Title: (X-Post r/AskNYC) Landlord hasn't been paying water bill.

Question: I am a college student and I live with 8 college students in a house near Fordham University. We received a letter from NYC Environmental Protection and one of my roommates (a foreign student from China who didn't know that it's illegal to open other peoples mail) opened it and discovered that our landlord is 6 months overdue on a ~$3000 water bill. Should we be worried that our water will be shut off? It is stated in our lease agreement that utilities are included in our rent. Any advice on what we should do moving forward?

Answer: You should forward the letter to your landlord. If the water is cut off, that's almost certainly a breach of both the habitability of the house and of the lease, and you would be able to leave without penalty.


Title: Can a free item giveaway game be considered a lottery and be illegal?

Question: I sell things and was thinking of adding a bingo cage like device with different color balls.  Anyone who buys 20$ of merchandise gets a free spin. All balls reward a prize but rarer colors reward more expensive prizes.  There is no pay to play, only for those buying merchandise.  Prizes range from 1$ to 30$.  Is this considered a lottery? (Which is illegal in some states)

Answer:
 >There is no pay to play, only for those buying merchandise.

Isn't that pay to play?  Because it's not free to play.  Answer #2: You have (1) prize (obviously), (2) chance, and since you have to buy $20 worth of stuff (3) consideration. You need to not have one of these in order to escape the lottery rule.

As applied, it's a lottery. I think there's an issue as to whether the chance prong is triggered because everyone wins, thereby potentially making this legal. I'd research that, instead of the consideration prong, which is clearly met.


Title: Does a "No Trespassing" Sign constitute probable cause?

Question:
According to this article:
http://www.dailykos.com/story/2015/01/17/1358311/-A-Uniformed-Police-Officer-Entered-My-Home-Without-Knocking-And-You-Won-t-Believe-His-Justification
posted to r/Libertarian, a man was told by a California State Trooper that it does. Is this true?

Answer: No, it doesn't.  That being said, I don't believe that story at all.


Title: Traffic accident 1 year ago, no report filed; suddenly sent $1,000 bill to old address.

Question:
Hi there,

I was a recent transplant to MA and had a very minor traffic accident backing out of my driveway in January of last year. My driveway didn't have good visibility, and compounded by the mounds of snow on the ground, I was always very careful when pulling out onto the well-traveled street. One morning I had a small run-in with a woman, thinking nothing of the incident and not seeing much damage we agreed to exchange contact info and sort it out later. No police report filed, that I know of.

As I remember, over the next week we exchanged info and she told me because the car was a lease, they'd need about $400 to change the bumper. At this point I started asking around, my roommate had told me that he had a similar accident in which the insurance company determined that because he was in the street enough for the person to swerve he wasn't at fault. I examined the scene and recreated it with my car, determining that due to the location of the bump I was at about a 45 degree angle and starting to head straight. When I told this to the woman she put her husband on the phone, I explained to him what I thought had happened and he stated that he was driving ahead of her and had witnessed the accident (I never saw him or anyone else pull over) and that I had clearly hit her. I told him then we should let the insurance companies figure it out, and he angrily hung up.

Now, 13 months later, my parents received a letter from a collections agency saying that I owe $1000 for the damage. I have a different insurance and am registered here now, and my old insurance never tried to contact me. Not sure who the letter is from as I have not seen it, but I imagine it's a collections agency.

 I truly believe I was not at fault but didn't bring it up to insurance because I didn't want the hassle of getting everything fixed when people in MA hit parked cars all the time. What I'm liable for and what I should do? What happens if I ignore the letters?

EDIT: found out who the letter was from.

Answer:
 >a letter from a collections agency saying that I owe $1000 for the damage.

Ask them for validation of the debt. If you never received a judgement against you or a bill from an insurance company, it *might* not be collectible.


Title: Father has Early onset Dementia. Mother doesn't really care for him anymore. Living between all of this.

Question:
Edit: I am from Pennsylvania
I don't even really know where to begin. Prior to the diagnosis my parents didn't get along. I want to say he is probably in stage 2 or 3. He still has his license which I disagree with but it seems they won't take his license away until he has a fender bender I believe.

Also I am pretty sure that my parents house is in both of their names. I am also pretty sure that my father is in debt. However both my parents money is separate and my dad would never talk about his finances. He also is wasting a decent amount of his savings at a strip club. (irrelevent)

I just don't know whats going to happen if they don't get a divorce and he has to go into a nursing home. Will our house be taken away if he has no money to pay for it?

I am so lost. I can't even really focus to write this. If you have anymore questions please leave them in the comments or inbox me and I will get back to you as soon as I can.

Thanks r/legaladvice

Answer:
 You need to know that Pennsylvannia has this messed up law that can make you responsible for paying for your father's care if he runs out of money. It could be 100% in your very urgent financial interest to get him to stop blowing cash at the strip club.

Here's an article describing the law: http://www.obermayer.com/blog/a-look-at-filial-responsibility-in-pennsylvania-and-new-jersey/Answer #2: You can go to the courthouse to check the deed records to see how the house is titled.

If it is in both of your parents’ names, then I think the worst that can happen is that Medicaid can put a lien on the property so that if your mom would ever go to sell it, then Medicaid would get the proceeds. But they won’t kick her out of the house.  Although to clarify, this is how it works in Ohio and I’m not 100 percent certain if that’s how it works in other states too.

Does your dad have other assets? It may be worth it to visit an elder law attorney to see if other assets can be protected without affecting his eligibility for Medicaid. Sometimes you can employ a family member as a caretaker and that is one way to spend down money without affecting Medicaid eligibility.


Title: How would you go about suing a sovereign nation?

Question:
A woman who works for the same company that I do tried to sue for medical expenses, but she was told that the place we work is a sovereign nation and can't be sued. It's owned and operated by the Choctaw Nation in Oklahoma, if that's any help.

Also for reference, I'm not planning to sue myself, I just wanted to know if there was a way TO sue. I found it to be odd that a sovereign nation is basically invincible to the law, and could do anything they pleased because of it.

Answer:
 She can sue in Choctaw courts, following their rules of law.

It is not the US. It is tribal land and tribal laws. Answer #2: They are not "invincible" to the law, but you would likely need an attorney who specializes in Indian law to assist you with a case.  As sad below, many topics of suit would fall under Choctaw jurisdiction, but there are others which may fall under U.S. federal jurisdiction.  It depends on what the issue is. There is also a concept even in U.S. law of "sovereign immunity" which essentially means that you can't suit "the government" but you can likely sue an agency or agent of the government instead.  That is a very complicated doctrine of law with a lot of exceptions and rules, so you would need an attorney to help you through that process.


Title: Protein Test Came back false positive for Syphilis Grifols Plasma In Iowa (Protein test is every 4 months FDA rules)

Question:
I went into my local plasma center to see if my protein was high enough to donate and they said it came back positive for Syphilis but when I seen the papers, it said positive next to RRR or whatever and under it, it said Negative for Syphilis, they said I am deferred for 12 months, even if it turns out to be a false positive I am still deferred, they want me to come sign papers but I dont there being fair and was wondering what I should do, should I talk to a lawyer? Should I get a lawyer to come with me to talk to them and to explain everything.
I dont know what to do because I know Im STD free, so should I contact a lawyer?

if I left anything out then please feel free to ask and I will answer

Topic:
Medicine and Malpractice

Answer:
 You have no right to donate plasma.  An attorney can do nothing for you.Answer #2: You can talk to the management of the plasma center to reevaluate your results.

You can't force them to take your plasma, though.

These places err on the side of caution, and yes, they might have made a mistake this time.  Mistakes happen.  Speak to people and get it sorted out, or go somewhere else.


Title: Is it legal for a business to threaten to shut down a store if they get word that even one employee is in a union there?

Question: I'm in Ohio, if that matters.

Answer:
 Yes it is a violation of the NLRA to use such tactics to intimidate and coerce any employee against the excercise of their rights to concerted action.Answer #2: Walmart did that shit in Quebec, Canada. Workers started up a unions, Walmart closed shop. Case went to the courts.

Store closed in 2005, ruling took place just a little while ago, against Walmart but almost 10 years later.

Also keeping in mind this is Canada we are talking about and Quebec specifically. Labour laws are respect and unions are liked. In the United States, there seems to be an almost universal hate for unions by the workers that would potentially benefit from it...Answer #3: It is illegal, but that doesn't mean that it won't happen often.


Title: So, I have this neighbor [FL]

Question: Let’s start at the beginning, sort of. The most blatant, recent item that comes to mind is the 4th of July, last year. It is 10 AM, and me, being an American guy, and disabled veteran, decided to light some firecrackers off in my driveway, with my kids. These were NOT anything special, but rather your grocery store variety. Meanwhile, the neighbor was mowing is grass. This neighbor’s lawnmower was louder than any firecracker that a grocery store could possibly be. Long story short, he came into my yard, in front of my children, yelling at me. I simply flipped him the bird, and walked inside, discontinuing our fun until we went elsewhere. Fast-forward. This dude now calls code enforcement on me for parking my car next to my driveway (single car driveway), and harasses my wife, (He and his DIL talk shit for no reason). Last Halloween as we were completing our lap around the neighborhood, we skipped his house, for obvious reasons. He and his grandson yell “you smell like garbage”. OK, that’s subjective, but our kids get bathed twice daily, and my wife and I hate “smells”. Whatever. Little jabs continue for the better part of a year. You know those little blue, plastic pools from Walmart? Well, we dumped ours today, like we do every few days. And refilled it. But, what do you know, our three year old thought the water straight from the hose was too cold. He SCREAMED, for all of about 30 seconds, until I took him in to dry off, and change into dry clothes. Half of an hour later, the cops show up, and say “is there a found child at this address?”, “no officer, all of mine are accounted for, and there are no extras”, “well XXXXXX said he found a kid at his front door”. Well, XXXXX is my neighbor, so I pointed them to his house. My backyard has a 6 ft privacy fence that no child under 13 could “escape” from. Low and behold, in our front yard, we overhear him telling the police that he hears us beat our kids on a daily basis. Police look at our kids, not a single mark on them, because none of them have ever been beaten. Sure, an autistic 8 year old screams, as does a 3 year old, and a 1 year old. They actually scream a lot, they tend to follow suit. When the police knock on the door, the 3 year old is actually super excited that they came to his house. XXXXX actually has a camera in his backyard directed at my home/backyard, invasion of privacy? I cannot afford to buy a second home right now, what are my options? My children and my wife should not be subjected to constant verbal abuse that we have tried to ignore. (BTW, this guy is a union worker, “unemployed”, and running a company on the side). How do we prevent harassment until I save enough money to buy another place far away from this asshole? Can we get a restraining order or something?

