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Washington Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Americans with disabilities act

My husband retired from 22 years of military service then decided to become a police officer as his second career. His disability percentage is still pending from the military. He has passed all testing (Physical, physical fitness, poly, psych eval) and has been hired by the city. He was told... View More

James L. Arrasmith
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answered on Mar 11, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees or job applicants on the basis of disability. This includes disability discrimination in hiring, pay, promotions, benefits, and other employment terms and conditions.

If your...
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1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Washington on
Q: I swear the police used to have to give a ticket for the reason they pulled you over if they are giving you ticket or

So I remember getting infractions dropped due to the officer failing to write you up on original reason for the stop . Example cop pulls over says forgot turn signal while switching lanes but doesn't wite you up for that. But proceeded to issue a ticket for something else like failure to... View More

Antone Alfred Weber
Antone Alfred Weber
answered on Jan 12, 2023

Yes, they must have a reasonable suspicion that a crime or an infraction was committed to pull you over. No, they are not required to cite you for that violation. They may elect to warn you regarding that violation. They may also cite you for a violation discovered during the course of the stop,... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: got notified that Im not legal to possess/own a firearm when I applied for the permit. I have never had a felony so why?

And how do I get this changed. I feel im being harrassed by the local sheriffs office after they had wrongly arrested me when my husband passed away. Long story, maybe I need to speak with someone about this to fill in all the ugly disgusting details. I live in Washington state. Please help

Cristine Beckwith
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Cristine Beckwith
answered on Jan 6, 2023

Sorry to hear. There are some misdemeanors with the Domestic Violence designation that can result in the loss of firearm rights.

I recommend that you contact a criminal defense attorney in your area to discuss your criminal history (if any) and to see if there is something there that...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Washington on
Q: What can i do legally about my boyfriend being held in custody after posting bond awaiting ehm for 30 days

The ehm people refuse to go get him from jail claiming there waiting for the jail to call them and tell them he's free to go

James L. Arrasmith
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answered on Mar 22, 2024

If your boyfriend is still in custody despite posting bond, it's essential to take immediate action. First, verify the bond conditions and ensure that all requirements for his release have been met. If the electronic home monitoring (EHM) is part of the release conditions, confirm with the... View More

1 Answer | Asked in Constitutional Law for Washington on
Q: United Statese v. Wonson (1812)

In the 1812 case United States v. Wonson, what was the dispute between the 2 parties about? As in, what were the arguments of both parties? The information online on this case is very scarce. Thank you!

James L. Arrasmith
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answered on Feb 23, 2024

In United States v. Wonson (1812), the federal government sought a new trial against Samuel Wonson after it had already lost an earlier civil case against him over land titles. Specifically, the government wanted to retry the factual issues in the case related to the validity of Wonson's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: For a lawsuit under 42 USC § 1983, what is the length of time for the statute of limitations and when does it start?

Jurisdiction: Washington State

At issue: Rights secured by multiple federal amendments and sections of the WA Declaration of Rights.

The case involves an arrest, significant pre-trial detention due to COVID-related court shutdowns, and a not guilty finding by a jury.

Does... View More

James L. Arrasmith
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answered on Jan 5, 2024

In a lawsuit under 42 USC § 1983 in Washington State, the statute of limitations is generally three years. This timeframe is based on the state's personal injury statute of limitations, as federal law does not specify a limitations period for § 1983 claims.

The clock for the statute...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Family Law for Washington on
Q: Constitutionality of No-contact Order barring Pro Se access to Superior Courthouse? Hypothetical situation/timeline.

-Dist.Court signs a no-contact Order restraining "R"espondent from entering "P"etitioner's workplace.

-P. works as a custodian at the Superior Courthouse where P.vs.R.'s Divorcew/child matter is heard.

-Both P.&R. are ProSe litigants.

-P.... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

Publicly posting information about your case--such as a confession or description of action--can be used against you in Court. No one should post this level of detail online.

As with all protective orders, the terms of the order must be strictly followed. There were other options such as...
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2 Answers | Asked in Criminal Law and Constitutional Law for Washington on
Q: An inmate in the county jail Yakima Washington wants me to be his POA to negotiate a plea bargain for him

His assigned counsel refused to submit his written counterplea before the prosecutor's deadline to either accept his plea and sentence or he would add more charges to his cases. He will submit a limited POA notice to an attorney who will make me his legal POA for negotiating a better plea. I... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Aug 18, 2021

It is not smart to have a person talk with prosecutor's about a possible resolution to criminal offenses without being an attorney AND not the attorney that will trying the case if it is to go to trial. The person NEEDS to be an attorney first of all, I wasn't sure if this person with a... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Washington on
Q: The right to travel does that mean it is legal to drive without a driver's license?
James Laukkonen
James Laukkonen
answered on May 19, 2021

Having a right to travel does not mean that you have a right to drive a car. You can travel by walking, by riding a horse, or by many other methods that do not involve cars. Driving a car is a privilege, and all states regulate that privilege.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Washington on
Q: Trying to have my over 15 year old records sealed and esponge so I can own a fire arm again to protect my family and my

How much is it going to cost and how do I file federal statutes of limitations is way ben up

Jennifer Melissa Azure
Jennifer Melissa Azure
answered on Feb 6, 2021

Restoration of your firearm rights, vacating, sealing or expunging your record can all be done in Washington State, but definitely depends upon your history. You can complete the firearm restoration in either the county where the offense was committed, or the jurisdiction you are currently living.... View More

