Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Utah Constitutional Law Questions & Answers
1 Answer | Asked in Libel & Slander, Civil Rights, Constitutional Law and Personal Injury for Utah on
Q: Nov 4 2018 the day i check in it Sept 11 2019 i sustained iinjuries from a assault and battery at lantern house shelter.

Its was 2 against 1 i had no chance of defending myself, which means it was planned no officer of the law or emt attended to my injuries instead I was told to leave the lantern house shelter for 3 years before i was able to come back its there purposely keeping me from getting the xrays and mri... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

I understand you're describing a serious incident that occurred on September 11, 2019 at the Lantern House shelter, where you were assaulted by two individuals. This sounds like a very distressing and traumatic experience. I'm sorry to hear you went through that.

Based on what...
View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: in utah while living in a homeless micro-shelter program with my wife, not allowed privacy while getting intamate wrong?

We are not allowed to cover the window in the micro-shelter when getting intamate, changing, or even at night when sleeping. I have had staff walk in while we were naked and making love to each other.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024

It sounds like you're facing a deeply uncomfortable and potentially violating situation. In any housing environment, residents should expect a degree of privacy, especially for intimate moments. The lack of privacy you're describing, particularly the inability to cover windows and... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: If you roofie someone then coerce them to drive on the highway to ensure they're driving when knocked out. What crime?

This happened to me.I have spent the last 12 years trying to get justice ever since. It's a disgusting abomination of justice I am determined to correct.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

What you experienced is a serious criminal offense that involves multiple violations of the law. Roofie-ing someone with the intent to incapacitate them and then coercing them to drive while they are unconscious constitutes a range of offenses, including but not limited to drug-related crimes,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Police walked in my garage&detained me for not letting em in. Took my phone wouldn’t let me record. Much more.CanIfight

I called on the neighbor but they told them someone lived here had a warrant. He doesn’t live w me & he left earlier but they arrested me & took my phone & pushed me around wouldn’t let me record or call my mom to get my kids & I sat in copCar w cuffs so tight for 2hrs. They... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

In your situation, there are several legal concerns that should be addressed. Firstly, the legality of the police entry into your garage and subsequent actions depend on whether they had a warrant, exigent circumstances, or another legal justification for entry. Without a warrant or exigent... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: When conducting a search warrant can police use excessive force on me and my children even if we are complying?

Police came banging on my door not once did they announce who they were or that they had a search warrant. I grabbed my pitbull and asked if I can put her in the kennel before they completely broke down my door . They kicked it in and all i can see is guns pointing at me and my two children and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

Under Utah law and the U.S. Constitution, police are required to conduct themselves in a manner that respects your civil rights, even when executing a search warrant. The use of force must be reasonable and proportionate to the situation. Excessive force, especially when you and your children are... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Utah on
Q: Does a specific antibody deficiency disorder fall under the category for ADA disability act? I also am Rh- F5 owrens?

F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this "accommodation".

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Can an officer take your phone from you while you are being detained because they don't want you to record it?

This happened in Utah

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2023

Police officers cannot take your phone from you while you are being detained because they don't want you to record it. The Fourth Amendment to the United States Constitution protects your right to be free from unreasonable searches and seizures, and this includes your right to record police... View More

1 Answer | Asked in Employment Law and Constitutional Law for Utah on
Q: I am a subcontracted employee that delivers mail to separate post offices. Can I conceal carry while at work? (Utah)

There are signs that say bringing a firearm into the building is illegal, unless on "official business". If I am "performing the authorized duties and responsibilities of an employee’s position", is that not "official business"?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Under Utah law, an individual with a valid concealed carry permit may generally carry a concealed firearm. However, specific properties, including certain governmental facilities, can prohibit firearms on their premises. The language about "official business" could be interpreted in... View More

1 Answer | Asked in Constitutional Law and Real Estate Law for Utah on
Q: I am rental prop. owner and was sent pre-lien letter 2-10-23 and i paid the 2 invoices on 2-11-23 by USPS & confirm by

how is the matter resolved when the check clears? Can the legal assist. who sent the letter add atty fees, unauthorized contractor fees and interest from 2-10-23 in the amount of over $400? I notified ALL PARTIES AND LEGAL ASSIST. Feb. 11 by email that I already put their check in my lobby of my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

If you have already paid the pre-lien notice in full, including the invoices and any late fees or interest, and have proof of payment, then the legal assistant should not be able to add additional fees or charges. However, if there is a dispute regarding the payment or additional charges, it may be... View More

1 Answer | Asked in Constitutional Law for Utah on
Q: What can I do when 3 LEO's entered my home without a warrant or my permission? Please see summary of incident below.