Answer:
 > what are my options?

Options regarding what? What is your legal question?

You have a PITA neighbor. Welcome to the club. He isn't doing anything illegal, nor are you.

Unless he is physically threatening you, you are unlikely to get a restraining order. Answer #2: Since he likes things reported....  The state may be interested in that side business if he is collecting unemployment.  His union may also be interested if he isn't using union labor or paying dues. Answer #3: Good fences make good neighbors.  Sorry that's all I got , being an annoying asshole is not illegal or actionable.


Title: Someone I know is buying life insurance policy for their 7 year old daughter,and is naming someone strange as the beneficiary.what would be the reasons for this?

Question:
(Texas)my SO's sister[F/37]just started a life insurance policy on her daughter [F/7]and we are getting very concerned about the reasons behind this.especially because we have  the primary beneficiary is her boyfriend that nobody has met and the mother has been talking about suicide and has been very distant from her family.ive had experience with family that is manic depressive and acquaintances that are bipolar-schizophrenic.that being said I see a lot of red flags here.what legal action can I take to ensure the childs safety??

[Update]thanks everybody for your help.i really appreciate it.
All of your comments made my SO and I feel better about our decision.
Thank you Redditors.

Answer:
 If you are truly concerned, call CPS. It will be up to them to decide whether it's worth investigating or not. From a mother's perspective, it is a little off putting to hear. Answer #2: >what legal action can I take to ensure the childs safety??

You personally? Nothing. Your SO can contact the police to do a welfare check on the sister, and if your SO thinks the child is being neglected or is unsafe, she can contact CPS.

The life insurance policy is, generally speaking, not your business. Answer #3: Has the insurance policy actually been purchased? I work in the insurance field and naming a beneficiary has to be financially justified i.e. what will the boyfriend lose monetarily should the child die? There are also rules set in place that the parent should have at least double the amount of insurance currently in-force (i.e. if they're insuring the child for $10K, mom has to have $20K currently). This may not even go through underwriting, but yeah, I'd call CPS Answer #4: How do you guys know the primary beneficiary is her boyfriend?Answer #5: Yeah that was my first instinct as well but I don't want to be the whistle blower for no reason.I'm a father myself so hearing about this kind of threw me off.i just hope that i don't make the wrong choice and end up messing up my relationship but it's also very scary to think what could happen if do nothing.


Title: Won in small claims. Unable to collect. :(

Question:
[NJ] A year ago, I won a small claims case for $1300. The defendant has not paid.

I've exhausted every legal action available: information subpoena, writ of execution, etc. and ultimately a warrant for arrest. Court staff/officers have confessed that these legal actions really don't do much as they are more of a scare tactic than anything else.

I would like to attempt a wage garnishment, but I don't know where she works or even if she's employed. I've tried our few mutual contacts and investigated via social media… no luck.

Most collection agencies won't bother because the amount is too small. But the one agency that did accept, hasn't accomplished anything.

I hate that this scum took advantage of my kindness. And as I've dug deeper, I discovered she's scammed at least two others as well.

Is there any way to recover my money? Or is this simply an expensive lesson learned?

Answer:
 It's not magic. Many judgements do go unpaid. Back in the old days when I was in private practice I won a judgment for almost six million dollars. And my client was counting the money. But the defendant had no money and wasn't likely to get any. And we never got a cent from him. So somewhere in the same ether as your money, a colossal douchebag owes me two million bucks in legal fees.

You can continue to keep trying to investigate. And you can continue to go to court to renew the judgment. I don't know what the time is in your state but you will need to know that. You can keep the debt out there for quite a while in case you find some money. Or,you could sell the debt completely to a collector. Anyway, it comes down to how much of your life you want to spend on it. I wrote mine off a long time ago.


Title: Bought home that fence line is past someone else's property for the last 30 years is not reflected in title. What are my options?

Question:
I bought my home last year that sits next to a green belt(the city won't zone it, nothing can be built behind my home, was purchased at a tax auction for almost nothing and I know the city wants to repossess the green built) the original owner of my home built his fence past the property line up into the green belt 30ish years ago.

The extended property (green belt) has been maintained and improved with the fence line. When the original owner put up the fence the owner of the green belt watched him put it up and said he did not mind since nothing can be built on it anyway.

The reason I ask is the green belt has big weed bushes that are pressing up against my fence and pushing it over. The owner of the green belt is not maintaining the property, and I want to report it to the city to see if they can do anything about it. However, I don't want to report this to the city and it to come back and bite me in the rear.

What should I do in this situation?

TL;DR: Adverse Possesion situation, what are my rights?

Edit: The property is in the state of Utah.

Answer: Have you told the owner that his bushes are harming you fence?Answer #2: It's not adverse possession. The prior owner of your property has permission from the other property owner.


Title: SO works in kitchen with gas appliances. A recent near-miss has me worried. What are my SO's rights?

Question:
My SO works in a kitchen and is also the first employee to enter the premises for the day. The kitchen equipment (ovens, stove-tops, grills) are all gas powered. SO told me of a recent incident that has me very worried and I want to make sure we know my SO's rights as an employee. We live in the US (Pennsylvania specifically), so OSHA applies (I checked out the osha sub, but that's just pictures of people doing stupid things at work).

Recently my SO went into work and noticed an odd odor. She wasn't sure what it was, and later found out one of the chef's working the night before had left one of the gas lines on the stove-top open. This situation could have turned tragic the instant she turned the lights on, but fortunately the gas hadn't built up that much inside the restaurant.

The management at this restaurant is lackluster, and I get the impression from my SO that there will be no investigation into this very serious near-miss.

What can my SO do in this situation? In a kitchen workplace utilizing gas appliances, is the restaurant obligated to install gas detection systems as part of the fire safety system? Can my SO request information from management on the details of the fire safety system?

**Edit**

For those who think turning on a lightswitch can't cause an explosion, [this video says otherwise](https://www.youtube.com/watch?v=Ocw6TZ5XVAo). This restaurant is in an old building. I don't expect all switches to be sealed.

**2nd Edit**

Forgot to mention, as part of my profession, I am very familiar with the portion of the US National Electric Code that details how to install electrical equipment in areas where combustible gas is or can be present (including natural gas and propane). You're really not going to convince me that turning on a non-hazardous rated light fixture through a non-hazardous rated switch won't cause an explosion. It is literally part of my job to know that it WILL happen, and know how to prevent it from happening.

Answer:
 Near-misses should be immediately reported to management. Management should record near-misses and create support systems to help avoid them in the future. If you report it, and nothing occurs and a near-miss turns into a workplace accident, the company your SO works for is open to liability.

I would recommend that she reports it. Hopefully management speaks with the chef in question.

>Can my SO request information from management on the details of the fire safety system?

She can request, but they are under no obligation to give it to her. If her workplace is shady, it may be time to find another workplace.


Title: Police searched my car because I had rolling papers.

Question:
While I was delivering for my job (pizza delivery) I rolled a stop sign, and got pulled over.

The officer noticed I had a package of rolling papers in my center console, and had me step out of the car and into the back of his so he could search my car. I told him I didnt consent to a search and he said that because I was arrested two years ago for a possession of marijuana charge that the rolling papers were probable cause for him to search it.

Kept me on a traffic stop with peoples "hot" food for 25 minutes and found nothing, just like I told him.

What's the legality of this search? I feel my property was unreasonably searched. Rolling papers are legal and I am over the age of 18..

Answer: Are you on probation for that prior arrest?


Title: Almost ex-wife threatening to ruin small business

Question:
NB: I'm posting for a friend who doesn't have Reddit. She and her almost-ex live in Pennsylvania. For the sake of simplicity, I'll post as if I am her (using "I" and "me", etc.).

<<I got married in August of 2015. Things went downhill pretty fast. Currently I live in an Airbnb; I moved out about a month ago. I have served her with divorce papers but she has not yet signed them. Since then I've received many threatening texts from my ex-wife, mostly regarding possessions, but recently she's threatened to ruin my online business.

I craft as a sidejob. Mostly woodburning. I sell on Etsy and I've built a pretty solid reputation. However, from what I understand, if my ex reports me for copyright infringement based on a couple of drawings she traced to help me, the site can shut down my shop and prevent me from using Etsy at all in the future. This is what she is threatening to do because she wants to ruin my reputation.>>

Is there anything my friend can do?

Answer:
 If your friend is violating copyright, then there's nothing he can do to prevent punishment for violating copyright.

If he's not, then he can protest any punishment with Etsy and can look into suing the ex or acquiring an order through the divorce process.


