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Michigan Constitutional Law Questions & Answers
1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: What are my options when my FOIA request was approved, but not in my possession/delivered?

My first FOIA request was denied. Two years later my second FOIA request was approved 12-5-23 once I included I have a constitutional right to receive the information, however she said I had to pick it up. 1-9-24 I inquired why I haven't been contacted to pick it up, I was told that it was... View More

James L. Arrasmith
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answered on Jan 15, 2024

In your situation, where a FOIA (Freedom of Information Act) request was approved but the documents haven't been delivered as promised, you have several options to consider.

First, it's advisable to contact the agency that approved your request to inquire about the delay. Ask for...
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1 Answer | Asked in Constitutional Law, Public Benefits and Health Care Law for Michigan on
Q: How may an individual gain access to their own records under the Privacy Act?

Is Michigan Vital Records and Michigan Department of Health and Human Services subject to the Privacy Act/FOIA for my own personal records? My request was denied stating that MDHHS is exempt; I requested repayment information. However, in the denial letter I was told to call the local MDHHS, I left... View More

James L. Arrasmith
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answered on Jan 15, 2024

Under the Privacy Act, individuals have the right to access records about themselves held by federal agencies. However, this Act applies to federal agencies, not state agencies like the Michigan Department of Health and Human Services (MDHHS) or Michigan Vital Records. Each state has its own laws... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Is the knowledge, training, or experience of an officer considered facts to constitute probable cause for search warrant

The cops raided the house where I live based on a warrant where facts listed on the affidavit were facts such as those amongst other things.

I was also wondering about particularity clauses and the definition or examples of a blanket warrant.

The property to be searched for and... View More

James L. Arrasmith
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answered on Jan 7, 2024

In determining probable cause for a search warrant, the knowledge, training, and experience of a law enforcement officer can indeed be considered. The officer's expertise can contribute to interpreting and understanding the significance of facts and circumstances that might otherwise seem... View More

1 Answer | Asked in Constitutional Law for Michigan on
Q: According to the Constitution merrick Garland has committed treason can local police arrest him if they see him?

Letting all those illegal immigrants is treason according to the U.S. constitution. So with out there chief saying go arrest him for treason. Can a officer go off the constitution that says it's treason and arrest him if he is in there city and charge him for treason. Or can a person make a... View More

James L. Arrasmith
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answered on Dec 27, 2023

The accusation of treason, as defined by the U.S. Constitution, is a complex legal matter that requires specific criteria to be met. Under the Constitution, treason is defined as levying war against the United States or giving aid and comfort to its enemies. This definition sets a high bar for what... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: May I inspect a birth certificate before purchasing it?

Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§... View More

2 Answers | Asked in Constitutional Law and Municipal Law for Michigan on
Q: is it illegal in michigan to print out pictures of poop at a public library then tape them to sidewalks?
James L. Arrasmith
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answered on Dec 10, 2023

In Michigan, the legality of printing pictures of poop at a public library and then taping them to sidewalks involves several considerations. First, using public library resources, like printers, typically falls under the library's policies. These policies often prohibit printing materials... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Is claiming to be next of kin on legal documents fraudulent misrepresentation?

What other laws are being violated when this happens if any and lying to the police that your the next of kin? When the morgue releases the body to someone claiming to next of kin what is the statute of limitations?

James L. Arrasmith
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answered on Dec 9, 2023

Claiming to be the next of kin on legal documents when you are not is indeed a form of fraudulent misrepresentation. This act can have serious legal implications, especially when it leads to the wrongful acquisition of property or rights, such as in the case of claiming a deceased person’s body... View More

1 Answer | Asked in Constitutional Law for Michigan on
Q: May I request photographs mailed to me under the Freedom of Information Act?

How do I request photos by mail and where is it cited if I may?

James L. Arrasmith
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answered on Dec 5, 2023

Under the Freedom of Information Act (FOIA) in Michigan, you have the right to request access to public records, including photographs, from any public body. To request photos by mail, you'll need to send a written request to the agency that holds the photographs.

In your request, be...
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1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Probate for Michigan on
Q: How is it known to the public if court records are or files are sealed?
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answered on Nov 28, 2023

There is typically no way for the general public to know if court records or files have been sealed unless this is specifically disclosed by the court. Sealed records are, by definition, restricted from public access and inspection.

Instead, here is what generally happens when records are...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Elder Law for Michigan on
Q: Is it legal/ethical for guardianship to be granted to someone who have violent felons living and visiting the house?

Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.