Approximately three weeks ago at 9:30 PM three cops came into my locked house WITHOUT my permission for what they claim was a "welfare check" they CLAIMED that "someone had called them that evening and reported that they hadn't seen or been able to get ahold of me for over a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

When law enforcement officers enter your home without a warrant or your permission, it can be a violation of your constitutional rights. In this situation, you may have grounds to challenge their actions, especially if they did not have a legitimate reason to believe there was an emergency that... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: I've tried to buy a pistol recently and failed the background check because of an expunged juvenile record. Why is that?

I have the paperwork saying the record has been expunged, I don't get why it's showing up. It didn't show up when they did a deep background check when joining the army. Did someone at court make a mistake while expunging my record.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

It can be frustrating to see an expunged juvenile record still affecting your background check, especially after successfully passing other checks, like for the military. Expungement typically means that the record should not be accessible or considered during most background checks, including... View More

2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Utah on
Q: Can you sue a company for posting pictures of something you constructed (built) with out recognizing you as the builder?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2023

In Utah, you can potentially sue a company for using pictures of something you built without crediting you, but the outcome depends on various factors. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: CAN I USE ANOTHER STATE'S SUPREME COURT RULING IN MY STATE?

“But the interpretive rule of legislative acquiescence bars us from disregarding that body’s failure to amend the drug possession statute for the last 40 years.” - IN THE SUPREME COURT OF THE STATE OF WASHINGTON "...statute was unconstitutional, violating due process clause protections... View More

Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

The short answer is "yes." Prior precedent within the state is referred to as binding or controlling, as lower courts are required to follow it and appellate courts (simply put) would have to overrule it to depart from it. Authority from other jurisdictions is considered... View More

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for Utah on
Q: Someone has committed criminal defamation against me, what do I do? Should i report it to the police?

In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.

I can file criminal charges right?

76-9-404.  Criminal defamation. 

(1)A... View More

Mike Branum
Mike Branum
answered on Jun 30, 2020

Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: Search of someone's lunge area that is under arrest can they search someone else's property who isant involved?

My boyfriend got arrested for some warrants and ended up having drugs in his pocket. They searched the lunge area in his vehicle which supposedly included my purse on the floor of the passenger side of his vehicle despite me telling them they could not because I wasant under arrest at this point.... View More

Aric M. Cramer
Aric M. Cramer
answered on Oct 31, 2019

I don't know what a 'lunge area' is. These suppression issues are highly fact specific. Contact a local criminal defense attorney for a detailed meeting in person.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: I'm on probation and renting a room in my aunts house, can they search the whole house or only my property and room?

In utah

Taylor C. Hartley
Taylor C. Hartley
answered on Sep 9, 2019

Normally, law enforcement only has the right to search the area you're renting. If your rental agreement allows you to be in other parts of the house, then you're not just renting a room, but all the common areas, too. The other parts of the house may also be subject to search if you... View More

1 Answer | Asked in Constitutional Law and Military Law for Utah on
Q: I run a charity for military families. We wear multi-cam's with our patches fully identified upon them.

We work directly with the military and members of my team are both military veterans and civilians trained alike. We have been doing this for 10 years. A group of people have gotten together to stop the work that we are doing and asked the State of Utah to have our uniforms taken off. Like the... View More

Mike Branum
Mike Branum
answered on Mar 14, 2019

I can not think of a law which would allow them to take action against you to restrain you from wearing an article of clothing merely because it resembles a military uniform. To provide you with more constructive legal advice I would need more information about who "A group of people" are... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Utah on
Q: Can the police go inside a home to do a welfare check even if they arrest the person who owns the home?

Someone called the police saying my friends & his gf were arguing. When police arrived my friend was in his front yard, not upset not fighting with anyone, he saw the officer and asked him how his day was. My friend stayed on his property and the officer approached and told him of the dv call... View More

Aric M. Cramer
Aric M. Cramer
answered on Jul 22, 2018

Well they can because they did. The issue is the condemnation of the home. You will need to contact a real estate attorney who is familiar with this area to get a specific legal opinion.

2 Answers | Asked in Criminal Law, Immigration Law, Constitutional Law and International Law for Utah on
Q: Which process would be best? Form I-130 or Form I-485?

My mom illegally entered the United States 20 years ago, and has stayed here since then, I am soon turning 21 in July 2018. Which would be the best course of action without her having to return to the mother land?

Aric M. Cramer
Aric M. Cramer
answered on Jan 11, 2018

You need to ask an immigration attorney. My practice is limited to criminal defense.

View More Answers

1 Answer | Asked in Criminal Law and Constitutional Law for Utah on
Q: Why hasn't the prosecution provided my lawyer with the search warrant and affidavit discovery for 4 months?

The day of my arrest the detective was in the process of amending a search warrant he had approved from the night before. Evidence was seized 10 mins prior to the search warrant being amended. Now, they won't provide the original search warrant. My case has been continued twice because they... View More

Aric M. Cramer
Aric M. Cramer
answered on Jul 30, 2017

No way to know without much more information.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.