Title: [WI] I was given a citation for resisting a peace officer a few years ago, but now that I am trying to join the military, it comes up as an arrest?

Question: [deleted]

Answer: Citations count as arrests if they are misdemeanors


Title: What should I do before considering malpractice? Maybe getting an autopsy first? [New Jersey, USA]

Question:
My dad died of cancer this morning. My mom and I are considering doing an autopsy which will be about $400. So here's the backstory, my dad was diagnosed with cancer early June. Due to various up and downs he was finally able to get a stent put in and start chemo the second week of August.

The chemo he was on was very strong...very strong. While he was on it his hemoglobin dropped from 10.3-11.2 to 7.1-7.9. So the doctor suggested changing his chemo medication and using a chemo pump. I was unsure about this and ask my dad to get a second opinion. Our second opinion doctor suggested we keep on the medication but lower the dosage by 40%. Because he didn't want to divert from the actually medication for his type of cancer.

We went to the doctor and asked about it but he stayed firm on switching the medications. So my parents liked the guy and trust so they switch the meds. My dad felt great, but each appt I would ask them to get updates scans to see if the chemo is doing anything to the cancer. They would ask but the doctor kept pointing to how the tumor markers were going down.

I then came in and said I want an updated scan he mention the tumor markers but I stayed firm on the scan. So 4-6 cycles on the new chemo we got a scan, and the scan showed that the cancer was unchanged.

The scan really didn't matter because the next week started my dad's downward spiral. We were constantly in the hosipital, getting blood cultures, and blood tests. He was at the hosipital for about 5 days, and when he got out he saw his oncologist assured him that everything is fine because the tumor marker CA 19-9 went from from 3600 to 2000 (there was another tumor marker that was rising but he kept mentioning the one that was declining) so he told him to come back on Wednesday to get his chemo. Bare in mind he was at the hosipital for 5 days, wasn't eating right while there and dropped some weight.

After that chemo session his down spiral felt like a cliff. It was bad, he wasn't saying much, speaking words not sentence. He heart rate stayed at 125-135. His temp stayed around 99 degrees.

We took him the ER again this was three weeks ago. When we got there he was admitted and they ran tests and blood cultures they found an infection gram negative rods I think the called it.

But here's the thing that shocked us. They just looked at my dad's chest and felt it and pulled us aside and wanted us to consider goals of care because they said he was in bad shape. That the cancer is really bad. Mind you we never heard this from the oncologist. They did a ct scan and where the cancer has spread and how bad it really is. They mention is WBC being in the 20-30s. We were taken a back.

We thought it was misunderstanding. This was the first time they are seeing him. Because the oncologist knows his WBC has been elevated and has said it's because the cancer and that the tumor markers are down so we are on track.

I had a phone call with his oncologist that day before he was discharged to find out what the heck was going on. He told me he got the updated scans and that he's looking at his old one and they seem to be the same. That there's no real difference.

So the next day my dad was discharged and the following day he had his appointment with the oncologist. He told him that the scan looks similar he couldn't make the liver but he can do a scan for that in a week or two. Mind you my dad has been really confused and delirious at night and referencing things about his childhood as if it was present day.

He mention the tumor markers again and how it dropped to 400 and told me dad as long as he eats well we should be on track to start chemo again.

So to sound like a broken record a couple of days after this we go to the hosipital again. His hemoglobin is 7.3. We talk to the oncologist he says to take him to the hosipital where he makes rounds out at that he would have more pull there. My mom does it. The one I prefer at the second opinion doctor would take to long to get to since it's rush hour.

We head over there and they do chest xrays and everything and just tell us it's bad it's really bad. They really want us to consider goals of care. We told them what the oncologist said about giving him blood, a TPN, and draining his fluid again(the first drainage yielded 1.8 liters.)

So they are doing what the oncologist suggested all the while the primary doctor is telling me that I need to talk to my mom about goals of care. So after the blood, the TPN, and the drainage(only 60cc this time, because the fluid is in too many pockets) we start to consider goals of care because my dad is no longer talking just breathing.

The hosipital did the updates scans we wanted and what we found was an infection in the liver. The cancer just all over his chest area. And they ran blood work to let us know that his kidneys are starting to fail(it was 3.3). That his sodium, magnesium, potassium, and etc levels are out of whack. This was Sunday. Mind you we went to this hosipital and still haven't seen the oncologist.

On Monday he's creatine level was 5. Monday night we finally see his oncologist who says that goals of care was the only option. And consoles my mom. I was livid. My dad's friend was there and my younger brother. If I was there I don't even know what would happen. I got there a couple hours later but told my mom it would be best if I didn't see the oncologist ever again.

So my dad was gasping for air and just couldn't breathe right. He was just in this state. Not say anything, his mouth open, his eyes wide open so they mentioned comfort care so that's what we did he was on a 3ML a hour of morphine monday night and passed this Tuesday morning.

So now I want to do autopsy. I'm getting all his records, his scans, his blood tests, and I'm a going to meet the second oncologist so I can get a second opinion on everything that was done. Because this whole thing doesn't sit right with me.

So my question is should I do an autopsy too? Or am I good with just his scans and blood work? I don't know if this is malpractice or not but I want to make sure I have a record of everything just in case I need to do something in the future.
Topic:
Medicine and Malpractice

Answer:
 Your dad had stage IV pancreatic cancer, a disease that has a 2-year mortality of over 50%. How do you think most people with cancer die? I can guarantee you that at no point did the oncologist tell your dad the chemo was going to cure him, that would be idiocy. And for pancreatic cancer, the biomarkers are the best way to judge response, but even with chemo, you're talking about giving them a few more months of life, on average. And the high WBC count is irrelevant. And the chemo pump vs not is also irrelevant, you're basically arguing about whether it's better to buy a twelve-pack of beer or two six-packs.

Believe it or not, there's a reason why it takes 4 years of college, 4 years of med school, 3 years of Internal Medicine residency, and 3-4 years of oncology fellowship to be an oncologist, all the while maintaining extremely high grades and research output.


Title: Who is Legally Liable When Someone Commits Suicide? Los Angeles.

Question:
I run a forum for support with suicidal thoughts. I had to remove a post because someone was breaking the rules I created by asking how to commit suicide. People were telling him not to and giving support but I still had to remove it to protect the poster. Unfortunately we sometimes do get "troll accounts" that will egg on users. I sent a message explaining why and never heard back. Now today I received an email from his mother (apparently) saying I'm liable, threatening legal action. Jail time. Stating that I stopped him from seeking help and that if I would have left up his post then he'd still be alive. She linked this stating it was a federal crime: http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1343&context=llr *PDF

Do I need a lawyer? Is this illegal?

Answer:
 Yeah, a law review article from 1979 is not the best authority in the world.  And that article is about civil liability, not criminal.  (BTW, you should put a PDF warning on that link.)

If you hear from anyone, police or an attorney for the mother, contact an attorney before speaking to them.  I would not engage with the mother any further -- nothing good will come of it.

In either case it's a tough case for them to make, as it would require proof that but for your forum, the person would not have committed suicide.


Title: Letter of Investigation From The TSA - please help.

Question:
Arriving back to LA from Chicago I was headed to baggage claim. I guess the "no re-entry after this point" was at the top of the stairs. I went down the stairs, and at the bottom realized I had forgotten my camera equipment (worth about 5k) on the plane. I quickly went back up the stairs, and was not stopped by the TSA officer at the top, but a separate one maybe 12 feet from there. I was fully complacent and explained my situation. Fearing loss of my job over the possible loss of the camera, they eventually had me go back to Southwest, get a guest pass, and go to the plane to claim my camera. I never purposely tried to circumvent security, and I was honest and open about every move I made. Other than being a bit worked up and stressed over the possible loss of the camera, I was happy to let them do their job.

I received this letter today, claiming I am under investigation and could be fined up to $11,000. I don't have this money, and think it is absolutely crazy considering what really happened. Looking for advice on how to respond to my best advantage.

TL;DR = Unintentionally went past security and now under investigation of the TSA.

Link to letter: http://i.imgur.com/glED6m5.jpg

Answer:
 They're asking you for your side of the story.  You should probably provide it.

If you want to, get a lawyer and have him look over what you say before you say it.  You can also ignore it, if you want to.  But simply writing a letter, explaining the situation, as they're asking, is likely the fastest and easiest way to handle this.


Title: Can you use a credit card to pay off another?

Question: I had an Idea, if you get a monthly credit card with x amount of dollars could you max it and get a different credit card with the same ammout of dollars and pay it off, then continuously pay each card with the other, because if you could you could get quite a bit of money essentially free.

Answer:
 You can but it's a cash advance/transfer.

 You usually pay an up front fee and it usually starts earning interest right away. Can sometimes get free interest for a yearAnswer #2: It's called a balance transfer and there's typically a percentage fee when you do one. It's a common strategy for people to take advantage of introductory offers for 0% interest for the first 12-18 months but something like a 3% balance transfer still applies so it's not exactly a free loan.


Title: Can I put nanny cams in the public areas of my house without letting another resident know?

Question: I own a home in Sacramento, CA and live there with my SO. I think that I am being cheated on by my SO and one of my friends. Things have also been disappearing from the house. Things that I have not touched in years, but are now gone. I want to find out what is going on in my house when I am not there. I want to place some nanny cams in the public areas of the house and not tell my SO or my guests, including my friend. As long as I don't install them in the bedroom or bathroom, can I put them up anywhere else I want?

