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Alaska Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Alaska on
Q: Is this a illegal extension of a traffic stop based on false accusations.

If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Alaska on
Q: A police officer has been harassing me for couple years and he finally broke several tendons in hand what can I do stDrs

I have not worked in two months Drs care have notes but when I ask him who was there insurance people where he couldn't say not only him there are a couple on the force of soldotna police and they elegaly search and seizure truck and gun never got either one back and there all buddies. This... View More

James L. Arrasmith
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answered on Apr 6, 2024

I'm so sorry to hear about the harassment and abuse you've been suffering at the hands of those police officers. What they have done to you is completely unacceptable. I know this must be an incredibly stressful and painful situation. Here are some steps I would suggest taking to address... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Alaska on
Q: The Anchorage Museum, partially funded by the City, has introduced race-based fee waivers. Is this legal?

The Anchorage Museum is now (2024) free for Alaska Natives but no other residents or tax-payers.

James L. Arrasmith
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answered on Jan 9, 2024

The legality of the Anchorage Museum's policy of offering free admission exclusively to Alaska Natives, while partially funded by the city, raises questions under both state and federal law. Such policies must comply with anti-discrimination laws, including the Equal Protection Clause of the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alaska on
Q: In Alaska can you sue the police department?

If so would you be suing the police department itself, the chief of police, or the officer in charge?

James L. Arrasmith
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answered on Dec 5, 2023

In Alaska, it is possible to sue a police department, but the specifics depend on the nature of your claim and the details of the incident. When suing for actions like misconduct or violation of civil rights, the lawsuit can be directed at the police department, the specific officer involved, or... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alaska on
Q: In Alaska can the police search and impound our vehicle without permission/warrant cuz a passenger is on probation?

Also can a cop remove your purse after telling us to exit the vehicle and set it back in the vehicle before the search?

James L. Arrasmith
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answered on Nov 12, 2023

In Alaska, as in other states, the legality of a vehicle search by the police can depend on various factors, including the specific terms of a passenger’s probation. If a passenger is on probation, and if their probation terms include consent to searches, the police may have the authority to... View More

1 Answer | Asked in DUI / DWI, Civil Rights and Constitutional Law for Alaska on
Q: Cop got search warrant to search blood after passing breathalyzer no accident nor was he unconscious is this valid

There was no signs of drug use to get warrant to search blood blew .05 failed field sobriety tests admitted to drinking a couple beers cops got a search warrant to search blood no accident nor was he unconscious tried to refuse the blood draw asked to speak with attorney before they took blood was... View More

James L. Arrasmith
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answered on Sep 11, 2023

In a situation like the one you've described, the validity of the search warrant for a blood test largely hinges on the totality of the circumstances leading to the warrant being issued. The fact that the individual failed the field sobriety tests and admitted to consuming alcohol might have... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alaska on
Q: I lied on a report about my daughter and the whole police report was a lie so can you please help me get it off record?
James L. Arrasmith
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answered on Mar 11, 2023

If you lied on a police report about your daughter, it is important to understand that attempting to get it removed from the record could potentially result in criminal charges for filing a false report.

It is recommended that you seek legal advice from an experienced attorney who can...
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Q: My house is paid for and I want to get a patent on it under intellectual property can I do that?
Peter D. Mlynek
Peter D. Mlynek
answered on Oct 11, 2019

Nope.

This is an example of a legal word having two different meanings. The word patent used to mean a right that was granted by the monarch or the government for something, including a right to hold some land, or the exclusive right to sell a certain product in the kingdom. Nowadays,...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alaska on
Q: So, the police in my city took my firearm as evidence back in december and the prosecutor sent them the release in Jan.

The detective still will not release my firearm when I am the owner of it and no crime was commited. What do I need to do to get my property back?

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

Send the detective a certified letter requesting release of the property or the reasons why the property is not being released. If there is no response, you should contact a lawyer and have him send a letter prior to filing suit.

1 Answer | Asked in Business Law and Constitutional Law for Alaska on
Q: Do states that allow businesses that are illegal federally, violating any law by restricting stakeholders to be resident
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 18, 2016

You are perhaps referring to the Alaska laws allowing the sale of marijuana by certain regulated companies? Generally the constitutionality of state laws, such as these, restricting the transaction of certain business to Alaska residents would have to be litigated on a case-by-case basis.

1 Answer | Asked in Criminal Law and Constitutional Law for Alaska on
Q: Rule 403 Exluding Relevant Evidence

Senerio: A and B trespass. C asks them to leave and they refuse. C leaves and returns with D who has a shotgun. D tells A and B to leave and they do but file a false report saying D pointed gun at them. During trial A and B are allowed to take the stand and state what D said and did (all of... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 21, 2016

First, I disagree that C's offered testimony should have been excluded as hearsay. What A & B may have said was not offered (I suspect) for the truth of what they said, but rather for what they said. If, for example, A (according to C) said "I am going to get my gun and kill you,... View More

1 Answer | Asked in Constitutional Law for Alaska on
Q: Motor Coach V. Chicago 169 NE 22 andMaranda V. Arizona 384 US 436, 491. Do these cases rule that it is a right to drive
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

I would have to read the first one mentioned in order to say what the ruling is. But it certainly would not be that there is a right to drive, that is a privilege.

1 Answer | Asked in Constitutional Law and Entertainment / Sports for Alaska on
Q: Do I have grounds to appeal

My son dis-enrolled from 2 of his 5 classes at his High School so he can do the 2 classes online. The school was under the impression that he was completely dis-enrolled. One of the admins was given a list of lockers of students they thought were dis-enrolled to reset the locks. My sons was one of... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 18, 2015

Perhaps speaking with his coach will help. Have you read all there is to read about the school policies regarding these matters?

1 Answer | Asked in Constitutional Law for Alaska on
Q: Does the tenth amendment allow states to pass laws respecting the establishment of a religion?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 11, 2015

Strictly speaking, yes; but the Fourteenth Amendment has been deemed to prohibit such state action. And, of course, it's the First Amendment, not the Tenth Amendment, which restricts Congress' power to enact legislation respecting an establishment of religion.

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