Can a police officer stop and search me on the street for no reason? Your neighborhood police can stop you on the street for no reason, but they cannot search you without reason without your consent to search you. The Supreme Court has held that law enforcement officers can approach and talk to anyone. One important way to avoid unreasonable searches at the hands of the police is to remember that you never have to consent to a search or a frisk, but there are other ways to protect yourself from police searches that are conducted without reason or for the purpose of harrassment. → Read More
California Adopts ‘Yes Means Yes’ Law: Having Sex Becomes Risky for College Students Governor Jerry Brown recently signed the “Affirmative Consent” bill, making California the first state in the nation to adopt “yes means yes” laws. Under the new law, which will take effect on college campuses, silence or lack of resistance from sexual activity does not constitute consent. The law defines people who are drunk, drugged, unconscious or asleep as unable to give consent. → Read More
When Is An Online Threat Considered a Crime? When does offensive, violent or threatening language cross the (digital) line and become a crime? Can a threat be determined by an objective standard alone, or does the First Amendment require greater scrutiny of the author’s state of mind? These are issues that the United States Supreme Court will address when it hears the case of a man prosecuted for sharing a number of disturbing status updates on Facebook for others to see. → Read More
Understanding the Basics of Shopping Center Leases Shopping center leases are a private contract between individuals, which means that there is no one set way that the contracts work. The person leasing the space in the shopping center and the landlord who has the space to rent out are able to negotiate the terms of the agreement amongst themselves. However, while each individual agreement has its own characteristics and nuances, there are some commonalities in the way the contracts are usually organized. → Read More
Stopping the Use of a Residential Driveway for Commercial Purposes If you are in a situation where you own a residential property, with a designated residential driveway, that others are using for commercial purposes, you have legal recourse to stop them. How to do so will depend on the specifics of the situation. → Read More
Property Classified As Commercial Real Estate The term commercial real estate is a broad term. It generally refers to any property other than a single family home or a residential lot in a neighborhood. If real estate makes money, is rented out, is for investments, or falls into a number of other categories other than being a private residence, it can be considered commercial real estate. → Read More
What is the meaning of the term “build-out”? I have heard the term ‘build-out.’ what does it mean? → Read More
Property Damage from Natural Disasters Prior to Closing In most states, if your contract does not cover damage to the property from things like fire, hail, flood or wind, the risk of loss is on the seller. In other words, if the building is damaged by fire before the closing, the buyer can cancel the purchase unless the seller restores the building to its prior condition. → Read More
Licensed and Bonded Contractors: What It Means and Why Hire A license is required to do any sort of skilled labor on another person’s home or property; a bonded contractor has purchased a surety bond which is a type of insurance policy that protects a property owner. Not hiring a licensed and bonded contractor means that your unlicensed contractor is most likely breaking the law by working without a license and not complying with other laws including permit requirements and inspection requirements. → Read More
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