Answer:
 OP, could you put up cameras on the outside of the house? Ones that provide a view of who is approaching the door. That would likely be fine under the law.Answer #2: Recording someone without their consent, when they are in a place where they have some expectation of privacy (which would be the entire house when the SO is there alone) is definitely illegal, at least in NY according to Stephanie's Law, which prohibits nonconsensual recording of someone undressed or having sex when that person has an expectation of privacy.  This law applies to one party secretly videotaping their partner while having sex with the person doing the recording.  If one party doesn't know about it, it is very much illegal.

Imagine your SO or your friend casually walking through the living room half-dressed.  You could be in a world of legal trouble if you recorded that without your SO knowing.  I imagine even if there was no specific statue in your area to deal with this, a civil case would be easily made against you should your partner find out about the recording.

Get evidence through different means.  Better safe than sorry.  California is a two-party consent state for sound recording, so I imagine video recording to be even more restrictive.

Answer #3: Do they record sound?


Title: College wants to shut down my "porn" website.

Question:
At the beginning of the school year I thought it'd be fun to make a porn site. It was basically for me and my friends, not really even a porn site, just a giant meme. But the school, a California university, took it a little too seriously and I was called in for an alleged rules violation in November. The administrator said I couldn't have a business running out of university housing ( I live in the dorms), and I explained to him that my porn site wasn't really a business. We don't even have any real porn on our website. Well he understood, chuckled, and I was home free. Fast forward to present day February 2017, I get another call to meet with the same administrator. Apparently, someone who had received one of our "business" cards got offended and reported us to the Title IX office for harassment. The administrator reviewed the website again and found a donation button we have at the bottom of the page that we had already had on the website before our previous meeting. He says that this makes us a business. Our next meeting is in a few days and I need some advice on how to handle this. Thanks.

Here's the list of alleged offences:

102.11 Other Harassment: Physical, verbal, written, face-to-face, telephonic, electronic or other direct means of contact that a student knows or should know is unwelcome, is communicated directly to one or more specific students, faculty, or staff, and constitutes severe, pervasive, or objectively offensive conduct; and does not constitute speech protected by the First Amendment of the United States Constitution;

102.07: Violation of policies, regulations, or rules governing university -owned, -operated, or -leased housing facilities or other housing facilities located on university property;

102.03: Forgery, alteration, or misuse of any university, state, federal or other government documents, records, keys, electronic device, or identifications;

102.16: Failure to identify oneself to, or comply with directions of, a university official or other public official acting in the performance of their duties while on university property or at official university functions, or resisting or obstructing such university or other public officials in the performance of or the attempt to perform their duties. This includes student employees when performing in the course of their assigned duties;

Answer:
 Looks like you've stumbled upon the Unholy Trinity: federal compliance, student conduct, and things which could damage the reputation or brand of the institution.  What is the purpose of the next meeting?

Out of curiosity, did you use any institutional logos on the site?Answer #2: From what I can tell these are all offenses against the university per their handbook or code of conduct or something similar, and not actually legal charges.

/u/I_work_in_HIED would probably be of a lot of help here, but I'm currently under the assumption that schools have pretty broad latitude for punishing students for these kinds of things for as long as you are still a student.


Title: TN, US Underaged Girl is Blackmailing Me

Question: So, this is a bit of an awkard situation, but I met a girl online, and we talked for months, started getting "intimate", as much as you can online. I'll gloss over the details, but come up on a couple weeks ago, and she reveals she's 16. I immediately told her to leave me alone, and she responded by sending me nude pictures, along with a threat that if I didn't continue being "with" her, she'd tell her parents and the police. I blocked her after that, but she's managed to find other ways to contact me. I've blocked her every time, but each time she's beocme more aggresive, and I'm running out of ideas. What can I do to protect myself? I'm at the end of my rope.

Answer: It's a scam. Just keep blocking him. Also, don't get "intimate" with strangers online.Answer #2: It's a common scam.  Most likely there is no girl and you've been talking with a dude all this time.  I wager $10 that soon either her father or an investigator or someone like that will contact you and request that you send money by Western Union or MoneyGram to take care of this matter.Answer #3: Total scam.  Continue to block & ignore.  There's no girl.  There's no police.  There's no parents.  It's just some dude sitting in a call center in some foreign country running this scam for a living.


Title: Need legal advice of how to catch a thief who robbed my friend last night.

Question: My friend was robbed while she was in a club last night in Houston, Texas. The guy stole her phone and other electronics that were in the car.   The car was not destroyed or damaged, so he must be career criminal of sorts.   she had a tracker in her phone and found the approximate location of it.  Fortunately she was able to get it back without too much incident, but she was shaken up since she recognized the guy and he was soliciting sexual favors and money to get her stuff back.    She tried to get police involved, but they said they needed a warrant to retrieve her property.   So any lawyers or law enforcement with any suggestions would be greatly appreciated.   We have his name, an approximate idea of where he stays and his girlfriend's number if we can even use that.

Answer: Don’t be Batman. File a police report if you haven’t already, give them the evidence you have, and let them deal with it.


Title: Wife's car was hit by a company panel van, company is witholding insurance information

Question:
Scenario:

My wife was driving in the right lane of a 4 (2 lanes in one direction / 2 lanes in the other direction) lane road in downtown Seattle. There was a panel van (out on a delivery) in front of her that moved to the left lane and slowed down, immediately making a right hand turn across the right lane and impacting the front right quarter panel of her brand new Subaru and damaging the passenger side wheels.

Have witnesses, and drivers of van claim responsibility for the accident.

Owner of company told his drivers he will not provide insurance information to us, as he claims his drivers are responsible for the accident and their personal insurance should cover the claim.

Who is responsible? Is this a respondeat superior situation since they were on the clock?

Thanks!!

Answer: Most likely the company's responsibility.  Most likely the company doesn't have insurance.  Call your own insurance, let them handle it.  Or sue both people in small claims court and let the judge figure it out.


Title: Dealership apparently failed to reinstall a critical bolt after replacing my engine. Missing bolt caused CV axle to separate while the car was in motion

Question:
**Edit: Location is Texas**

A couple months ago my vehicle's engine suffered a catastrophic failure. The dealership picked up the car, gave us a loaner, and replaced the entire engine. This whole process took a day and a half and we were happy with the service.

Fast forward to yesterday: I was turning onto my street from another residential street and the car made a hard jerk to the right and would no longer move forward. Got towed and the dealership once again picked up the car. Upon inspection it turns out that the bolt that secures the ball joint that connects the axle and the suspension was missing. This is a thick steel bolt so if it had failed there would be chinks or evidence of metal being shorn.  When they replaced my engine they had to tear down the entire front of the vehicle, all the way down to the suspension.

Management at the dealership was incredibly nervous when we got in even though we were polite and patient while dealing with them over the phone. When the tow truck pulled in with the car, every single mechanic in the shop was called outside to view it by management.

Luckily the incident occurred at approx 10-15 mph so no one was hurt. I will be recouping all impound and towing fees through my insurance. My concern is that had that happened 5 minutes earlier or later, I would likely have been on the highway and that sort of failure would have been catastrophic at highway speeds, if not deadly.

I have lawyers in my and my spouse's family but I'm not sure how to approach this. The car is almost 2 years old and only barely still in warranty at 60,000+ miles. Would this be a worthwhile suit to bring up? Any advice would be greatly appreciated.

Answer: I smell someone attempting to get a new car on the cheap. It has nothing to do with the *damage*, and I use that term loosely.


Title: [Washington]I found out I've been paying non-resident tuition for over a year, despite being a resident. College says I'm SOL.

Question:
I became a Washington resident in the eyes of my local community college when I registered for classes in the summer of 2015, by showing them my military spouse ID.  The deal was, I would pay in-state tuition because my husband is stationed in the state.  Great! That's convenient.  I signed up for my first classes at the office and showed them my ID, and thought all was well.

Today, after completing two quarters of prerequisite work and four quarters of work toward my degree, I found out that I have been paying non-resident rates for at least the last four quarters.  I found out because when I went to pay, the cashiering department asked if I was truly a non-res, and I explained to her why I wasn't.  Her face went blank and said that before I paid my current tuition, that I had better speak with the registration office.

They looked and found that I have been registering as a non-resident since Fall 2016.  I asked how that was possible since during online registration, they ask on a drop-down list your residency.  There is a specific drop-down for active duty military or veterans, so they receive resident tuition rates.  Come to find out, there is a small, quite literal sentence at one of the end pages that I am required to show my ID to the registration office within 30 days of registering.  I asked how that is an appropriate amount of notification and why there is no follow-up regarding this, especially because this community college has campuses on the local base and gives the impression of being extremely military-friendly, and not to mention the fact that I already showed my ID when I first took classes at the college.  She told me there was nothing she could do, and when I asked if I could know how much exactly I had overpaid, she said that she could not provide me with that information.

If I am screwed completely, what can I do to help others not make this massive mistake?  I am so upset over the disgustingly small clause on the registration page, and the lack of help by a college that pushes that they are military-friendly.

Answer:
 Does the base have a liaison of any kind with the university? Bring it up with them, or an administrator who handles that community college. They'll be *very* interested to hear about this.

You can also try talking to the equivalent of the ombudsman/student advocates office.Answer #2: David L. Stone Education Center

Lewis Main, Building 6242 253-967-7174

I'll bet they can help you out. Found with some Googling.Answer #3: If the highest person in charge didn't tell you that then don't accept it as an answer until you hear it from the top. I've seen this all too often and it angers me that people can be so flippant about poor students owing tens of thousands they shouldn't. It angers me because my family and friends have come across several situations just like yours, told "those are the rules and there's nothing that can be done about it", yet every time a lot of noise seems to fix the problem and, what do ya know? That 30k unavoidable debt was erased with a single email. Huh, who woulda thought?

