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North Carolina Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: Wrong address on application for and actual search warrant?
T. Augustus Claus
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answered on Oct 13, 2023

If the wrong address is on the application for and actual search warrant, the search may be considered illegal. You may be able to file a motion to suppress the evidence obtained during the search, which means that the evidence cannot be used against you in court. To file a motion to suppress... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for North Carolina on
Q: Can a police officer get me a higher bond for not speaking with him
T. Augustus Claus
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answered on Jul 31, 2023

In North Carolina, a police officer generally does not have the authority to set or change the bond amount. The bond is typically set by a judge based on various factors, such as the severity of the alleged offense, the defendant's criminal history, and the risk of flight.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: Is it legal for a police officer to tell the world that I was a confidential 8nformant and then give my address to harm

I signed a agreement about my identity and an officer was on fb live and told everyone my name and address and that I was an informant

James L. Arrasmith
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answered on Jul 11, 2023

You should contact the police department, district attorney's office, or an attorney to file a complaint and take legal action.

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Does NC Highway Patrol need suspicion of crime or violation to stop or detain me? Do I have to ID to them/them to me?

I had been stopped by NC Highway Patrol at a checkpoint and asked for my identification. I asked if I had done anything wrong and would prefer not to ID if I didn’t commit a crime, that it was my understanding NC isn’t a Stop and ID State and felt being forced to do so would violate my 4th... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Police in many jurisdictions establish check points where they check all vehicles that pass through, mostly looking for DUI, but also for registration/license violations. These are advertised in advance in the newspapers or on the city website. At these checkpoints the law allows the officers to... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: A friend of mine overdose I call for help and the police seize our phones without a warrant can they do that

A friend of mine overdoses I call for help the police come search the car find some stuff no more than a gram of herion in her purse and then seized both of our phones without a warrant

James L. Arrasmith
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answered on Mar 11, 2023

In certain situations, police may have the authority to seize a person's phone without a warrant if they have probable cause to believe that the phone contains evidence of a crime. However, the legality of the seizure would depend on the specific circumstances of the case. It is recommended... View More

1 Answer | Asked in Criminal Law and Constitutional Law for North Carolina on
Q: is this a violation of my 6th amendment rights

judge never offered or gave me a chance to find me a lawyer and forced me to go to trial on my first apperance

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that the judge's actions could be a violation of your 6th Amendment rights, which include the right to counsel. The Supreme Court has held that criminal defendants have a right to counsel at all critical stages of the criminal justice process, including the initial appearance... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: If an officer has a person’s information and harasses said person, is there a legal basis to sue the the city/officer?

Officer received information from the individual during a trespassing warning at a city park after dusk. Harassing (ie. Pulling over vehicles repeatedly, following /starring intensely at person during community event where person is with family, and stoping/following person while walking with... View More

James L. Arrasmith
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answered on Mar 2, 2023

It may be possible to pursue legal action against the city and/or officer if there is evidence of harassment and a violation of the person's civil rights. This could include claims of excessive force, false arrest, or unlawful search and seizure. However, the specific circumstances of the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina on
Q: In North Carolina, what court cases would include a firearm or something about the ownership rights using judicial?
Nick Benjamin
Nick Benjamin
answered on Dec 14, 2022

Please rephrase your question and give it context, I’m not sure what you’re asking.

2 Answers | Asked in Consumer Law, Admiralty / Maritime and Constitutional Law for North Carolina on
Q: In N.C. , I have a judgement entered against me for a renewal for unpaid personal loan from 1995,

original judgement was 6-04-01, first renewal was 09-23-11, was just curious is that outside the statute of 10 years to get renewal, and latest paper work only shows date of sept 2011 no mention of previous date, amount of loan was approx $3000

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 12, 2021

If the second lawsuit to collect on the unpaid judgment was filed on or before June 4, 2011 (10 years from the date the first judgment was signed), it does not matter that the second judgment was not entered until July 23, 2011. By the way, they can only renew once. The second judgment entered... View More

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1 Answer | Asked in Constitutional Law for North Carolina on
Q: Why did the Supreme Court not get the question as to whether or not a former official may be impeached?
Ben Corcoran
Ben Corcoran
answered on Feb 15, 2021

They do not automatically review any legal question. It first must be properly brought before them. Had Trump been convicted, they would have likely heard this challenge, but they will not step in to answer it since he was not.

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Legal Malpractice for North Carolina on
Q: Should this Judge have recused himself?

At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter... View More

Amanda Bowden Johnson
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answered on Nov 11, 2020

Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent... View More

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: is it illegal to burn a American flag
Ben Corcoran
Ben Corcoran
answered on Sep 24, 2020

When done as a form of protest it is considered free speech and to be a political activity, so it is protected by the constitution.

It is also the preferred method for disposing of a flag that has is no longer serviceable, the difference being that it is supposed to be done reverently.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: A 4m old was taking by cps and officers the 1hr they knew the mother of the child wouldn’t be home.

Mother and child were made to leave their home and stay with grandparents. After cps told them they were doing so good and getting a new worker. Later came by and removed us. Parents had passed all drug screens. Accuse of DV. Even though father left to avoid a simple argument like they told him to... View More

Amanda Bowden Johnson
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answered on May 9, 2019

This is essentially what often happens when you let DSS into your business and cooperate with them. DSS is so bad that often your best bet is to simply leave the state with the child as soon as you get wind of them sniffing around. However, in your case that ship has sailed long ago. Now that... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on
Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: How do i go about seeking benefits on possible lost property in my bloodline in Tarboro NC fromthe Parker bloodline
Tim Akpinar
Tim Akpinar
answered on Apr 17, 2019

As a starting point, you could contact the North Carolina Department of State Treasurer to see if they have records of unclaimed property in your family name.

Tim Akpinar

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: If I throw a flyer with a binder clip attached to it at the end of a houses driveway is it littering?

It has a list of services we offer and a coupon on it

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2019

This could depend on local rules. In addition to state and city environmental control board regs, some townships and villages have looked into measures to ban or control unsolicited flyers, coupon paks, etc.

Tim Akpinar

Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?

As a sovereign we have the jurisdiction over the land of the United States of America. What is the difference between a STRAWMAN and a Human Being.

Tim Akpinar
Tim Akpinar
answered on Feb 16, 2019

People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Can I stand on a median or freeway exit a with sign?

I would like to know a section code or ordinance that makes panhandling illegal which is protected by the 1st amendment

Amanda Bowden Johnson
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answered on Dec 6, 2018

This is the first amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for North Carolina on
Q: The cops came to my house looking for brother asking a statement for

The cops came to my house looking for brother asking a statement from him. They said they dont have a warrant but if he doesnt talk to them they will get one. This is about a shooting. What are his rights (hes 17) ? Is this a trick to take him to jail?

Bill Powers
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Bill Powers
answered on May 23, 2018

Lawyer up. They can't get a warrant to force a statement. They can get a Warrant for Arrest, if there is probable cause and it's issued by a proper judicial official. They may also get a Search Warrant, again with proper grounds (normally via oath or affidavit) to search for something.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for North Carolina on
Q: Has anyone ever used challenging jurisdiction of any officer under constitutional rule for complete dismissal?
Amanda Bowden Johnson
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answered on Apr 2, 2018

Yeah, Pro Se's who don't know what they are doing try this from time to time and it generates a decent chuckle in the Courtroom. Any officer can stop a driver anywhere, so even if you were successful in challenging the stopping officer's jurisdiction what do you think is gonna... View More

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