Get free answers to your Constitutional Law legal questions from lawyers in your area.
At a store while parked the officer pulls behind the vehicle and turns on the blues and said that the plates was blocked and proceeded to question and search the vehicle after being told it was not wanted
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answered on Jul 20, 2024
In Georgia, the police typically need a warrant to search your car, but there are exceptions. If an officer has probable cause to believe that your car contains evidence of a crime, they can search it without a warrant. Probable cause might arise from seeing illegal items in plain view or smelling... View More 
1983 42 Case against State official was filed in US District Court. Defendant attorney's only defense was immunity under 11. After a year, the Judge dismissed and closed my case with prejudice due to immunity under 11 only. The merits of the case were not addressed by the judge. I then filed... View More
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answered on Jun 21, 2024
This is a complex situation involving civil procedure, federal jurisdiction, and the interplay between state and federal courts. Let me break down the key issues and offer some guidance:
1. Original Federal Court Dismissal:
The federal judge dismissed your §1983 case with prejudice... View More
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answered on Jun 15, 2024
To sue the Department of Social Services (DSS) for false allegations and opening a case against you, start by gathering all relevant documentation. This includes your prescription for the medication, any communications with DSS, and records of their allegations. This evidence will support your... View More
After the Bell hearing I asked several times for paperwork I made two requests the first request they sent me only the public defender paperwork I requested the prelim paperwork again yet again I only got the public defender paperwork five or six days after my bond hearing I requested again the... View More
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answered on May 19, 2024
You need to take immediate action to address the issues with your case. Start by documenting everything that has happened, including all your requests for paperwork and any responses you've received. This will help establish a record of the lack of communication and mishandling of your case.... View More
Is so, which ones and to what extent?
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answered on Feb 24, 2024
While you may retain some constitutional rights while under house arrest or probation, they may be subject to certain limitations or restrictions. For example, you typically maintain your right to freedom from unreasonable searches and seizures under the Fourth Amendment, but this right may be... View More
Is so, which ones and to what extent?
answered on Feb 9, 2024
There are many constitutional rights kept by the person who is on house arrest or probation but there are many given up. The details would be too many to go over in this post so it is important to consult an experienced attorney and review documentation the person received when entering a house... View More
SCDSS filed a custody removal suit against my husband based on an affidavit in which the case worker blatantly lied. Through a recorded phone conversation and phone records, I was able to prove that she lied, and they settled the case out of court. There were no repercussions for the DSS employees,... View More
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answered on Feb 1, 2024
Finding an attorney willing to sue a government agency like the South Carolina Department of Social Services (SCDSS) can be challenging, but it's not impossible. To pursue a case against SCDSS, you should look for experienced attorneys who specialize in civil rights and administrative law.... View More
The so called victim was my husband customer who wrote a bad check for 6500 and my husband and him argued at the dock. I never got off the boat but he said I damaged his car?! We didn't even put.in at that marina I wouldn't even have known.what car or truck was his out of the 60... View More
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answered on Jan 30, 2024
I understand your concern and frustration regarding the warrant for your arrest. In situations like this, it's important to know that law enforcement can issue a warrant based on the statement of a witness, even if that witness is the alleged victim's friend. However, the validity of the... View More
When he saw my weed pipe and said he gonna shoot my dog I told him I'll shot you,so they charged in tased me cuffed me,jail I went they never said under arrest or read my rights
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answered on Jan 26, 2024
In your situation, it's important to understand that police generally need a warrant to conduct a search, but there are exceptions. One such exception is if an officer sees illegal items in plain view, like a weed pipe, which can justify a search and potentially an arrest without a warrant.... View More
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answered on Jan 2, 2024
Winning your court case for a false shoplifting accusation is a significant victory. This outcome not only clears your name but also confirms your innocence in a legal context. However, the experience of being falsely accused and arrested can have lasting impacts.
You might consider... View More
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answered on Jan 2, 2024
Being falsely accused of shoplifting can be a distressing and confusing experience. It's important to understand your rights and the steps you can take to address this situation.
Firstly, remain calm and cooperative if approached by store security or law enforcement, but be mindful not... View More
If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More
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answered on Jan 2, 2024
In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More
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answered on Dec 12, 2023
In South Carolina, as in other states, it is illegal for a private investigator or anyone else to hack into your laptop without your consent. Hacking, which includes unauthorized access to someone's computer or digital accounts, is a violation of both federal and state laws.
The... View More
Search was conducted during a routine traffic stop for a broken taillight observed on main highway but not stopped until on the private dirt road. K-9 unit was brought on scene and "alerted" as their reasoning for conducting the search. But were they legally even allowed to bring in the... View More
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answered on Nov 18, 2023
In South Carolina, the authority of a deputy sheriff to conduct a vehicle search does not necessarily change based on whether the road is county-maintained or private. The legality of the search typically hinges on whether the officer had probable cause or the driver's consent, rather than the... View More
City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More
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answered on Nov 17, 2023
In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More
Lawyer representing client in 2018 for her divorce the lawyer is a senator as well. The client comes back after opening a nonprofit asking The now senator that was her attorney in 2018 to sign off on a distribution contribution of $250,000. From the leftover anFrom the leftover money that the... View More
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answered on Nov 5, 2023
In this scenario, the dual roles of the attorney as a senator and a practicing lawyer raise potential concerns about a conflict of interest. As a former attorney for the client, and now a public official, the lawyer must be cautious to avoid any actions that could appear to be preferential or... View More
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answered on Nov 5, 2023
It's important to understand that law enforcement officials have certain legal parameters they must operate within. Taking pictures of your car and surveillance in general can be lawful if it's part of a legitimate investigation and they have a reasonable suspicion of criminal activity.... View More
Child with disabilities. Children’s hospital where all specialists are and child’s other doctors as well as school are alienating other parents and won’t comply with parents rights nor the law in SC
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answered on Oct 15, 2023
In cases where a child with disabilities is involved, federal and state laws provide various rights and protections for the child and the parents. If a school or medical professionals are not complying with the law, the parent has several potential avenues for recourse. They can file a complaint... View More
Indira sahni vs union of india case 1992
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answered on Sep 11, 2023
The question regarding whether the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violates the limit set by the Supreme Court in the case of Indira Sawhney v. Union of India, 1992, is a nuanced one and would ultimately be determined through a detailed legal analysis... View More
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answered on Jul 11, 2023
To file misconduct charges against a police officer for harassment and kidnapping, you can follow these steps; Gather evidence, such as police reports, photographs, or witness statements. File a complaint with the police department. Contact the district attorney's office. Consult with an... View More
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