Constitutional Legal Questions

This is an EXCELLENT question. The evidence of a dog's scent is permitted under the doctrine of the plain view exception. The first case on this held that a policeman seeing evidence of crime through the window of a car or a home removes the warrant requirement of the constitution. The reasoning behind this is the expectation of privacy, if incriminating evidence is hidden from view, the shade is down or its under a blanket, a warrant to search is required because you have an expectation of privacy because what you are doing is NOT in plain sight. So the dog situation is under the plain view exception because the dog can smell what is in the air, in plain view of their nose so to speak. But if they have to bring the dog into your home or car to make the discovery, then a warrant is needed.   Best of luck to you and I hope that you never have this area of law affecting your life.  ... Read More

The short answer is yes, you can possess a gun but, if your husband can be shown to have ANY access to the gun he can be charged and so can you: as an accessory. If you have a gun in your home, it must be secure so that only you have access to- a gun safe with a combo only you have or a biometric locking system are the only way to do this. Anything else can trigger legal jeopardy to you. He must never touch or handle the gun for any reason. Good luck and be careful.... Read More

Anybody can sue for anything, but respectfully you have no case.  Except for a single provision (prohibiting slavery) the U.S. Constitution does not restrict the actions of private citizens, only the actions of the government ("Congress shall make no law ... .").  Thus, for example, the government can't stop you from dressing pretty much any way you want, because the First Amendment protects your right to do so, but a private employer can enforce a dress code in the workplace, or refuse to do business with you (e.g. "No shoes, no shirt, no service.") ... Read More

Only your parents have the right to assert a claim against the school on your behalf, you are still a minor. There is not a powerful First Amendment case to argue here- the school has a right to have a dress code and enforce it. The imposition on your fundamental rights is minimal. While PLAYBOY is not pornographic itself, it is the most well known adult entertainment brand in the US; the request you not wear it again was reasonable and reasonably handled. On the facts, the directive did not unfairly target you or your rights in a way that triggered protection for you as a protected class or unfairly discriminate against you as a class.  best advice: study hard, become a lawyer, change the world good luck... Read More

The short answer: you really can't fight city hall. If the city posted the ad, and they almost certainly did, they win. The notice they posted is probably adequate and all they have to show is adequate notice. Everyone knows their lawn has to be cut. If you did try to actually litigate this, the costs would be prohibitive, perhaps as much tens of thousands of dollars with every judge hearing the matter not wanting to overturn precedent and wondering why you just didn't mow the lawn. You would likely first have to extinguish all legal rights in state court, if you win at any level they will appeal and it will just cost you more. The likelihood of success is too low.   Best of luck to you.... Read More

A grandfather clause is a clause exempting certain classes of people or things from the requirements of a piece of legislation affecting their previous rights, privileges, or practices.  The rest of your question is irrelevant to the definition.  Are you currently suing for your injuries?... Read More

You are asking complicated questions without giving an actual fact-pattern. Your questions require not only more factual information, but a review of all of the operative documents: the contract, the change order, the commissioning services agreement, if any, the relevant correspondence, etc.- and also the Federal Aquisition Regulations. If you would like to provide additional information I would be happy to answer your questions. ... Read More

There are limitations on when the police can search your car and your home.  For your car, they need probable cause, either see you committing a crime, see contraband or a weapon or other evidence in plain view, or have another probable cause basis before they can search your car. For your home, unless there are exigent circumstances, hot pursuit, a valid emergency or something of the sort, they need a search warrant, unless the owner or legit occupant of the home consents to the search.  If you were arrested without probable cause, and then released without charges, you may have a civil claim. ... Read More