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Washington on
Q: Does an officer have to have a provable reason to pull u over

Case Description: So I had been driving home from getting my daughter and got lit up by a sheriff. I was about 100 yards from my driveway so I made the decision of not stopping right away and continuing to my driveway so my car wouldn’t possibly get towed and my daughter would have to be stuck in... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Jul 11, 2020

They don't have to prove beyond a reasonable doubt that you committed an infraction or something to pull you over. But there has to be a reason that they can explain and have some testimony towards the reason(s). For example, he could be saying I saw that this vehicle was traveling over the... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for Washington on
Q: What to do when there is entire county of corrupt cops and i cant report elsewhere because its outside of specific count
Cristine Beckwith
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Cristine Beckwith
answered on Jun 6, 2020

In certain cases, when it can be proven to the court that a certain jurisdiction would not be able to hold a fair trial, a motion to change venue could be granted. We would need to speak with you so we can get additional information. Please feel free to contact us at 253-238-8273.

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: Is a k9 sniff probable cause to seize a vehicle, from Wal-Mart parking lot?

While customers are shopping inside Poulsbo Wal-Mart, an office is outside looking in the windows of parked cars. If he feels necessary he brings his K9 out to sniff. If his K9 "hits" he has the vehicle taken to police station, then applies for warrant.

Patrick Owen Earl
Patrick Owen Earl
answered on Jan 14, 2020

Officers can look into cars and if they see something in plain sight that is suspicious they have the ability to investigate. So I haven't researched this issue but it is one looks on its surface that it is fine but I would be interested in what the case law says about it. However, you will... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Is there an available attorney to assist on a contingent civil matter for Everett, WA?
Tim Akpinar
Tim Akpinar
answered on Dec 15, 2019

It could depend on what the matter is. Your question remains open because this is more of a question & answer board than a lawyer referral service. You could go to the Find-a-Lawyer tab above to the left and look for lawyers in your area and in the legal area involved. If it involves an... View More

1 Answer | Asked in Constitutional Law, Intellectual Property and Small Claims for Washington on
Q: So if someone who I live with who I have no relationship to, violates my 4 amendment right, can I create a case?
Tim Akpinar
Tim Akpinar
answered on Dec 4, 2019

The Fourth Amendment applies to unlawful searches or seizures on the part of the government. Your situation sounds like a civil matter between two individuals. Keep in mind that whatever legal remedies might be applicable here that a Washington attorney could advise about, it could be... View More

1 Answer | Asked in Traffic Tickets and Constitutional Law for Washington on
Q: So I am correct a driver's license is not required for driving my vessel?
Stan Glisson
Stan Glisson
answered on Aug 1, 2019

Not a driver's license, but a boater's license is required (for most people, depending on your age).

https://boat.wa.gov/BoatersCard.asp

2 Answers | Asked in Criminal Law and Constitutional Law for Washington on
Q: can i own a firearm if i have stayed out of trouble from 3/7/2006 with a vucsa : possession w/intent to manufacture

no violations on doc plus

I now have a job with Boeing and have been a contributing member of society as I learned from my mistakes and have a wife and kids whom I would very much like to be able to protect legally if the situation should ever occur where I need too? Lets hope it never does...

Jennifer Melissa Azure
Jennifer Melissa Azure
answered on Jan 18, 2019

You cannot possess a firearm unless you have had that right restored by a court of law. However, if you have no other history, based upon those charges and the length of time, you may very well be eligible to restore your rights pursuant to RCW 9.41.047 Restoration of possession rights. Best of... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Washington on
Q: Is it constitutional to require urine analysis upon demand prior to being found guilty?

Is it unconstitutional for a court to put stipulations upon a persons before they're found guilty by jury of their peers

Stan Glisson
Stan Glisson
answered on Aug 23, 2018

Generally yes.

"the trial court erred when it determined that Wilson was unlikely to appear for future court dates and, accordingly, such a finding cannot support the trial court's imposition of weekly UAs for Wilson."

State v. Rose, 146 Wash. App. 439, 451, 191...
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1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: can an off duty cop from a neighboring county detain me and run my name then search me? Isn't that an illegal search?

the cop was on his way home and just happened to live in the neighborhood, a couple blocks from my house. when he ran my name it came back that i had a warrant out of another county (neither the county that i was in or the county that the cop was from). when it came back that i had a warrant he... View More

Jennifer Melissa Azure
Jennifer Melissa Azure
answered on Feb 19, 2018

The easy answer...It depends. A licensed law enforcement officer is authorized to perform their duties even when they’re off duty. These cases are highly factually specific. It depends upon the contact that was made and the situation that surrounded that initial contact. So when that officer ran... View More

1 Answer | Asked in Personal Injury and Constitutional Law for Washington on
Q: Can I sue Walmart?

Last summer I was arrested for a crime that occurred at a Walmart store.I told them I didn't do it but the clerk positively identified me. I was arrested and did a week in one jail where I was beaten up and my two front teeth knotted out I also had blood in my urine. Then I was finally bailed... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

May have claims against Walmart & against the jail.Contact the Washington State Civil Liberties Union, ask for the names of "cooperating attorneys " in their prison litigation unit.

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