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Forum: Arrests, Searches, Seizures Nov 22nd, 2014, 10:40 AM
Replies: 14
Views: 1,247
Posted By BOR
Re: Were my rights violated by the University of Notre Dame Security Police?

I agree with FIC, private police are not usually state actors. I did not search through IN law, but the bet is they are not under IN law.

Even if they were state campus police, you said you went...
Forum: Arrests, Searches, Seizures Nov 22nd, 2014, 10:27 AM
Replies: 4
Views: 163
Posted By BOR
Re: Is it possible to call a lawyer during the search

In executing a SW police have the right to detain ANYONE on the premises, see Michigan v. Summers.

This authority also permits them to "restrict movements" of anyone. so if they say no phone...
Forum: Civil Litigation Nov 18th, 2014, 01:53 PM
Replies: 6
Views: 115
Posted By BOR
Re: Who do I sue?

You can not sue a Prosecutor, absent rare facts, any civil suit must be directed at the girl. You can do a little research on Prosecutorial Immunity.
Forum: Other Criminal Law Matters Nov 18th, 2014, 10:34 AM
Replies: 3
Views: 82
Posted By BOR
Re: Can you get a restraining order even though you haven't been threatened?

Facially, probably not, try this, if she calls, texts, e-mails you etc. again, after you told her to stop, you probably have grounds to have the police take action;

In part;

7) sends repeated...
Forum: Civil Litigation Nov 14th, 2014, 12:42 PM
Replies: 4
Views: 149
Posted By BOR
Re: Civil Suit -- (the papers don't have my last name spelled correctly)

Misspelling of a name is a MISNOMER, a HARMLESS error, as it does not affect substantial rights. Ignore it if you want. I wouldn't.

Indiana Rules of Civil Procedure;

Rule 61. Harmless...
Forum: K-1 Fiance and K-3 Spouse Visas Oct 29th, 2014, 01:07 PM
Replies: 4
Views: 139
Posted By BOR
Re: new zealanerd in same sex relationship looking for visa

Tend to agree with FIC, one way to find out is apply and see if you are denied. Of course consulting an Immigration Attorney is the ideal way to proceed.

This area of law is very complicated...
Forum: Trials & Sentencing Oct 28th, 2014, 01:32 PM
Replies: 24
Views: 458
Posted By BOR
Re: No Public Defender allowed but jail time possible?

Thanks, even I, of course can be wrong, this is a message board, not a court of law, but for your post, if anyone has any case law abrogating the case I cited, cite it.

I have been rightfully...
Forum: Salary & Workers Compensation Oct 28th, 2014, 10:18 AM
Replies: 3
Views: 221
Posted By BOR
Re: Illinois - Union not doing its job

A Union must represent a member to the best of it's ability. I had a similar experience, the case of Vaca v. Sipes should control, but be forewarned, federal labor law is complicated. You would have...
Forum: Trials & Sentencing Oct 28th, 2014, 09:10 AM
Replies: 24
Views: 458
Posted By BOR
Re: No Public Defender allowed but jail time possible?

Some person sent me two BAD ratings on my posts 9 and 10, that is very odd seeing as I was correct.

Incredible.
Forum: Trials & Sentencing Oct 27th, 2014, 10:25 AM
Replies: 24
Views: 458
Posted By BOR
Re: No Public Defender allowed but jail time possible?

Just remembered it.


Scott v. Illinois - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Scott_v._Illinois)

Edit;

Here is the case itself. Even if a jail penalty is...
Forum: Trials & Sentencing Oct 27th, 2014, 10:22 AM
Replies: 24
Views: 458
Posted By BOR
Re: No Public Defender allowed but jail time possible?

They can't, the USSC has ruled IF a PD is not appointed, absent of course of showing the defendant is indigent, NO jail time can be given. I can't remember the case in my head but will look.
Forum: Other Criminal Law Matters Aug 16th, 2014, 09:33 AM
Replies: 4
Views: 222
Posted By BOR
Re: Jail time... misdemeanor charge but not arrested?

If it was not committed in their presence, then generally they would have to secure a warrant for arrest, but likely issue you a Summons/Citation instead.

