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Michigan Civil Rights Questions & Answers
0 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Can lawmakers pass a law forcing doctors to perform a procedure that is not possible?

I heard that Ohio lawmakers were/are telling doctors to reimplant ectopic pregnancies into the uterus, but doctors are saying that's just not physically possible.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: can a statement in an interview (at police station)be used against you if your miranda rights were not read.

miranda rights were read after statement was given.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Michigan on
Q: I was convicted of “misdemeanor aggravated assault” on 7/31/2014. When will I be able to purchase a firearm?

Besides this assault charge from 2014 and a 1-5 over speeding ticket I have no record. Today(6/7/2022) I went to purchase a firearm and the background check was “delayed”. I’m just wondering when or even if I will be allowed to purchase and own a firearm. State of Michigan.

Brent T. Geers
Brent T. Geers
answered on Jun 8, 2022

You should be allowed to purchase firearms with a misdemeanor UNLESS it's a form of domestic violence. The delay is likely to fact-check that.

1 Answer | Asked in Civil Rights for Michigan on
Q: Can my university fine me $120 for not attending their chapel sessions?

I attend a private christian college (Cornerstone University) in Grand Rapids MI who has bi-weekly chapels (like a christian lecture/sermon thing). Normally 15 of these are required a semester but if you have a work conflict you can be excused. I do have a work conflict, but recently they added the... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

Your general sense would be right if you were attending a public school. You are attending a private, religious school. I would assume not paying the fines, and certainly continuing to not attend or watch chapel services, will eventually result in the school asking you to leave. The school has... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: Is this legal?

i was reported for harassment yesterday. when all i did was text a women asked if i could talk to her husband because she wouldnt let me. not even a couple hours later a cop showed up and told me to call a different cop. the cop didnt ask me anything just said that if i go near her or her house i... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

No, police don't need to hear or listen to your side of the story. Take what the cop said for what it is: a warning. Now you know, if you didn't before, that woman doesn't want anything to do with you, so don't call, text, write, draw pictures, or anything else about her.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: Someone broke into my house and stole all my mail and personal documents with my identity information
Brent T. Geers
Brent T. Geers
answered on May 4, 2022

I assume you contacted the police? If so, you'll probably need a copy of the police report to show fraud on any of your financial accounts. Other than that, let the police do what they do.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What would you categorize invasion of privacy?
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2022

Depends on the facts. Could be civil or criminal

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Was I falsely imprisoned? Potentially illegally detained?

Hello, a few years ago I was on probation. An officer came to my home and arrested me on an alleged probation violation. I was taken to the local county jail, processed booked and placed in a holding cell. An hour or less goes by, they come and tell me I'm being released. Someone made a... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2022

It doesn't sound like unlawful imprisonment when a probation officer acted under color of law (e.g. alleged probation violation) to arrest you.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: I wanted to know if I can pursue a case if I didn’t file a police report? I got robbed at a club back in December
Brent T. Geers
Brent T. Geers
answered on Apr 20, 2022

You can try....not sure what the police can or will do, and whether the prosecutor will have enough evidence to charge anyone. A defense attorney could eat that up that you waited so long to report.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can I sue the police for singling me out and arresting me in 2017 for jaywalking?

I slightly altered from the cross walk and cut the curb but as I was getting accused I pointed out another doing the same. They jailed me for jaywalking but questioned/detained me for suspicion of a drug transaction at the gas station across from where I was stopped

Brent T. Geers
Brent T. Geers
answered on Apr 3, 2022

No. Someone else doing a crime is no defense. If you have concerns about police conduct, you should start by filing a complaint with the arresting department.

1 Answer | Asked in Criminal Law and Civil Rights for Michigan on
Q: I was with my girlfriend at the store I go back out to the car then she comes out a lot of cops come are they aloud to

The car on privet property it's not running and she's not in but I'm the passenger are they aloud to search me

Brent T. Geers
Brent T. Geers
answered on Apr 1, 2022

Depends on what they saw and why they were there.

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Michigan on
Q: How to get your title back from a bail bonds men?

