LEGAL OPINION
Dear ashleyforth,
This is the legal opinion pertaining your inquiry and/or concerns.
Outline of facts
You presented a brief outline of the facts relevant to your inquiry. I have summarized the
facts as follows:
i. Your father died over twenty years ago;
ii. Members of the public has been asking you for money;
iii. After asking you for money, members of the public have maliciously called the police
on you;
iv. You have been harassed by the police;
v. You have also been topping up a man who is in jail and that he is guilty but serving
his time accordingly. You also express your worries that he might be operating
undercover.
In light of the foregoing, I find that your fact pattern raises certain issues, which I shall
discuss below. All citations of case law are to the US Supreme Court.
Applicable law
The Constitution’s Due Process Clause provides that “[n]o person shall … be deprived of life,
liberty, or property, without due process of law.” 1 The Due Process Clause guarantees both
“substantive due process” and “procedural due process.” 2 Accordingly, the Due Process
Clause requires that the Government follow adequate procedures before it can deprive a
1 U.S. Const. amend. V.
2 United States v. Salerno, 481 U.S. 739, 746, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987).
person of certain liberty or property interests—a protection referred to as "procedural due
process." 3
Further, the essence of procedural due process is notice and an opportunity to be heard. The
basic purport of due process is that, before a deprivation of either property or liberty takes
place at the hands of the state, the affected person must be forewarned and afforded an
opportunity to be heard "at a meaningful time and in a meaningful manner." 4 As the rubric’s
name implies, "procedural due process" is simply "a guarantee of fair procedure." 5
Analysis
You are entitled to your due process rights, which, as already stated above, include your right
to be heard, and your right not to be deprived of liberty or property, without following the
procedure set forth in the law. First, nothing justifies members of the public asking for money
from you. You are entitled to your property rights, and you should only part with your
property at your will.
Next, the police are violating your due process rights when they harass you following the
calls they receive from the members of the public. Instead of harassing you, the police should
present whatever evidence they have against you in court and the court will rule accordingly.
Besides, if there is no sufficient ground to charge you, you may sue the police for malicious
prosecution.
Conclusion
In conclusion, I advise you to file a Complaint against whoever you deem liable for any of
the allegations you raised in your fact pattern.
3 Mathews v. Eldridge, 424 U.S. 319, 332 (1976).
4 Armstrong v. Manzo, 380 U.S. 545, 552, 85 S. Ct. 1187, 1191, 14 L. Ed. 2d 62 (1965).
5 Zinermon v. Burch, 494 U.S. 113, 110 S. Ct. 975, 983, 108 L. Ed. 2d 100 (1990).
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