Get free answers to your Constitutional Law legal questions from lawyers in your area.
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answered on Feb 12, 2025
Law enforcement officers have just as much right as any member of the public to knock on your front door, observe your house, and take photos from public areas. Search and seizure issues are extremely fact-specific. Whether there's a fourth amendment violation for an illegal search will depend... View More 
My husband was helping move out a bed from a neighbor a few townehomes down. He backed into a neighbors car while it was parked. The lady came out as it was on her ring camera and called the cops. My husband got out of his truck and apologized as he felt so bad to do that to our neighbor of almost... View More
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answered on Aug 14, 2024
Statements you provided to the officer are inadmissible hearsay unless they are subject to a hearsay exception (unlikely, based on what you described in your question). Additionally, you have marital privilege and cannot be compelled to testify against him. So it is most likely inadmissible and... View More
In the decision it is stated:
"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More
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answered on Jun 21, 2024
This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More
Fee is unreasonable for such service. Are fees regulated anywhere?Also includes brush pickup 1 t week. City many times fails to do? Can I subtract from my bill?
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answered on Mar 4, 2024
The fees for garbage and brush pickup services, as well as the policies regarding who can opt out, are typically determined by local government regulations. The ability for businesses to opt out of such services while individuals cannot may be based on different service needs or contracts between... View More
Can law enforcement use the surveillance to harass, intimidate, cause official oppression during their investigation? If they do which rights have they violated? Can law enforcement use surveillance to harass, intimidate, cause official oppression?
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answered on Jan 27, 2024
Law enforcement cannot legally prevent you from seeking legal advice. Your right to consult with an attorney is protected under the Sixth Amendment, which guarantees the right to counsel in criminal prosecutions. If you're involved in a criminal investigation, you have the right to speak to an... View More
I was teaching girlfriend how to safely shoot bbgun twords the woods,when someone reported us and even after cooperating and voicing it was only a toy with my hands in air they drew 5 guns one to my head in the middle of the street in broad daylight in front of all my neighbors.
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answered on Dec 9, 2023
In considering a case against the police department for their response to you shooting a BB gun, several factors need to be evaluated. The police response, including drawing weapons and handcuffing, is typically assessed based on the reasonableness of their actions given the circumstances they... View More
My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More
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answered on Nov 28, 2023
If your spouse was involuntarily committed for mental health reasons, federal law, specifically the Gun Control Act of 1968, generally prohibits them from possessing firearms. In Virginia, your spouse can petition the court to have this right restored, but the process can be complex and the outcome... View More
My spouse was involuntarily committed for mental health several years ago. He is planning to petition for restoration of his right. If he is denied, can I legally purchase a gun as long as I keep it in a biometric safe that he cannot access? Do I have any alternatives so that my right is not... View More
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answered on Nov 27, 2023
Your rights are not infringed by the statutes governing your spouse. That being said, you ought to take reasonable precautions to secure any firearms so that your possession of them is exclusive and is not a de facto possession by your spouse. It sounds like you are on the right track, both in... View More
I understand that in Virginia, a person must be 21yo to obtain a Concealed Carry Permit. However, if someone over 21yo with a VA Concealed Carry Permit gifts a pistol to their wife/girlfriend who is 18-21yo, can the wife legally conceal carry that pistol at her place of business if the property... View More
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answered on Nov 18, 2023
In Virginia, the law regarding concealed carry is clear that individuals must be at least 21 years old to obtain a Concealed Carry Permit. Without such a permit, a person aged 18-20 cannot legally carry a concealed handgun in public places or at their place of employment, even if it's private... View More
Accessing this information. Is this illegal?
