Questions answered by David Wesley Hiller

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If i overhear a crime taking place over a phone call with a friend, can my testimony, as to what i heard, be used in court?

David's answer | Answered on January 30, 2015

I think you're right. First, the privacy laws in California only relate to conversations where there is an expectation of privacy. Going up to...

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Are acts that are unlawful under the ADA and the Unruh Civil Rights Act shielded by the litigation privilege?

David's answer | Answered on January 16, 2015

I think you have to be more specific about what these communications relating to judicial proceedings are to get any sort of answer, and even then...

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Employee is secretly taping conversations and meetings

David's answer | Answered on January 15, 2015

California has some wiretapping laws on the books that make it illegal to secretly record conversations, with both civil and criminal penalties. ...

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If I live that is rented out to separate families can Probation search the other units even if they are marked as separate units

David's answer | Answered on January 14, 2015

If you're just visiting a house, the police shouldn't be able to search it just because you're on probation.

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Would this be considered sufficient grounds for a defamation of character?

David's answer | Answered on January 12, 2015

It doesn't sound like a defamation claim to me but you might sue for invasion of privacy and under California's wiretapping statues for them...

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Unlawful Detention in Moreno Valley Ca?

David's answer | Answered on January 12, 2015

The officer really should need reasonable suspicion that you have a weapon in order to pat you down, not just that you're engaged in generally...

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What is statute limitation to file federal court for violation under color of law denying due process of a Judges actions in LA?

David's answer | Answered on January 08, 2015

You actually can't sue a judge under 42 USC 1983, the Supreme Court decided that in a case called Stump v. Sparkman in the 1970's. If you want to...

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Is there a clause in the law that states if someone enters a residence not belonging to him to protect some one or prevent harm

David's answer | Answered on December 13, 2014

For burglary, you have to enter the residence to steal something or commit a felony, so if you're entering to help someone, then it wouldn't be...

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Do the police have to show you their arrest warrent at the door before entering ? The person doesn't live here ..warrent is for!

David's answer | Answered on December 13, 2014

You don't have to consent to the search. Tell them that they need to get a search warrant on top of the arrest warrant if they are going to search...

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On Summary Judgment, my burden as the plaintiff for an Unruh claim, would I have to show intentional discrimination?

David's answer | Answered on December 09, 2014

I agree with Mr. Chen that you only have to show a triable issue of fact and not prove intentional discrimination for the court to deny the MSJ,...

David Wesley Hiller's Answers (419)

If i overhear a crime taking place over a phone call with a friend, can my testimony, as to what i heard, be used in court?

Are acts that are unlawful under the ADA and the Unruh Civil Rights Act shielded by the litigation privilege?

Employee is secretly taping conversations and meetings

If I live that is rented out to separate families can Probation search the other units even if they are marked as separate units

Would this be considered sufficient grounds for a defamation of character?

Unlawful Detention in Moreno Valley Ca?

What is statute limitation to file federal court for violation under color of law denying due process of a Judges actions in LA?

Is there a clause in the law that states if someone enters a residence not belonging to him to protect some one or prevent harm

Do the police have to show you their arrest warrent at the door before entering ? The person doesn't live here ..warrent is for!

On Summary Judgment, my burden as the plaintiff for an Unruh claim, would I have to show intentional discrimination?