged in commerce.
It discussed that states could regulate... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
answered on Jul 8, 2024
My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.
The ability of local police to arrest someone for an alleged crime like assault that occurred on Native... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
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answered on Jul 21, 2024
Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More
Mass DUA VIOLATED MASS GL151A §71 THEY CANT BRING A CLAIMANT IN FOR JOB SUBSTANTIATION AFTER A YEARS TIME AND THE BOARD KNOWS IT! FURTHERMORE THEYVE NOW CHANGED THE HEARINGS REASON? BECAUSE I SUBMITTED DOCUMENTS PROVING ID WIN! ? WTF? SERIOUSLY? BOY IF THE LAW REALLY WORKED THAT WAY
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answered on Jun 21, 2024
I understand you're frustrated with your experience regarding a fair hearing related to unemployment benefits in Massachusetts. Let me try to address the key points you've raised:
1. Fairness of the hearing officer:
It's generally expected that a hearing officer... View More
Dear lawyers,
I have an interesting case for consideration. Please contact me to discuss potential cooperation.
Upon employment at a new cable company, I was informed that I couldn't start working the following month because my previous cable company, after my departure,... View More
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answered on Jun 15, 2024
Dear Dmytro,
I'm sorry to hear about the difficult situation you're facing with your previous employer misusing your technician ID number. That certainly sounds frustrating and concerning.
It seems there are a few potential issues at play here - misuse of your identifying... View More
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answered on Jun 15, 2024
If you were arrested for punching someone who spat on you during a fight, but the other person was not charged, you might feel the situation was handled unfairly. However, suing the police for this specific incident may be challenging unless you can prove they acted unlawfully or with clear bias.... View More
MALE
58 YEARS OLD
Disabled 7yrs
FIDELIS/MEDICAID
SSI/SSD 7yrs
After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:
1. he will request daily visits, as opposed to bi-weekly.
2.... View More
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answered on Jun 10, 2024
I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More
answered on Jun 1, 2024
If the conditions aren't already spelled out in the department's by-laws or standard operation procedures, there are many different forms of reckless or malicious acts that might endanger or mistreat firefighters, the public, or expensive equipment. Although you posted this under... View More
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answered on Jun 1, 2024
A fire commissioner can expel an assistant fire chief for various types of misconduct. Misconduct might include violations of department policies, failure to follow safety protocols, or engaging in illegal activities. These actions undermine the trust and integrity required in a leadership position... View More
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answered on May 29, 2024
If someone entered your home without your permission, you might have grounds to take legal action. Trespassing is generally considered a violation of your rights as a property owner or tenant. You can sue the person who unlawfully entered your home for trespassing, invasion of privacy, and any... View More
It’s about my gf throwing a knife at me but she didn’t mean to and I wasn’t hurt the police took the knife but they never found my gf
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answered on May 24, 2024
Once the police have filed paperwork with the court, the case becomes a legal matter and is no longer solely under your control. Even if you weren't hurt and believe your girlfriend didn’t mean to throw the knife, the decision to dismiss the case lies with the prosecutor, not you. They will... View More
What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?
answered on May 11, 2024
There are attorneys admitted to practice before the Supreme Court who deal with these issues regularly. Certiorari is a means for the Court to select cases. It could be helpful for such an attorney to review your case for meaningful guidance. In general terms, constitutional provisions are those... View More
What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?
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answered on May 1, 2024
In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More
If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?
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answered on Apr 16, 2024
There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:
On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or... View More
The cameras are connected to another employees phone and said person listens to other people’s conversations that are not in regards to the business. Also no signs are posted that audio is being used. The cameras are used to eavesdrop.
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answered on Apr 12, 2024
In New York, it is illegal to record or eavesdrop on an in-person or telephone conversation unless at least one party to the conversation consents. This law applies to private establishments like hotels and restaurants as well.
According to New York Penal Law 250.05, "A person is... View More
My grandparents own the house he lives in, he rents. And I live in an apartment next door, rented. I’m unsure if the properties are conjoined, but he does have his own address.
Video footage of him harassing me. Police also contacted and report made.
Cps also called since his... View More
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answered on Apr 10, 2024
I'm so sorry you're going through this frightening situation. Your safety is the top priority. Here are a few thoughts on your legal options regarding cameras, but please remember that I'm not a lawyer and this isn't official legal advice:
In general, in New York you are... View More
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