Michigan Constitutional Law Questions & Answers
Q: In an invasion of privacy where the Plaintiff gave the Defendant permission to do whatever with video, how do you defend
Too many factors at play to give a good answer, but let me provide a framework for analysis:
If you're thinking along the lines of invasion of privacy, then it would seem that this video was taken in some place or of something where an expectation of privacy existed for the person in the... Read more »
Q: Must police ask reasonably related questions related to the purpose of the traffic stop for an equipment violation?
Illega I was pulled over by the state police and got in trouble. I turned the corner with him coming towards me and he immediately turned around and pulled me over. All that was asked was for my papers, and 'how much have you had to drink today cause I can smell it.' End of story. Not a clue why I... Read more »
Interesting question, and I can tell you did some research. The limits expressed in Terry v. Ohio don't apply when driving a car. Police can pull over a car for any number of reasons, and once stopped, can inquire as they did in your case. I would note that you didn't have to answer the question... Read more »
Q: Is it illegal for an agent to cash a money order deposit if we have not gotten an approval or keys to the house?
My husband and I met a Realitor who helped us find a house. We gave her a deposit and app fee. We never heard back from the Agent with an approval or denial. We found out that the money order was cashed, and we still have not received keys, approval, or a denial. Is this illegal? Do we have a... Read more »
It sounds like you're talking about a Realtor who helped you to find a rental home, as opposed to buying. It may not be illegal for the Realtor to cash the check. The Realtor, whether an agent for the landlord or for you, holds the funds in escrow/trust. But if you have not been approved for the... Read more »
Q: How can I file a lawsuit against police for racial profiling and defamation of reputation?
Police do discrimination and racial profiling against me. They defame my reputation everywhere. I want to file a lawsuit against police for violating my constitutional and civil rights, and to bring my witnesses to the court to testify under the oath.
Perhaps your first stop should be to the police department to make a formal complaint with that department's internal affairs. Your next stop could be to a civil rights attorney. Successful claims show a pattern of discrimination and profiling, and without substantial evidence of that, an attorney... Read more »
Q: My dad passed away in his home police got there before me he had no girlfriend anx im his only son the police said the
Y are taking them for safety reasons how would i get them back
You'll probably need to open a probate estate, and with the Letters of Authority in hand, contact the police department.
Q: Can you carry a concealed pistol in Michigan without a CPL? I heard they passed a law allowing this
No. This would be considered a felony offense if the person was prosecuted. Pursuant to Michigan Compiled Law 750.227 the maximum penalty for this offense is up to 5 years in prison, or a fine of not more than $2500.
Q: Can you help Or should I have an Attorney during questioning
20 years ago thereabouts a Detroit Fire Battalion Fire Chief was killed in his home on west rd in Brownstown Michigan. at the time of his murder, I had already been away from this Roofing/Chimney company for two years. Prior to this murder, I had worked for them 10 or so years. The reason I am... Read more »
Get an attorney at this point.
Q: Mom took a phone away and won't give it back, and it was a gift to me?
My mom bought me a phone as a way of knowing where I am, but she caught me texting my grandma telling her thank for helping pay for my high school (senior)cap & gown stuff, so she took away the phone that was a gift and wont give it back because her new husband talks to her into not giving it back... Read more »
Sounds like there is some family dynamic issues going on that you should discuss with your mom. Aside from that, your mom is well within her right to take the phone away. Her house, her rules. If you are 18, or something like this happens after you turn 18, you could take the phone, leave, and find... Read more »
Q: Got denied visits for minor misconduct
My husband is in prison he got his visits taking away for substance 2 years ago, we went through all the loop polls of getting them back with them saying since he got a minor misconduct that they are not going to restore his visits but however in policy it only states that they can deny them for a... Read more »
It sounds like the MDOC is using subsequent misconduct to deny restoration of visiting privileges. That is very different from an initial determination. In a nutshell, they are saying "our policy wouldn't allow us to take away visitations for this latest ticket, but because of this latest ticket,... Read more »
Q: Can police put spy software on my phone, if so do they need a warrant and can I know if they did
The police went through my phone to see if they could find any material (didn't) after I was arrested for b and e. (they took it too Lansing state police to have them hack into hit. Now they are giving it back today, do you think they put spying software on it and if so, is it legal
Highly unlikely that local police would put spyware on the phone. Doing so costs money and effort to monitor it. This is a new and developing area of the law, but I'm thinking even if the police wanted to put spyware on your phone for some reason, I'd imagine they would need a warrant if they ever... Read more »
Q: Having your medical marijuana card and cpl in michigan
If you read the law for the medical marijuana in michigan it states that 4. Protections for the Medical Use of Marihuana.
Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card is not
subject to arrest, prosecution, or penalty in any... Read more »
Having a medical marijuana card in itself, does not conflict with having a CPL. However, the law governing CPLs does make clear that you may not carry while under the influence - medical marijuana does not excuse someone from that provision.
In short, you may have both, but you can't use... Read more »
Q: Can my township take my house if I don't replace my wooden siding with vinyl.
Generally, no, if the reason for their request is because of "blight."
However, if your current home is posing a danger to the public, then they can condemn the property. Hard to know how "siding" can pose a danger to the community.
Q: Is the due process clause absolute?
Due process requires at a minimum notice and an opportunity to be heard before the government deprives a person of life, liberty or property, but otherwise can vary with the circumstances.
Q: is it illegal for a news company to distribute fake news? Is it illegal for private individuals to distribute fake news?
No and no. Individuals may have a right to sue and recover for libel/defamation however if named in and injured reputationally by fake new stories.
Q: Me and my neighbor got into a argument exchanged some words, and he told the cop's that I bumped him n got spit on him.
I left before he called cop's. What can I be charged with? The whole argument was over a loan and he tried to sell my 100.00 debt to someone we know.
You can be charged with assault and battery. That crime is a misdemeanor and is punishable by up to 90 days in jail.
Q: Has there ever been any case where the MI Ct. of App. heard a case directly from a state agency skipping the cir. ct.?
The cir. ct judge heard a superintendent control show cause hearing case against a state agency who has an agreement with the federal government to provide its state residents with the 100% fed. program refused to use the strict legal guidelines established by the fed. gov't for state agency... Read more »
You have an attorney, right? You have to ask your attorney all of your questions. Your attorney already knows all the facts and circumstances, we do not, and what you have written is quite confusing.
Q: What limits the President's ability to respond quickly to unpopular regulatory decisions
Is this a homework question or a test question? Read your textbook, do an internet search on this topic.
Q: What power of the constitution grants eminent domain
Read this link: http://constitutioncenter.org/interactive-constitution/amendments/amendment-v
Q: WRONGFULLY INCARSARATED FOR 1 YEAR HOW MUCH MONEY IS THAT
THIS HAPPEND IN MICHIGAN THE OFFICERS ARE IN FED PRISON FOR PLANTING DRUGS THEY TOLD ME THAT MY CASE WAS DISSMISED A YEAR LATER AFTER I COMPETED A YEAR ALL READY
Do you have a solid answer to this nearly 4 year old question yet?
Q: Can A state statute trump and persons 5th amendment right. And terminate his or her state license for invoking It ?
No facts given means we cannot answer, basically.
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