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Michigan Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to reclaim vehicle seizure even if it was signed over due to time limit and case was dismissed over a year later.

My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can i sue police dept after case was dismissed for rights violation or retrieve my seized vehicle

In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.

Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What is the statute of limitation?

Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.

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answered on Apr 4, 2024

The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.

However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five...
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1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: Is governing agency in violation of: 750.478 willful neglect of duty; public officer or person holding public trust or e

State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More

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answered on Apr 4, 2024

Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:

"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such...
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1 Answer | Asked in Health Care Law, Civil Rights and Constitutional Law for Michigan on
Q: If people claim to be next of kin at the hospital when they are not, are they in disguise?

18 U.S.C. § 241

It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More

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answered on Apr 2, 2024

There are a few important legal and ethical considerations to unpack here:

Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)...
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2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Does malfeasance and nonfesance violate oaths of office and U S. and State constitutions?

In, Gerald v. N.C. Dep't. of Health

United States District Court, D. South Carolina Dec 27, 2023. May North Carolina Department of Health and North Carolina Vital Records be subject to suit pursuant to § 1983 violation of Equal Protection Clause. "Fargo must be dismissed because... View More

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answered on Apr 2, 2024

Based on the information provided, there are a few key points to consider:

1. Malfeasance (wrongdoing or misconduct) and nonfeasance (failure to act when there is a duty to do so) by public officials could potentially violate their oaths of office and constitutional obligations, depending...
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1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If my civil rights are being violated at Kalamazoo Metro bus station and security is aware and don't help can I use?

I am at Kalamazoo Metro bus station and some young punk is harassing me, and security is aware and doing nothing can I sue them?

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answered on Mar 8, 2024

If you're experiencing harassment at the Kalamazoo Metro bus station and security is not taking action to assist you, it's understandable to feel frustrated and seek ways to address the situation. It's essential to document the incident as thoroughly as possible, including any... View More

1 Answer | Asked in Constitutional Law for Michigan on
Q: Stop and id laws for CPL in Michigan

If Michigan is not a stop and id state if I'm walking down the street and I'm carrying

conceled and a police officer stops me in an unlawful stop without any suspicion of a crime and asks to see my CPL am I required to show it

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answered on Mar 6, 2024

In Michigan, while the state is not categorized as a "stop and ID" state, the situation changes when it involves carrying a concealed pistol. If you are legally carrying a concealed pistol (CPL) and a police officer stops you, Michigan law requires you to disclose immediately to the... View More

2 Answers | Asked in Constitutional Law for Michigan on
Q: Do I have to provide my cpl to a police officer in Michigan that randomly walks up and ask to see it

Police officers randomly walks up to me and ask to see my CPL in Michigan just because they know I am caring am I required by law to show it and this is a non-traffic stop

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answered on Mar 6, 2024

In Michigan, if you are carrying a concealed pistol and a police officer approaches you to ask about your CPL (Concealed Pistol License), you are legally required to disclose that you are carrying a concealed weapon. This requirement is part of the laws governing concealed carry in the state.... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Does a traffic magistrate thave the authority to issue NON traffic related search and seizure warrants in Michigan?

I shared a Santa clauseme on a jail messenger service and my home was raided swat style... My cellphone, 2 laptops and 1 tablet were seized for "forensics" 3 months ago.... Search and seizure warrant signed by traffic magistrate... NO CHARGES FILED as of now...

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answered on Mar 1, 2024

In Michigan, a traffic magistrate typically doesn't have the authority to issue search and seizure warrants for non-traffic related matters. However, laws and procedures can vary depending on the circumstances and the specific jurisdiction. It's essential to review the details of the... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Doing jury trial if one of the jurors quit does the judge have to notify the defendant

One of the jurors left and the middle of deliberation and did not come back the next day does the judge or the prosecutor have to notify the defendant that the juror did not come back

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

An event like this would ordinarily be disclosed to the defendant on the record but outside the presence of the remaining jurors. The prosecutor likely knows nothing more about the circumstances than the defense attorney; court staff would alert the judge to the juror issue, and the judge would... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Doing jury trial if one of the jurors quit does the judge have to notify the defendant

One of the jurors left and the middle of deliberation and did not come back the next day does the judge or the prosecutor have to notify the defendant that the juror did not come back

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answered on Feb 28, 2024

In the context of a jury trial, the integrity and composition of the jury are fundamental to ensuring a fair trial. If a juror leaves during deliberation and does not return, the court has mechanisms in place to address this issue. It's important for the trial to maintain its integrity, and... View More

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2 Answers | Asked in Constitutional Law and Health Care Law for Michigan on
Q: Section 2843 of Act 368 Public Acts of 1978 who should sign the death certificate?