The state sought charges on the behalf Matthew's mother against... View More

James L. Arrasmith
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answered on Nov 28, 2023

No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:

• The court has a responsibility to thoroughly...
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2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Do inmates have rights as far as HIPPA or privacy rights that guards are not allowed to share with people?

My brother is dating a girl that works in the jail my boyfriend is currently an inmate at. When my brother told her who my boyfriend was she shared a lot of information with my brother that was in my boyfriend's file, I feel this is at best unprofessional, but is there anything legally that... View More

Brent T. Geers
Brent T. Geers
answered on Nov 26, 2023

Without knowing what information specifically, it's hard to say. Some information on your boyfriend's file may also be public information, such as charges.

Might be unprofessional, at worse, but could be more. Larger issue is that unless the disclosure is something pretty major,...
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Michigan on
Q: My boyfriend is in need of a wrongful improvement lawyer asap as he is almost outta time and was railroaded

So my boyfriend was arrested for homicide /manslaughter 2020 and he was truthfull with the police and freely told the truth on what his part in sed mans death could have been but he was forced to take a plea deal and in prison for six months before the investigation was even over with the... View More

James L. Arrasmith
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answered on Nov 7, 2023

If your boyfriend believes he was wrongfully convicted, it would be prudent for him to consult with an attorney experienced in criminal defense and appellate work. Since this is a matter of Michigan law, he should seek out a Michigan-licensed attorney promptly, as there are strict time limits for... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no... View More

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answered on Nov 7, 2023

It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but the refuse to it would show that I had nothing to do with them and no... View More

James L. Arrasmith
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answered on Nov 7, 2023

If you're facing charges and believe your civil rights have been violated due to the refusal of a DNA test on evidence, you should promptly discuss this issue with a criminal defense attorney. In Michigan, as in all states, defendants have the right to challenge the admissibility of evidence... View More

1 Answer | Asked in Native American Law, Criminal Law and Constitutional Law for Michigan on
Q: Can a tribal k9 unit do a sniff search on a vehicle on state land, resulting in a search in Michigan?

My vehicle was searched due to a tribal police officer driving from an hour away to do an outside sniff of the car. I am not tribal and it was not on the reservation. They also broke open a lockbox. I am on parole but my wife is not and was in the car.

James L. Arrasmith
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answered on Oct 23, 2023

Tribal law enforcement's jurisdiction outside of reservation land is limited. In general, tribal police do not have inherent authority to enforce state laws on state lands unless there's a specific agreement or deputization in place. Michigan, like other states, may have agreements that... View More

1 Answer | Asked in Contracts, Family Law, Civil Litigation and Constitutional Law for Michigan on
Q: What can I do if I was denied the right to file a motion to dismiss a default judgment, which resulted in me now…

Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

You need a lawyer; and you likely needed a lawyer months ago.

As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.

You have a...
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1 Answer | Asked in Copyright, Constitutional Law and Intellectual Property for Michigan on
Q: What can I do if someone steals my home blueprint design and builds it?

I am a builder/designer

James L. Arrasmith
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answered on Sep 11, 2023

First, you might consider reaching out to the party involved to seek a resolution outside of court. If that doesn't work, you can take legal action for copyright infringement, as blueprints can be considered intellectual property. To establish a strong case, it will be beneficial to have proof... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can I be charged with 2 counts of police officer assaulting resisting obstructing

Not sure how I can be charged we that why there are 2 counts is because there was 2 officers present my girlfriend called them on me for domestic violence when she's the one that bit me and wouldn't release when I asked her to so yes I had to slap her to get her to release then she was... View More

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2023

The devil is always in the details. Here, I suspect the police are going to testify that they issued commands to stop, etc. Hopefully there's body cams to support what you're saying about that.

The two counts of R&O would likely come from two officers present, HOWEVER, that...
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2 Answers | Asked in Constitutional Law for Michigan on
Q: Can I say, "I amend the 5th" when I get questioned by the police in school?
Brent T. Geers
Brent T. Geers
answered on May 19, 2023

I'll assume you mean "plead the fifth". That right is so gravely misunderstood by the general public as to almost be comical.

If you are questioned by police about something they believe you did, then yes, you have an absolute right not to incriminate yourself....
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1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Would the rulling on warren v. District of Columbia make seatbelt laws unconstitutional therefore illegal?
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answered on Mar 2, 2023

No, the ruling in Warren v. District of Columbia does not make seatbelt laws unconstitutional or illegal. Warren v. District of Columbia is a case that involved a failure of the police to provide adequate protection to citizens, and the court held that the police do not have a constitutional duty... View More

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