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  1. Right! I was on lawyers.com for a while and as with MOST sites, it is the "gang up" effect, if a newbie challenges an oldie even if the oldie is 100 % wrong, the gang supports them, I am sure you know clydesmom over there, pathetic answers, yet mine were always a joke to them, especially the great LynnM, masquerading as a lawyer for 10 years, I bet you didn't say crap to her for her pathetic answers. Anyway. I have no desire to come back here, since you also think I'm stupid also like Fallen.
  2. Tax, why you always ragging on Fallen, that gets old reading your snipe more. If you are tax counsel over on lawyers. com, you mean to tell me those "responders" over there are any better, that's a joke man.
  3. The 4th AM permits it though, even for an offense punishable by only a money fine. In Ohio cities are free to have such minor offenses arrestable but how often that happens is not known!
  4. The main question I see, is the authority to serve it, if she can, and what I found says NO, how did she enter the home where you were, by consent, did she come in as a guest and with no mention of a warrant? Did you comply? Yes or no, and there or at the station, etc? You can bring these elements up to your Attorney
  5. I seriously doubt your aunt has statutory authority to execute (serve) a warrant. That needs to be looked into. Ask her by WHAT legal authority she can serve you? Did you comply? This needs to be addressed to the Chief law judge.
  6. Your "Presumption" he has no arrest powers is just that, a presumption. You can challenge his authority in Court, plead not guilty and assert that defense.
  7. Use of a persons "Image or likeness" is generally related to a commercial/profit element. Depending on HOW it was used, other torts may be applicable. Consult an Attorney.
  8. If you quit out of fear for your safety, no doubt unemployment will be awarded. This may be what is called an "Intentional Tort", at least in Ohio, such can remove the WC aspect and you could be able to sue outside that venue. If I remember right, BOTH can be utilized for redress (meaning legal compensation). You need to schedule an appointment with a Worker's compensation attorney, the initial consultation is usually free. Best of luck!
  9. If the detention were UNconstitutional, you might have a stronger argument, however, since it appears legal it is still up to the trier of fact to assign weight to it or not.
  10. I am at the library and cannot paste for some reason, but key in and review the case below. I am from Ohio and am familiar with Robinette. While the de minimus detention to ASK if he had contraband in the car, even before the ticket/warning was issued, was determined constitutional (internal quote), compare paragraph one of the syllabus concerning a SERACH. This case may help you review other cases. State v. Robinette 80 Ohio St. 3rd, 234 (1997)
  11. When I said THAT, I meant what # is it, I know what the word quota means. 10 tickets a week, 20, give me facts.
  12. I will adress the SEIZURE 1st, the stopping of vehicles, quoting from Indianapolis v. Edmond; ...Of course, there are circumstances that may justify a law enforcement checkpoint where the primary purpose would otherwise, but for some emergency, relate to ordinary crime control. For example, as the Court of Appeals noted, the Fourth Amendment would almost certainly permit an appropriately tailored roadblock set up to thwart an imminent terrorist attack or to catch a dangerous criminal who is likely to flee by way of a particular route. See 183 F.3d, at 662—66... Compare, Illinois v. Lidster. The SEIZURE may be constitutional, may not be! As far as the SEARCH, the cars are definitely SEIZED, and thus a person would not feel "free to go", therefore the statement by police to open thier trunk would seem a COMMAND, more than compliance is optional. Same analysis with the search, may be legal may not be legal. In my opinion, both were not, more then they were! Sorry moderator, hit "report post" instead of edit! Do not know if it went through!
  13. Because an arrest, as you know requires PC. To repeat, simply because an offier has PC to arrest and or cite, does not give him a blank check on the time to complete it. ANY Terry Stop based on RS that is extended beyond a reasonable time to complete business "can" turn into an arrest, and if no PC existed in the 1st place, then there is a problem.
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