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Michigan Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Michigan on
Q: When asked to see a search warrant and the police do not provide one and continue to search is that legal?
Brent T. Geers
Brent T. Geers
answered on Nov 29, 2022

Depends. There are several exceptions to the warrant requirement, depending on circumstances.

1 Answer | Asked in Constitutional Law and Native American Law for Michigan on
Q: I am a descendant of a native American tribe.. non-tribal member. Can I consider myself to be an independent sovereign?
Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

You are free to consider yourself whatever you want. However, you will remain subject to all rules, laws, and expectations that apply to everyone else....including tribal members.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What law or title in the civil rights act protects me against discrimination from the friend of the court office?

I was looking at title vi information but as far as I know that framework is mainly for programs that accept federal assistance not so much referring to the employees of government offices. I do believe my investigator discriminates on gender and race. I know most times people are just being bitter... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2022

You can file a grievance with that FOC office.

Remember, the evaluation is more or less an opinion, and you have the opportunity to object to that opinion and have a judge hear your case. You have the opportunity then to show the judge the FOC person got it wrong. Judge may or may not...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law, Elder Law and Health Care Law for Michigan on
Q: Why would ascension Borgess Kalamazoo put a sign outside my mom's room 357 saying DO NOT INCLUDE ME IN REPORT???

After taking a snapshot of this sign six plainclothes security one uniformed approached ordered me into the hall asked why I'm taking, I replied because this is my Mom and I love her. They took my id and would not return it until I agreed to leave, I had done nothing but take this picture. If... Read more »

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

A number of reasons, all of which depend on facts you are not disclosing in your question. Could be as simple as they are acting on instructions from the proper patient advocate - perhaps your mom's spouse or one of your siblings. Maybe there is an adult protective services investigation or... Read more »

1 Answer | Asked in Contracts, Family Law and Constitutional Law for Michigan on
Q: Do i have any right to sue dhhs for giving me false information and having me sign a fake contract?

Was told that me and my wife must get a divorce or that cps could be in our lives for up to 7 months and possible lose our kids. They had us both sign a contract say that we will not have any intimate relationship together but the contract can not be found.

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2022

You can sue whomever you like. You're likely to be unsuccessful suing a state agency in this situation.

Look, however or why CPS got involved, it apparently has something to do with the two of you being together. To stave off a petition and possible termination of parental rights for...
Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Michigan on
Q: If I am arrested are the police allowed to keep my phone and search it from the moment of arrest w/out consent?

My fiance was recently arrested on suspicion of armed robbery. The details of how he was named the suspect are very unclear and we were told several different stories from someone identified him to he matches the suspect in the photo (photo is blurry and shows someone whose face is fully covered... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 15, 2022

Your boyfriend - not you - needs to get a lawyer to handle this. And you should also not be talking to the police without your own lawyer, including answering questions you have no obligation to answer.

How he was identified as a suspect is something for his lawyer to figure out. The police...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Can a person murder another person and it'll be OK if they claim it's part of their religion to murder people?

How come some people are exempt from the draft due to their religious beliefs or anti-war beliefs whereas others have to fight? Wouldn't everyone just claim they can't follow a law because it goes against their religious beliefs? If someone claims they can't pay taxes because... Read more »

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

Claims of religious beliefs can be tested for sincerity. That is the case with conscientious objector status in the military. If you claim that your religion precludes, prevents, or causes you to do something, you better be prepared to show you sincerely believe that, and that you ascribe to all... Read more »

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 Constitutional Law for Michigan on
Q: Are there repercussions for carrying a concealed weapon (with a permit) on private property with no weapons signs in MI?

I have my license for concealed carry in Michigan, and am going to the Kalamazoo museum, where they have a no weapons sign. If I carry anyway, am I opening myself up to legal repercussions? Museums aren’t on the list of banned places in Michigan. Kalamazoo is known for gun violence, especially in... Read more »

Brent T. Geers
Brent T. Geers
answered on May 25, 2022

MCL 28.425o provides a list of prohibited premises. I don't believe the museum could be considered one of those prohibited places. That said, any establishment may set conditions for entry and remaining on the premises. And in the case of a museum where you are effectively provided a license... Read more »

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 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 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 Gov & Administrative Law, Consumer Law, Business Law and Constitutional Law for Michigan on
Q: How can the government claim ownership of confederate gold when it was abandoned or intentionaly hidden by confederacy

If the president of the Confederate Treasure left the gold intentionally would that not legally invoke the finders keepers laws? Who initially owned the confederate gold?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 11, 2022

The federal Confiscation Act of 1862 would apply to gold owned by the Confederate States of America (which the Act did not recognize as an entity), with the result that the United States would own the gold. This is a hypothetical question because the CSA government probably held no gold at the... Read more »

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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 Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Michigan on
Q: Are there lawyers that still believe in the oath they swore to defend people in the court of law

I don't know much about laws and court but I do know right from wrong I need help

Brent T. Geers
Brent T. Geers
answered on Dec 10, 2021

When a lawyer is in good standing, they deserve to be presumed to be zealous advocates for their client. What clients sometimes don't realize is that defending people does not include advancing unfounded theories, whether grounded in fact or law, or presenting false facts or statements. A... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: ex parte signed no due process objection denied no ev. hearing supv. visits still 5 yrs later no reason said he meets

no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 21, 2021

You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... Read more »

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