By your post it seems that it was not...
Forum: Other Family Law Matters Aug 12th, 2014, 10:41 AM
Replies: 14
Views: 388
Posted By BOR
Re: prior abuse and statute of limitations

Out of curiosity I looked that up, it has absolutely NO bearing on the issue at hand assuming the tort was commenced in FLA.


Any 1st year law student would know that. Do not purport to be an...
Forum: Other Family Law Matters Aug 12th, 2014, 10:17 AM
Replies: 14
Views: 388
Posted By BOR
Re: prior abuse and statute of limitations

There is no such thing as being licensed to practice in ALL federal courts.

Also, not talking about CO, but there are tolling issues that arise from the "date of discovery" such as Mesothelioma...
Forum: Other Criminal Law Matters Jun 27th, 2014, 11:18 AM
Replies: 4
Views: 255
Posted By BOR
Re: Open Beverage Affecting Employment?

Municipalities can NOT enact Felonies, period.

Infraction indicates the lowest level offense, and likely not even classified as a misdemeanor.

Generally, and Infraction is money fine only...
Forum: Traffic & Speeding Tickets Jun 13th, 2014, 12:08 PM
Replies: 5
Views: 320
Posted By BOR
Re: Video / audio taping MY OWN traffic stop

Greg, I just remembered the Darrow case out of Missouri, you might find this cool!

http://www.aclu-mo.org/download_file/view_inline/984/413/
Forum: Traffic & Speeding Tickets Jun 13th, 2014, 11:52 AM
Replies: 5
Views: 320
Posted By BOR
Re: Video / audio taping MY OWN traffic stop

He said it would be mounted or a cell phone, so I do not see how that would be obstruction for not obeying a command to stop.
Forum: Other Criminal Law Matters Jun 13th, 2014, 11:48 AM
Replies: 5
Views: 218
Posted By BOR
Re: How to legally stop harassment

This case has absolutely NO bearing on the question posted.
Forum: Arrests, Searches, Seizures Jun 2nd, 2014, 11:06 AM
Replies: 8
Views: 520
Posted By BOR
Re: Theft or Seizure

Permitted, as they had a legal right to be there from the pursuit, and running a VIN is NOT a search under the 4th AM.



Trying?? Did they?



I don't know why a car hauler...
Forum: Arrests, Searches, Seizures Jun 2nd, 2014, 11:00 AM
Replies: 8
Views: 520
Posted By BOR
Re: Theft or Seizure

The 4th Controls here, NOT state law.





NOT applicable here.
Forum: Government & Administrative Law Jun 2nd, 2014, 10:52 AM
Replies: 25
Views: 8,949
Posted By BOR
Re: Is compulsory jury service constitutional?

No State forbids it, as it is not forbidden by the federal constitution;

At p. 333;

"It introduced no novel doctrine with respect of services always treated as exceptional, and certainly...
Forum: Hiring, Firing, Wrongful Termination May 6th, 2014, 09:56 AM
Replies: 15
Views: 5,863
Posted By BOR
Forum: Other Labor Law Matters May 6th, 2014, 09:51 AM
Replies: 5
Views: 364
Posted By BOR
Re: manager harrassment?

Get a medical note saying you need this and present it to the corporate HQ, also send an email with the same wording as the letter.

Corporate may have a different view then if a medical backup is...
Forum: Insurance Issues May 6th, 2014, 09:45 AM
Replies: 13
Views: 968
Posted By BOR
Re: Car accident... I am being sued by State Farm

IF you were not under the influence of drugs or alcohol, etc., 11 USC 523 permits such damage to be discharged, if I read it right.

Consult a Bankruptcy attorney as soon as possible. Their...
Forum: Other Criminal Law Matters May 3rd, 2014, 09:30 AM
Replies: 8
Views: 310
Posted By BOR
Re: girlfriends mom making threats

You do NOT live in Ohio, therefore it is an INTERSTATE matter, meaning the U.S. Code takes over jurisdiction, and that means under 18 is jail bait, cease and desist before you get in too deep...
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