Be warned: Some cases required a lot more noise than others. Don't give up until you've made a hell of a racket about it. Answer #4: Contact your schools ombudsman


Title: Any recourse against a discrimating employer?

Question:
Around last week, I interviewed for a position at an Ice Cream shop. In the beginning stages of the interview which was just a phone call, I was invited to come in for a in person interview. I should note that having language skills in either Japanese or Korean was a  part of the  Job requirements to which I speak Japanese.

This is where the issue arose, all of the employees at least that I encountered on that day happened to be Asian. I am an African American. Upon entering the store and asking for the hiring manager one of the employees gave me confused look as if I was not supposed to the person for the interview, walked to the back and told someone. I was told that the hiring manger was not in yet although we had already scheduled a time and date for the meeting. I waited for about 20 mins all the while the employees smirked and looked on with some distain.  I’m no stranger to working with Asians as I have experience in multiple Asian restaurants. I have an extensive background in food service that qualified me to get the interview. Then another person came up to me and told me they would interview me instead which I found quite odd. The interview was very succinct and short. I gave them my resume and proper cerifications for food handling and then I was whisked out the door. I’m clean cut, fit, have no tattoos. I firmly believe that I was discriminated againist in this job position because of my skin color. I wasn’t asked any question about my language skills which seemed to be a part of the job description. This is honestly the first time this has happened to be, but I’m sure that I wasn’t given a fair chance to apply for a position because I didn’t fit the raical theme that the company or it workers are trying to purport. The name of the company itself is founded on a selling Japanese ice cream treat. My question is do I have the grounds to file an EEO complaint or should I just let it go?

Topic:
Employment Law

Answer:
  I won't second guess your read of the situation, but it is exceptionally difficult to legally prove hiring discrimination from a single case.

You can file a complaint and report your experience to the relevant agencies, and if they observe a pattern of discriminatory behavior they may take action.


Title: Landlord tricked my sister with a bait-and-switch. Need help urgently!

Question:
My sister just moved across county to California and, unfortunately, had to sign a lease to a rental sight unseen. The unit is fine except that it listed "Cooling: Central". When she got there, she found out that the unit does not have any form of cooling at all. She contacted the Landlord who said that if she wanted to leave, she could that day. She has a 2 month old so staying was not an option which she told the landlord. At that point, the landlord said that they would install central AC if she stayed, so she agreed. After getting instillation priced, the landlord said that it would be too pricey and is now saying that they will not install it, but will install ceiling fans.
What are my sister's legal options here? She really can't afford another move and feels stuck in a this apartment now. Please help!
Topic:
Landlord Tenant Housing

Answer: If the lease says it has AC, they have to provide AC. Get a lawyer to write a strongly worded letter.


Title: How should I handle a landlord that is violating my tenant rights?

Question:
I live in Chicago, Illinois and my landlord is constantly scheduling showings without giving me 24 hours notice. I have read that he needs to give us 48 hours notice and have asked him multiple times for such. He will just send an email each day announcing a showing for the following day, and is showing our apartment 6 days a week. He will also announce showings that he does not show up for.

Last night, at 9:15 CDT, he emailed us that he was showing our apartment today at 7:30pm. I do not want him to enter my apartment. How should I handle this?

Thank you for any advice!

Answer:
 You can deny entry. If he still tries to enter, you may call the police. You can also get a rubber door stopper from a local big box home improvement store for a couple bucks to keep him from entering. It would also be a good idea to make your landlord aware that you plan on doing just that.

If they do show up, you may also tell any prospective tenants that your landlord has not been following notice laws for his showings, just be sure you remain 100% objective and factual.

Of course, you can't stop him from showing the unit at all while you're there. You are in the right as far as the letter of the law seems to show, but keep in mind that most places require 24 hours notice, not 2 days, and he is very close to that.Answer #2: IANAL but I recently had landlord issues in IL. I found a document called the Chicago Landlord Tenant Ordinance online and it had a renters rights hotline. I called them and they helped me figure out my legal rights. I highly suggested looking into this and calling them as they would know exactly what to do. Good luck!!!


Title: Parking Ticket at College

Question: Okay, so I am staying at a college while I am interning for the summer. I do not attend this particular college, but do have my car registered there for temporarily parking. Last night, I parked my car in a handicap spot, so I could run in and print something. Took me 2 minutes and there were literally 10 open handicap spots ( I know still a horrible decision). Well got a $375 ticket. Do I have to pay this? The university is in Virginia.

Answer: Yes


Title: [KY] Received an Amazon package address to my residence but not me

Question: The other day I received a package from Amazon that was address to my apartment, but not to me. It was delivered by Amazon and not USPS. I assume the name is of the previous renter. I contacted Amazon and they said to throw it away as they'll just send him a new one when he contacts customer service. Would it be illegal for me to open it and keep the item? I am finding a lot of mixed info online. Like you can keep items mailed to you that you did not order, but this was not really mailed to me since my name is not on it. And I know its a crime to open mail not addressed to you, but is it mail if it never went through the post office?

Answer: not a lawyer but I believe you are in the clear. You didn’t do anything wrong to receive it and you were told to throw it away, so it’s technically garbage at this point and that’s generally fair game.


Title: Brother declared dead; how to resurrect him legally and financially

Question:
Obligatory not sure if this is the right subreddit, but here goes:

My mother passed away in 2013. In the process of closing all her accounts and wrapping up loose ends, each of her children went to different places to handle the legal stuff. We were trying to spare my dad the hassle of dealing with it all, as he was experiencing some health issues of his own at the time.

My youngest brother was nominated to handle Bank of America, where coincidentally he also banks. He gave the banker a copy of the death certificate, they made notes on what he \*thought\* was the joint account she shared with my Dad, my Dad was made sole owner of all the accounts, and my brother went home.

A few weeks later he received a consolation letter from Bank of America, addressed to the family of himself. \*He\* had been listed as deceased, not my mother. Hard on the heels of that letter was a death benefits check from New York Life, through whom we all have a life insurance policy.

He immediately went back to Bank of America and spoke with the branch manager, who basically told him oopsie, but there was nothing they could do and that he'd need to speak to Social Security. So he gathered all his legal documents (birth certificate, pay stubs, W2s, etc) and went down to Social Security, where they told him that he had indeed been declared dead. He was able to prove that he was very much not dead, and they fixed that in their system.

Fast forward to last week and a few notes on my brother:

My brother is a very frugal dude, and he makes a nice bit of cash with the company he works with. He's been with that company for closing on ten years, with direct deposits into his BOA account every week. He pays cash for all his vehicles, has lived in two rentals since 2013, and has never opened a line of credit anywhere because he never needed to. He's been tossing around the idea of maybe purchasing a house in the next few years and needed to purchase a new work truck, so he decided to combine those two goals by financing a truck to build some credit history (he has none).

He went down to the dealership, picked out his truck, and put a third down on it. The dealership assured him he could take it home that day (he needed to leave the next day for a job out of town) and that they'd find him a lender. At that point in time, all we knew we were working with was a history of no credit.

But then the finance department came back with the news that all three credit reporting bureaus had him listed as deceased. Banks wouldn't lend to him because he was... well, dead.

Brother wasn't sure what to do. He'd traded in his beater already, he had to leave for out of town, and suddenly this cluster.

One of the finance managers decided to try hitting up larger banks for a loan (they'd started out with local credit unions because of the no history thing). The bank that finally financed the loan was- you guessed it, Bank of America- probably because they had access to his financial records and knew he could buy the truck outright several times over.

But now he's at an impasse. He's legally dead to the credit reporting bureaus. Financing the truck will help him with proving that he's alive, but it doesn't resurrect him.

Bank of America still maintains that they have no way of fixing this whole situation. He can't even go online on sites like Credit Karma, etc. to contest the thing because he's not listed as alive. He tried to open an account online with Social Security and was told that they couldn't do so with that social number.

How do I bring my brother back from the dead?

Answer:
 He needs to contact the credit bureaus. Has he done that? He's the info for Experian:

>Account Reported as "Deceased"
>
>You will need to send Experian a notarized letter affirming your identity. The letter needs to include your full name, current mailing address, Social Security number, date of birth, and a statement that you are not deceased. You can upload the documentation online, or you can mail it to Experian, P.O. Box 4500, Allen, TX 75013. Experian will update your credit report and notify the data furnisher. You also may contact any data furnishers that are reporting that you are deceased directly and ask them to update the account to show you are not deceased.


Title: CPS to re-home my nephew from my meth addict sister. (TX)

Question:
I will make this as brief as possible. My sister is addicted to meth. She recently went to the hospital for kidney issues (probably exacerbated by her addiction) and tested positive for meth in her system. More than likely, as they are under legal obligation, the nurses reported her to CPS and a case was opened to re-home my nephew. My mom wants to take him, but her ex-husband who is now her husband again has a felony and CPS will only place my nephew with my mom if he moves out. They are raising my step brother together and that would make it harder to raise him. We discussed the possibility of him moving out temporarily for a month and then coming back. However, logically CPS would check if he moves back every so often.

The other option was to place my nephew with his paternal grandfather. Sadly, CPS won't place him there either because his granddad has felony drug charges that are 20-30 years old and he's still on probation for them. He's been clean and compliant for that long and he's been raising another grandson for 10 years.

I'm only 25. I will take my nephew if it comes down to it, but my fiancee and I would really prefer that we don't. I know it sounds selfish but we don't want that responsibility until we are ready. We have both lived our life very responsibly so that we are financially independent and successful but we don't want that kind of responsibility yet.

What options/strategies do we have against CPS? Are there any loopholes we can take advantage of?

I definitely agree that my nephew should not be with his mother and he would be better off somewhere else. However, I feel that he is loved by her. Meth addiction isn't like being addicted to eating pizza or even the addiction that alcohol brings. But she loves him very much.