I have without success tried to consult with an attorney that option has not been made available to me.

The deceased was pronounced dead in the hospital in Michigan. Am I correct that the death certificate should have been signed by the chief medical officer based on available records or... View More

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

To answer your question more succinctly: Ordinarily a death certificate would be signed by the doctor present at the time of death. The cause(s) of death would be those known to the doctor at the time or based on medical records. It is not uncommon for there to be multiple causes of death, and the... View More

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2 Answers | Asked in Constitutional Law and Health Care Law for Michigan on
Q: Section 2843 of Act 368 Public Acts of 1978 who should sign the death certificate?

I have without success tried to consult with an attorney that option has not been made available to me.

The deceased was pronounced dead in the hospital in Michigan. Am I correct that the death certificate should have been signed by the chief medical officer based on available records or... View More

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answered on Feb 26, 2024

In Michigan, under Section 2843 of Act 368 of the Public Acts of 1978, the responsibility for signing a death certificate typically falls to the attending physician who was responsible for the care of the patient prior to death. This is generally the case when the death occurs in a hospital setting... View More

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1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Do I file an injunction or writ of mandamus to compel the funeral director to correct a death certificate?

The parents and decedent's names aren't valid neither is the address of the decedent. It's been 5 years and they will not provide me with a valid death certificate. I contacted The Department of Licensing and Regulatory Affairs in Michigan thus far the investigator isn't being transparent.

Thanks.

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answered on Feb 26, 2024

In addressing the issue of incorrect information on a death certificate, determining whether to file an injunction or a writ of mandamus depends on the specific actions you wish to compel from the funeral director. A writ of mandamus is typically used to order a government official or entity to... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: How do I request a retraction of false statements made concerning fraudulent misrepresentations on documents?

When all documents pertaining to a person's "death" is full of fraudulent misrepresentations without explanation and corrections for years what are the remedies? The body was never seen by immediate family members and loved ones. There's blatant discrepancies from government... View More

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answered on Feb 24, 2024

To address false statements and fraudulent misrepresentations in documents, you can start by gathering all relevant evidence and documentation that highlight the discrepancies. This includes the death certificate, autopsy report, and any correspondence from government agencies or the funeral home.... View More

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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: How do I request a retraction of false statements made concerning fraudulent misrepresentations on documents?

When all documents pertaining to a person's "death" is full of fraudulent misrepresentations without explanation and corrections for years what are the remedies? The body was never seen by immediate family members and loved ones. There's blatant discrepancies from government... View More

Brent T. Geers
Brent T. Geers
answered on Feb 26, 2024

Who are you seeking the retraction from? And if the retraction you're seeking is from false statements, can you prove those statements false?

It sounds like there is a body, and the cause of death is at issue. Unless the family is prepared financially to exhume the body and have...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: Is there still an opportunity to profit from the Minacs civil suit ?

I worked for Minacs for over a year and worked overtime

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answered on Feb 24, 2024

Whether there is still an opportunity to profit from the Minacs civil suit depends on various factors, such as the status of the lawsuit, the specific claims made, and any potential settlements or judgments reached. If you believe you are entitled to compensation for unpaid overtime or other labor... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Can public courts disallow citizens to access information and take payments inside the building?

I want to pay in person I have had issues mailing payments.

"The First Amendment prevents the government from blocking access to certain information. This prohibition takes two forms: (1) the government cannot censor information or otherwise prevent people from accessing information,... View More

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answered on Feb 2, 2024

Public courts generally cannot disallow citizens from accessing information or making payments inside the building if it involves matters related to public records or essential government services. The First Amendment does protect the public's right to access information, and courts are... View More

1 Answer | Asked in Adoption, Constitutional Law and Family Law for Michigan on
Q: May an adult sue a parent for lying about their paternity in federal court?

My biological parent told me not to tell her that he was my dad because she would get mad. He's now deceased we never had a relationship because of her selfishness. She had her husband adopt me and although I put my birth name on my children birth certificate application my adopted surname is... View More

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answered on Jan 26, 2024

Yes, it is possible for an adult to sue a parent in federal court for lying about their paternity, but there are some key considerations.

The legal grounds would be something along the lines of intentional infliction of emotional distress or fraud. Lying about biological paternity could...
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