Legal Question in Constitutional Law in California

False. Such issues normally arise without any state action occurring and even if there is, such as a traffic ticket, there may be no constitutional issue involved.

Mr. Shers apparently has been out of law school too long, or flunked that part of the bar exam, and quite frankly his mind seems to be wandering, since a traffic ticket involves all kinds of constitutional issues such as probable cause, arrest versus non-arrest temporary detention, and due process. Of course all these issues have long ago been vetted and the procedures police and highway patrol officers follow are almost universally within constitutional limits, but to say there are no constitutional issues in issuing a traffic ticket just ignores a huge body of constitutional jurisprudence. And to answer your direct question: True. There is another huge body of constitutional jurisprudence on the very issue of whether a particular case involves state action, such as when the state delegates or contracts out state action, for example if the Oakland Coliseum hires private security guards who then act in violation of a person's constitutional rights. Whether or not there is state action is absolutely the first issue that must be addressed in any constitutional law case. That is basic first-year of law school Con. Law.

This is a homework question that you don't know how to answer on your own. True or false?

You're too lazy to learn the material, so you are cheating by asking us. True or false?

I was initially disappointed to see that even one LawGuru attorney was fooled, let alone two. Then I saw that they gave contradictory answers, leaving you where you started. I could break the tie, but I won't -- and I hope none of my colleagues will either.

I did realize this was a school question, but thought I should answer it anyway. I presumed it was asking about "real" constitutional issues and not ones clearly decided. Attorneys can differ as to what the first issue looked at is, as one could say it is whether the complaining person is within the United States, is defines as a person, etc.