TL;DR: My meth addict sister's son (my nephew) is being taken away from her. My nephew's Step-grandad has a recent (5 years?) felony charge which prevents my mom from taking him. My nephew's Paternal Grandad has a 20 year old drug felony charge but has stayed clean while raising a grandson for 10 years. What action can be taken against CPS?

Thanks in advance to anyone offering legal advice!

Answer: I'm not sure what you are asking.  If you don't want to take your nephew then it sounds like he has nowhere to go.


Title: Ex-Girlfriend is threatening to blackmail me

Question:
Backstory:

Her husband left her and they are working on child custody and child support themselves. They previously agreed on an amount; however, he felt it was more than she needs and therefore cut back the amount, significantly. He also left her with the mortgage and bills (electric, gas, etc).

She and her father hired an attorney to get the amount he owes her.

Now this is where my problem arises:

She refuses to acknowledge our breakup and barrages me with texts all day long alternating between expressing needing me in her life and her kids lives and scathing vitriol. (She is diagnosed bipolar).

I’ve pleaded with her to leave me alone and she texted me saying, “only after we get back together”.

I struggle with depression and severe anxiety and she’s causing me unimaginable distress.

Finally, I threatened to go to the police and file a restraining order.

I also threatened to tell her ex that she and her father hired an attorney to order him to pay separate maintenance and child support. She’s also extremely afraid he’ll try and take the kids away from her. (1)

She responded by threatening to tell the police that I endangered her children, and threatened to blackmail her by informing her husband about the attorney if she didn’t leave me alone.

I immediately apologized and said I’d never tell her ex, and that I only said that in the heat of passion since she refuses to leave me alone.

Now, about the accusation of child endangerment:

Last week I had two of her girls with me as I was driving to pick her (my ex) up. The lane I was in was merging and I looked behind me and saw it was clear to merge. Just as I was almost completely merged this other driver sped past and narrowly missed my car (the speeding car wasn’t in my mirrors when I started to merge due to the curvature of the road). He had to slow down due to traffic ahead and as he slowed down I accelerated and flipped him off. I never went more than 10 mph over the speed limit but I remained somewhat close behind him as we were flipping each other off. This went on for 2-3 miles but I eventually backed off.

She claims that I’d be arrested for endangering her kids.

I have all her threats in text messages. Even her refusal to ever leave me alone. And my threats are in text as well.

 I’ve only threatened her with a restraining order and telling her husband about the lawyer. Nothing else (though, when she said she’d never leave me alone I insulted her very harshly).

(1) He left her in part because she’s a drug addict. She takes numerous opiates for back pain and exchanges pills with her sis-in-law. She has so many pills she carries them in a large satchel. I don’t know how many are prescriptions and which are from her sis in law.

She also just finished her home arrest sentence for her third DUI: she crashed while high on percocets. After we broke up she went to the bar and got drunk (the judge said if she drank alcohol she’d go to jail, btw), then headed over to my place and left her 4 kids all alone (15, 12, 10 and 5 year old) for several hours in the middle of the night.

Could I be arrested for child endangerment? Her kids are 6 and 10. And even though I apologized for threatening to tell her husband about the attorney, does that still qualify as blackmail?

Answer:
 No, you’re not going to be changed with child endangerment for that.

Block and ignore.

If she messages you on another number, only reply with “please do not contact me further” then block and ignore.

If she continues to message you, continue to block and ignore without response.

If she doesn’t stop, file a police report.


Title: I'm a recovering drug addict am and applying for insurance at work. I'm worried that my employer might look at my application. [US-IL]

Question:
**This is a repost from a minute ago because I realized there was an insane, but real, chance that my employer might identify me from my user name**

Hopefully this is the right place to post this.

Employment background: I've worked at the same company on and off (mostly on) for more than five years years. I've left to pursue other employment opportunities and have always returned, always on good terms. I've never had my own insurance but now, for a variety of reasons, I have to.

Some detail about the business: it's a locally-owned business, with a tight-knit, relatively small staff. The owners are extremely conservative and not the kind of people to look favorably on an addict, even one in recovery.

Personal history: I've been a drug addict for most of my adult life (i'm in my mid-20s). I've been to rehab numerous times and had periods of sobriety, but have never managed to get it right. Earlier this year, I tried to kill myself by intentionally overdosing. Thankfully I wasn't successful; but, I spent time in a mental health facility and then went to rehab again. I have been sober since.

Now, the important thing to realize here is that I've been an addict throughout the entire time that I've been employed with this company. I've never gotten in trouble for being high at work (I never really was). For those unfamiliar, you get to a point in addiction where you really don't get high; you use to stop feeling like shit. Agree with it or not, it is what it is. I've always done a decent job of hiding it, no matter how shitty I felt. It's shameful, but there's no reason to dwell on it.

Although I'm generally held in fairly high regard at work, I'm worried what might happen if my employer looks through the pages of my insurance application. Certainly, I have to disclose all of my history to the insurance company--I'm a recovering addict, not a fraud.

What makes things more complicated is that I have a serious illness, unrelated to my substance abuse, that my employer does know about. I've had to miss work for doctors appointments (around the country) before. It's sounds ridiculous, but I worry that, knowing about this, they may be especially nosy and page through my application. What's more, I know they will at least look at some of it because there are fields that I was instructed not to fill in because they will.

I'm worried if they see all this stuff that I'll get fired. Worse yet, I'm worried they'll try to pin past problems on me. For instance, they may look back at all the times cash balances were off a few dollars and say "aha! this drug addict stole it to support his habit," which is not true. I've never done that.

Should I be worried? Or are they prohibited from even looking through it?

Thanks.
Topic:
Business Law

Answer:
 'Certainly, I have to disclose all of my history to the insurance company--I'm a recovering addict, not a fraud.'

Are you sure about this? This used to be true pre ACA for the individual market, but group insurance doesn't really work the same way. Most of the time when you sign up for a company group insurance, you simply pick the plan you want and the company takes the premium they don't cover out of your check.

Answer #2: What kind of health insurance application do you have?  Any place I've worked you just pick what plan you want.Answer #3: Are you sure it is medical insurance and not life insurance?  They can ask medical questions for life insurance.


Title: (FL) If someone tries to Baker Act me, will I get in trouble if I run from the police?

Question: Title. I don't think it would fall under resisting arrest because it is not an arrest, but I'm not sure if there's something I'm missing.

Answer: Once you refuse a lawful order they can arrest you.


Title: Contractor Installed Wrong Door

Question:
We ordered a particular door from Home Depot (created order and handed to contractor to order since he received a discount). I have a picture of this order (signed by both). The order is referenced in my contract as well, as something we would select and he would order and install.

The guys came over to install the order and in the process, cut my old door in thirds to fit into their truck to throw in dump. After installation began (and my door was cut) I noticed the caming on the glass of the door is nickel and not black like we wanted.

The contractor is claiming I should have inspected the door before installation and is refusing to replace it. He is also claiming home depot wants us to return the door before they replace it. Clearly unreasonable, this is our front door, we can't be without a front door for 5 weeks? What are my options? Please ask for more details if needed. Thank you for your help.

Edit: Location: Orange County, CA

Answer: Did he order the wrong door or did Home Depot deliver the wrong door?  That's going to determine who's on the hook.


Title: Full custody when one parent is suicidal.

Question: In Montana. My ex just recently nearly succeeded in ending her life. Luckily I had my children at the time. With her still in the hospital, and going to be in clinics for rehab and recovery for the next undetermined amount of time, how easily can I amend our current parenting plan, that states she has majority custody? For obvious reasons it would be beneficial for our children, from a safety stand point, for me to have full custody. But I still want my ex to have a presence in the lives of our children. Is this something that I can easily accomplish on my own?

Answer:
 > Is this something that I can easily accomplish on my own?

No. You are going to want to find a family law attorney. Even if your ex is willing, the stakes are high.Answer #2: No, this is not DIY territory whatsoever. Your desire to include your ex in your kids' lives is commendable. A lawyer will be able to help you file for a modification of your custody order, especially given her current mental state and condition. Call your state bar association for a referral if you don't have a lawyer from the divorce.

Also, please consider counseling for the kids. Even for preschoolers, the trauma of what their mom went through can have long-lasting impacts. Having someone professional to work through their feelings will do wonders to helping them feel safe and cared for during a lot of upheavals. Good luck! Answer #3: This is not a DIY project. You contact a divorce/family lawyer and have them petition the court for an amended custody agreement. The other parent can contest, but if they are suicidal then I think the courts will grant at least a temp change. Once the other party is out of the hospital (and out of danger) then you can hash out a new agreement, one which possibly includes automatic grants of full custody if one party is hospitalized for self harm again.


Title: Deadbeat Dad Getting Favored In Court. Can't Afford Lawyer. What Now?

Question: [deleted]

Answer:
 *YOU* do nothing. Your GF can seek legal help. There are legal aid societies all over PA. [This](http://www.palawhelp.org/issues/children-and-families/child-support-and-paternity) is one example of options that she can explore.

Her best bet is to find an attorney to help modify the court orders. Do a google search for "PA legal aid" and she would find resources like [this](http://www.palegalaid.net/resources/clients).


Title: Overcharged by "Advantage Rent A Car"

Question:
[AZ] I am a student at ASU and recently rented a car from Advantage Rent-a-car PHX airport from Nov 23rd, 8:00 AM to Nov 24th, 8:00 AM (24 hours) . Being a local renter, the rental had a driving limit of 250 miles, with 55 cents for every additional mile driven. We ended up driving mostly around the city not exceeding a total mileage of 200 miles. However, the Odometer recorded a total mileage of 687 miles when we returned the car. This resulted in an additional charge of $320 from the initial estimate of $65.