Son got in trouble on July 20 2018 they did not have enough cash for bond so they gave title of a 2001 dodge ram 1500 to bonds men they bailed him out. Nov. 2018 son was sentenced for 3 years in prison, son got paroled to my house on Nov. 2021, end of Feb. Son decided to sell truck couldn't... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2022

Apply for lost title with the secretary of state.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: In Michigan, do police officers have authority to search a locked container in the trunk of my vehicle that son drives?

Suppose my 17/18 year old son is pulled over by a police officer and the officer suspects use/possession of THC or nicotine and asks to search the vehicle. Keep in mind there is a locked container in the trunk of the vehicle.

Scenario 1: my son denies permission for a search. Does the... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 6, 2022

A proper search is premised on either a warrant exception (e.g., for vehicles, that is usually "plain view"), a warrant with probable cause, or consent. The police are always free to ask for consent to search.

In both your scenarios, I could see the police confiscating the box; I...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: In Michigan, do police officers have authority to search a locked container in the trunk of my vehicle?

If consent for a search is denied, but the officer has probable cause, are locked containers in the trunk subject to search? What if the key is not available to unlock the container?

Brent T. Geers
Brent T. Geers
answered on Mar 5, 2022

Search challenges are fact-dependent. No real way to say "yay" or "nay" without seeing the reports and knowing what the container was and what the police had reason to look for.

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Sexual Harassment for Michigan on
Q: I work for F.O.E. in Michigan. The Trustees are constantly making sexual comments and actions while I'm working.

My hours have been cut since I don't respond to their advances. There is no HR Dept. I'm unsure what to do about it..besides job hunting. Who can help me?

Brent T. Geers
Brent T. Geers
answered on Feb 18, 2022

You're in a tough spot. Is there a state-level office you could contact? You might want to start there.

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Michigan on
Q: Can police,courts and prosecutors be charged with violating oath of office and citizens constitutional rights?

Violations of 2nd,4th,6th and 8th under the bill of rights. Illegal search and seizure, destroying evidence, dereliction of duty, excessive force and death threats and much more.

Brent T. Geers
Brent T. Geers
answered on Feb 14, 2022

Police, courts, and prosecutors have various levels of governmental immunity that makes it extremely hard to sue them without a clear and very intentional violation.

2 Answers | Asked in Employment Law, Tax Law, Business Formation and Civil Rights for Michigan on
Q: Is this a court-worthy case?

I was asked by a former employer to create a website store for his small business. I worked on it, hours everyday for months and spent 500$ to perfect it, which I was told would be covered. After finishing the website I was suddenly let go from the business. I've been an employee of the... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2022

If you were an employee, maybe this is a wage and labor issue?

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Is COVID a viable exemption to the right to a speedy trial?

My fiance is in jail in Michigan for a crime committed there. He's in the COVID quarantine pod and has missed his probable cause hearing twice, another man in the pod missed his 5 times, although he's no longer positive for COVID. Is this a violation of his right to a speedy trial?

Brent T. Geers
Brent T. Geers
answered on Jan 27, 2022

No, but there may be other actionable problems here. Generally, there is a right to have the actual preliminary examine within 21 days of arraignment unless waived, or upon "good cause" by the court.

1 Answer | Asked in Consumer Law, Civil Rights, Identity Theft and Internet Law for Michigan on
Q: Can I sue tiktok to get a fake account taken down that someone opened up in my name and took one of my videos and put on

Fake account and I know who did it. I also feel this guy is scouting minors for trafficking I have emailed them over a dozen times n reported his account with no luck since 12/31/21. Not sure what else to do??

Brent T. Geers
Brent T. Geers
answered on Jan 22, 2022

I'm not sure how TikTok would be liable to you. Most social media companies, in that finely printed terms and conditions no one reads when they sign up for an account, say basically "we're just a platform and not responsible for the content users upload".

If you know...
Read more »

1 Answer | Asked in Family Law and Civil Rights for Michigan on
Q: How does one use genetic testing to prove paternity without a court order?

Is it true establishing that a positive genetic test is a conclusive method of determining paternity, if certain conditions are met and without requiring a court determination?

Brent T. Geers
Brent T. Geers
answered on Jan 13, 2022

For legal purposes? You cannot establish paternity without court order, unless you are married to the mother at the time, or you both sign an acknowledgement of paternity.

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