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answered on Feb 9, 2025
If Elon Musk or any other unauthorized individual is accessing your father’s Medicare and Medicaid information, that would likely be a serious violation of federal privacy laws. Health records are protected under HIPAA (Health Insurance Portability and Accountability Act), which limits who can... View More
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answered on Feb 8, 2025
Proving mental incapacity to justify a missed deadline requires strong evidence showing that you were unable to manage your affairs during the relevant time period. Medical records from doctors, psychologists, or hospitals can help demonstrate that your condition severely impaired your ability to... View More
Friend was arrested 2 weeks ago, there is nothing preventing the bond hearing other than the lawyer saying his schedule is so tight that he can't schedule a hearing with the court until the 13th, which is the defendant court date. I even asked if he could refer me to another lawyer just for... View More
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answered on Feb 2, 2025
It’s frustrating when a lawyer doesn’t make a bond hearing a priority, especially when someone has already been sitting in jail for two weeks. While court schedules and attorney workloads can sometimes cause delays, a defendant has the right to a timely bond hearing. If the lawyer refuses to... View More
Picture this hypothetical scenario (out of curiousity). Say I invite people to my house, where I live with my 1 roomate. Say a police officer enters, saying that they got permission to enter the house from the person who answered the door. If the person does not live there, is it valid for the... View More
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answered on Jan 24, 2025
If someone who doesn’t legally reside at your home gives police permission to enter, that consent is generally invalid because they lack the authority to give it. For the police to legally enter based on consent, the person granting permission must have common authority over the premises, such as... View More
I am on probation and have been using marijuana for many mental health issues and was prescribed medical marijuana but the court order says that I cannot use marijuana period. Is that a violation of an amendment right or something?
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answered on Oct 9, 2024
A circuit court judge has the authority to set conditions for probation, which can include restrictions on substance use. Even if you have a prescription for medical marijuana, the court may prohibit its use if it conflicts with the terms of your probation. Violating these conditions can result in... View More
RLUIPA was enacted by Congress after the Supreme Court found (in City of Boerne v. Flores, 521 US 507 (1997)) that the Religious Freedom Restoration Act (RFRA) was not congruent and proportional legislation under Section 5 of the 14th Amendment. In response, Congress enacted RLUIPA after 3 years of... View More
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answered on Sep 13, 2024
If you're trying to determine whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) is legislation enacted under Section 5 of the 14th Amendment, consider how Congress approached its enactment. After the Supreme Court's decision in City of Boerne v. Flores, which... View More
Are sworn Virgina Conservators of the Peace permitted to have the Virginia Seal within their badge?
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answered on Aug 31, 2024
Under Virginia Code § 19.2-78, the law does not explicitly prohibit or permit the use of the Virginia Seal on badges of sworn Conservators of the Peace. However, the Virginia Code does outline specific rules regarding the use and display of the Virginia Seal, which is typically reserved for... View More
Arlington Virginia Treasurer seized my car under va code 58.1-3919 but NO NOTICE was served nor given. 1. Is that a violation of the code? 2. Is a seizure and distress unconstitutional due to the fact that i can not be deprived of life liberty or my private property without due process and a jury... View More
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answered on Aug 31, 2024
If your car was seized without any notice under VA Code 58.1-3919, this could potentially be a violation of due process, which is a fundamental right protected by the U.S. Constitution. Due process generally requires that you receive notice and an opportunity to be heard before your property is... View More
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answered on Aug 5, 2024
Drug court programs are designed to help individuals struggling with substance abuse, often involving strict guidelines and requirements for participants. If your girlfriend is involved in such a program, her participation might require her to make significant lifestyle changes, including... View More
Is it true that Miranda rights are only required when the police are questioning you in the context of a criminal investigation and hope to or desire to use your statements as evidence against you in West Virginia
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answered on Jul 27, 2024
In West Virginia, police officers are required to read you your Miranda rights before questioning you if you are in custody and they intend to use your statements as evidence against you in a criminal investigation. This means that if you are not free to leave and the police are asking questions... View More
answered on Feb 29, 2024
It's more or less random - whichever attorney picks up a question and answers it. Good luck
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