I reached out to "Advantage Rent A Car" customer care multiple times, trying to see if they have GPS tracking in the car to understand how did we end up driving 687 miles. However, all I got was scripted answers that I went beyond limits and need to pay the amount.

I have all my location data throughout the rental period along with my additional driver's data(on iphone system services) which proves that we did not drive that much distance.  I am considering disputing the charge with my credit card company.

What are my other options?

Answer:
 You signed for the vehicle at a certain mileage... and you returned the vehicle at a certain mileage.

Odometers are not that inaccurate to add nearly 500 miles over an actual 200 mile distance. I’ve rented vehicles for nearly 30 years and have never remotely faced such a discrepancy.

As far as the rental company is concerned... you legally owe the excess mileage. They’ve heard the excuses you’re trying to throw out there a million times before.

You can file a credit card dispute if you wish... but the rental company has more than sufficient proof to challenge it.

Again... odometers are NOT that inaccurate.


Title: My parked car got t- boned by a forklift pushing a dumpster.

Question:
I am in Houston, TX and last Wednesday while at work a construction vehicle caused $5500 damage to my car ($7500 owed on it). I confronted them and they seemed like they would take care of it. Their manager drove me to Enterprise and he paid for the rental for the week. We took my car to a body shop and they spoke with the construction supervisor as well. Fast forward to today, a week later. The body shop hasn't touched my car (at no fault to them) because, the insurance company used by the construction company has to wait for underwriting (they are not sure if the crew is covered for an accident like this). I don't know what my next move should be. Help?
Topic:
Insurance

Answer: To wait. You cannot really do anything until they say if they will fix it.Answer #2: If you have collision coverage you can file a claim through your own insurance company. You'll have to pay your deductible but they will try to get it back for you.


Title: [MN] How do police verify valid insurance of pulls over?

Question:
Edit... Autocorrect got the best of me: if pulled over, not of pulls over.

My current insurance company sent me updated insurance cards that are good through December, but I cancelled the policy because it is $100 a month when I rarely drive.  Saving up for a new car at the moment.

 My current car is barely drivable, so more often than not I take the bus.  Maybe once a week or so I will need to drive the 3 miles to work because I missed the bus, or to the grocery store on the weekend because the bus routes are messed up on weekends here.

I know not having actual valid insurance puts me at serious risk, but sometimes you gotta be somewhere.

If I were to be pulled over, would the insurance card be good enough, or can police tell if it isn't valid?

Answer: You should be more concerned about getting into an accident and seriously injuring or killing someone or causing serious property damage.


Title: Huntington bank destroyed my USAA card after I left it in their ATM

Question: [deleted]

Answer:
 > I ensured him that my private 3rd party banking card was my personal private property.

No, it's not.  It's a card issued by Mastercard/USAA that you're allowed to use.  I guarantee that you agreed to be bound by Mastercard and USAA's policies and procedures when you signed up for the card.  Given that the loss is *your* mistake and yours alone, the issue here is on you.

Biggest lesson from this for you: never rely on one funding source.  I love USAA, and most of my money is there, but I have some in a completely separate bank account and two credit cards from totally different companies.  Answer #2: > I ensured him that my private 3rd party banking card was my personal private property.

Actually, the issuing bank owns the card. You have no recourse.


Title: A family is trying to sue us for damages from a dog scratch

Question:
So about a month ago I was at a car show in Ontario with my girlfriend, her roommate, and our dog Aria (Rottweiler).

During the event their was an Asian family running a booth selling nick nacks and what have you. Their kid was playing fetch with our dog in a field adjacent to their booth. At one point the child took the ball from our dog and our dog jumped up to grab the ball and in turn lightly nipped the child’s hand.

The kid was initially fine and the single tooth mark didn’t bleed but it almost broke the skin ( kind of left an indent). My girlfriend told the boy (who said he was fine) to go tell his parents just in case.

5 minutes later the parents come over screaming at us in a language we don’t understand. They did however kept saying “compensation” and “give us money” over and over again.

My gf’s roommate flagged down a police officer who was their patrolling the car show. He came over, looked at our dog and the boys hand. He then gave the boy an ice pack and proceeded to tell us that everything is fine and not to worry about it, and to just provide proof of registration and vaccinations for our dog to the local municipality.

With that info we tried to apologize again but ended up just leaving.

After we left her roommate ran back and for some reason let the parents of the boy take pictures of his drivers licence and health card ( despite the cop saying we didn’t have to)

So we got proof of her shots and registration that night and took it to the municipality office the next day. Where they told us everything is fine and they may come check on the dog in the next two weeks if another incident happens. Just a precaution.

So fast forward three weeks and all is well. Then my gf’s roommate receives a letter in the mail claiming he is the dog owner and he is being sued for damages, compensation, and legal fees. We then called our lawyer friend who told us that they are just probably blowing smoke, and to politely reply saying that the roommate doesn’t own a dog (the dog is registered under my gf).

He then today received another email saying he by law either had to provide the family and their lawyer with all of my gfs info and if he doesn’t he will be held accountable. And if he doesn’t reply in 30 days he forfeits and has to pay an absurd amount of money.

Our lawyer friend said he has no obligation to provide her info, but her roommate isn’t the smartest and I fear he is going to regardless.

What should we do, we don’t really have the financial means at the moment to hire a lawyer of our own if we don’t have to.

Thanks ! Sorry for the formatting I’m on mobile.

Answer:
 Your GF's roommate is an idiot for multiple reasons, but lets leave that aside for now.

In order to be charged and have to pay money, the family of the child would need to prove that:

a) something happened - yes your dog nipped the child

b) some damage resulted - it sounds like there was no real injury so unlikely

c) that a loss resulted - there is unlikely any medical bills, pain, suffering, or loss of ability from a minor dog scratch.

Essentially, they have no basis for a case to sue you with and are trying to intimidate you into paying.

Unless a letter comes from a lawyer or in the form of a court document, you have no obligation to deal with this in any way. And I'm sure that 99% of lawyers would usher them out of their office in about 2 minutes flat based on the facts you've given.


Title: My friend is wanting to open a bar/ gamer's lounge in St. Louis. He has some questions regarding games.

Question:
So, as the title says, I have a friend who wants to open up a gaming lounge/bar in St. Louis, MO.  He was planning on having a kind of console area for people to be able to play xbox or playstation or what not while also having a few drinks.  He was also planning on having a cover charge for entering this establishment and I brought up that they may bring up some legal issues.  I told him that there is a possibility that he would have to pay some sort of licensing fees or something similar if he was going to allow people to play console games in his bar/lounge.  He told me, however, that the cover charge is for entering the establishment and he is not technically charging for the games and therefore not making a profit off of the games so there should be no legal issues whatsoever.  I have no experience in this field whatsoever when it comes to running a business or attempting to answer legal issues, so I figured I would ask here, mainly for my own curiosity.  Would my friend have to pay money to the video game companies to allow him to let people play video games for free in his bar/lounge while also charging a cover charge for entry into his establishment?  If you could also prove that your information is reputable or correct I would very much appreciate it.

**TL/DR:**  Would my friend have to pay money to the video game companies to allow him to let people play video games for free in his bar/lounge while also charging a cover charge for entry into his establishment?

Answer:
 There are all *sorts* of legal issues involving gaming, alcohol, admission fees, copyrights, and licensing that he needs to research before he even applies for his liquor license.

I've never seen a video game EULA that didn't limit the purchaser of the game to 'personal, noncommercial' use.   Whether or not that gets litigated is a big question that I would not bet my enterprise on.

It's very clear that having entertainment devices in a bar is a commercial use.   Licensing of TV and movies and sports and music for use in bars is a huge industry, and most liquor control boards are very careful about requiring a permit for every type of entertainment device, from a dartboard to an XBox.

Probably the best guy to ask is Mark Methenitis, of the blog [The Law of the Game](http://lawofthegame.com/).

I've seen free-to-play console game bars in other jurisdictions, like Endgame in Tempe, AZ.
Answer #2: Your friends life will be vastly easier if he just uses arcade machines. Leaving aside the licensing issue, the controllers for gaming systems will have brief unhappy lives in a busy bar. Besides not all games are good bar games.

There are per game licensing issues, so it would depend on the particular game in some part, also he'd have to have a music license at the very least.

His little not charging for the games bit would not fly. Some games are ok with people playing them in public though.


Title: Landlord isn't responsive enough in finding a new tenant

Question:
Hello,

This issue is for Annapolis Maryland.  I started an 18 month lease last November.  Do to a family emergency I have had to relocate.  I first informed the landlord of the need to terminate the lease early in July.  According to my lease the early termination process puts me as liable for the rent until a new tenant is found.

Specifically the early lease termination is detailed as follows:

Should the Tenant need to terminate the lease agreement prior to the end of the term, Agent/Landlord will assist in finding a suitable replacement tenant.  The Tenant, however, is fully responsible for the rent, utilities, and the upkeep of the leased premises until a new resident takes possession, plus all cost associated with re-renting the property.  All early termination request must be put in writing and approved by the Agent/Landlord.  During an early lease termination, Tenant remains responsible for rent until a new tenant takes possession including a standard seven (7) day vacancy period to allow for move out/ in property inspections, and any repairs  and /or cleaning to be completed prior to occupancy by the successor tenant.

I understood the super bad situation that put me in, but am now frustrated with recent things.  I reach out to the landlord regularly for updates to ensure things get done ASAP. For example I reached out this past Friday and Saturday looking for updates.  It was on Sunday night I was told someone was interested in video tour and that they would give me their contact information that night to coordinate showing them the place via Facetime.  I did not actually get the contact information for the person until Monday morning and reached out immediately.  Later Monday I heard from the potential client that they had moved on and already signed a lease else where.  Talking to the person a bit I learned that they reached out last Thursday/Friday and didn't hear a response back and assumed no interest.  The potential person stated that the responsiveness or lack there of is what made them continue to move down their list to the next listing.  I have not been living in the place for several weeks now.  They still hold our security deposit.  Is there ever a point where their lack of responsiveness (Case in point this last person) is grounds for nullifying my responsibility?  One other point to note, thought I am not sure if it matters is there have been several other people who have been interested in the place but they have pets.  The landlord is hard on this and has a no pets policy.  Again is there anything I can do or am I stuck paying the rent?

&#x200B;

Thanks in advance.

&#x200B;

Answer:
 You're talking about a span of one business day here.  The interested party reached out Thursday, you got their number on Monday.  There's only one business day between, and no one is going to call that even close to unreasonable.

And no, your landlord is not obligated to relax his pet policy just to relieve you of your responsibilities.


Title: Walking a leashed dog on a street with no sidewalks. He pooped on the edge of a yard and I cleaned it up. Received a note threatening to call the police/animal control. Minnesota.

Question:
Hey legal advice,

Tonight I was walking my large dog down a street in Minnesota with no sidewalks near my home. He was on a leash and was sniffing along the edge of the street (curbless) and decided to poop about a foot into someones yard. I cleaned it up per usual, but the residents were home and I noticed them scoffing or something.

I came out tonight to a (very poorly written) note on my door saying that if the dog poops or pees in their yard again they'll call animal control and the police for trespassing.

**What would the police say/do if called (and more importantly what should I say)? Is it even an animal control issue?** I intend on avoiding that yard but it's the second week I'm in this neighborhood so I'm pretty sure I'll hear from these people again. I've had the dog for 6+ years, no negative history, always on a leash when out and hes *always* picked up after.

After reading a bazillion neighbor stories on here, I wrote down the who what when where (plus the note) in a notebook that I hope I won't need again.

Edit: Minor text fixes
Topic:
Other Civil Matters

Answer:
 > What would the police say/do if called (and more importantly what should I say)?

When the police finally make their way to your house (because this will be *super* low priority), they'll just ask what happened.  Then they'll say "please keep your dog off their property."  I can't imagine they'd cite or arrest you for this.  They have better things to do.

> Is it even an animal control issue?

Not really.  They have better things to do as well.

I like your plan of action to avoid their yard.  You are a responsible dog owner who cleans up after your dog.  I don't think you have much to worry about.


Title: I’m a wrongfully adjudicated felon in Maine

Question: Due to an ex and her band of friends I was adjudicated wrongfully, what are good groups to reach out to, to prove I’m innocent?

Answer: Contact Pine Tree Legal and they'll advise you from there. They'll be able to refer you to attorneys or potentially work on your behalf if you meet certain criteria.


Title: Having sex with my girlfriend in the car when...

Question:
Me and my girlfriend are both 16. She has her license and her own car, so sometimes after school or on the weekend she'll drive by to pick me up and we can go out somewhere to eat and after maybe have sex in the car. Today, we decided to just have sex in my neighborhood in the car off to the side away from the front doors of houses. It was daylight, so anyone looking in could see us if they wanted to, but we couldn't have sex over the weekend so we didn't really care. We just wanted each other.

About 5 minutes pass and we're going at it (completely clothes minus pants being down) in the back when suddenly a guy we both recognize and hate walks by, acting suspicious (he's known for doing drugs and his brother is a dealer). He lives very close to where we are, in my neighborhood. We stop and get low in the car to prevent being seen. I don't know if he saw or not, but he walked to the end of the street and got in a blue truck with someone else. They pulled up as we were going at it and he gets out and I didn't see exactly but I'm pretty positive he had his phone in his hand. We had literally just finished, but we're still partially unclothed when he knocks on the driver's window. We both ignore him and look away. She gets down to pull her pants up so he doesn't see anything, while the knocking gets louder and more rapid. He then opens the driver door and I yell at him to close it. He then yells something along the lines of "Hey I don't care what you guys do but do it somewhere else. My mom can see you guys." He points to his house. And I yell at him again to close the door as he's invading my girlfriends privacy. He yells at me and I yell back, and I honestly don't remember what was said besides that he threatened to "knock your (my) ass out" and I threatened to call the cops. He then closed the door, I immediately locked it (of course it was the ONLY unlocked door in the car, the one he tried to open). He then punched my girlfriend's car, not leaving any damage, then got in the blue truck with his friend and they drove off.

I don't know if he filmed any of it, and I don't know what he could get in trouble for here. But I know what we did was illegal, however, the way he handled it doesn't seem to be okay to me. I don't know what the correct course of action is. We're all the same age so it's not like some creep pervert is trying to sneak a peek at my girlfriend. Any advice on what I should do? I don't wanna provoke him without the law on my side, as I'm positive he's in some sort of gang and his brother is the leader of some crazy drug ring or whatever (it's a shit neighborhood). Any advice is appreciated. Thanks guys

Edit: I get what we shouldn't do. I know we shouldn't have sex in public. But it happened. Let me change my question;

Is there anything that HE did that is against the law?

Answer:
 > Any advice on what I should do?

Stop having sex in public. Answer #2: Stop having sex where people can see you.


Title: Ex employer in Houston TX owes me $28k. What type of lawyer do I need?

Question:
I was a W2 employee doing commission based sales for a small company in Houston. Very small. I was the main source of sales for the company. I had a profit sharing deal that was discussed and agreed to via emails. I never signed a contract. (Huge mistake, I know.)  After I left my last check was short by $30k...  The owner said he didn't have the money, but that he would pay me back as fast as he could. Again, in emails, he admitted he owed the money and said if the company couldn't pay me back, he would do so personally. We used to be friends so I trusted him.

It's now 1 year later and I have been paid $2,000 but he hasn't responded to emails and I haven't seen any money for the last 2 months. He also changed his phone number.

Obviously it's time to get a lawyer involved. What kind of lawyer should I look for? Are their any suggestions for someone in Houston. Also, how much time will I need to physically be in Houston. (I live in Puerto Rico now, so being present will be a challenge, but possible.)

Answer:
 You will need a lawyer who practices Employment law.

While no one here will suggest a specific lawyer, there are links on the sidebar to help you navigate to a local Bar Association.  The Bar Association should refer you to several lawyers.Answer #2: Call the State Bar of Texas lawyer referral service. They will put you in touch with the right attorney. 800-252-9690. Answer #3: Like demyst said, an employment lawyer would be fine, but I think a collections lawyer would be better.

There is an admission of an amount owed so it isn't really an employment question, its a question of collecting a balance justly owed.Answer #4: I am not a lawyer but I just went through a similar situation. After doing major research of the Texas Payday law, I found out that the missing wages took me below minimum wage, which is a big deal in  Texas. So, I went to a lawyer, and he basically told me that the Texas Workforce Commission would do a better job at retrieving my money. Plus, they are free. The only thing I'm worried about is your 90 days is up to apply. But go to this link, file a wage claim and see what they say. They are actually very helpful. (http://www.twc.state.tx.us/jobseekers/how-submit-wage-claim-under-texas-payday-law)


Title: Parents got sued for program I torrented

Question: Hey Guys, I don't know if this is gonna help at all but currently I am frustrated as I don't know how to explain this to my parents and I am really scared that other things I have pirated before might come to light now (mostly movies). I have to pay everything myself, they threatened that I had to sell my PC and my Cameras for it. I just don't know what to do, I don't know how to pay this and I am scared that someone is gonna find all the movies and stuff too. I don't really know what I am expecting off of this thread but maybe you guys have some advice? thanks, by the way I can't use comments about how I shouldn't have done it in the first place, I can't change that now. The fine is 3.000-7.000€ and I'm in Germany.

Answer:
 Are you facing criminal charges or just a fine?

>I had to sell my PC and my Cameras for it. I just don't know what to do,

Well, yeah. You need to pay that fine and those are probably your highest value assets. If you have a car, you'll probably need to sell that too. Getting a job should be a priority as well.  Hopefully the fine will be closer to the lower figure than the higher and your computer and cameras will probably let you pay off a third of it right away.


Title: What is the best response to "I smell marijuana?"

Question:
Seems to be a very common tool used to establish probable cause. What is the best way to respond to this? Is there any way to avoid a search at that point? Is it legal to document the interaction at that point using your cell camcorder or other recording device?

"I smell pot" is such a bullshit tool and I hope to see the day that it is no longer allowed for probable cause! Thanks for the help with these questions and some space to vent...

Edit: I didn't include my location because from what I understand, this is legal in every state where marijuana is illegal.

Answer:
 > "I smell pot" is such a bullshit tool

I know, right?  How dare they use evidence of a crime to investigate that crime!  Such bullshit, the world is **so** unfair.

Anyhow, you're not required to answer questions, and you're definitely not required to answer incriminating ones.  If a cop says "I smell pot", you can simply say "I'm not answering questions" and leave it at that.

> Is there any way to avoid a search at that point?

Depends on the situation.  These are way too fact-specific for us to give any reasonable advice.  If he says he's going to search, don't interfere and fight it later.

> Is it legal to document the interaction at that point using your cell camcorder or other recording device?

In most areas, it's not illegal to record an interaction.  However, when you're under police detention, they are allowed to tell you what to do and what not to do - including using your phone, reaching in your pockets, or recording anything.  If you're not already recording when you get stopped, it's unlikely that they'd allow you to.