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Michigan Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Michigan on
Q: Can practicing and ordained Pagans use Psilocybin for religious intent?

I’m ordained and have been considering doing a Pagan soul search.

Brent T. Geers
Brent T. Geers answered on May 20, 2020

Psilocybin (aka mushrooms) is considered a Schedule 1 controlled substance and so is illegal. There is no religious exception. If you are caught, you could be criminally charged with use or possession of a controlled substance.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: looking for case law on dismissed civil cases based on a ex parte between judge and plaintiff lawyer

I'm involved in a case where a federal judge talked to plaintiff counsel in private during a hearing and never spoke to myself. I represent myself in the case. This infraction happened twice and after these meeting motions was granted against me. I have on record of last hearing where Judge... Read more »

Brent T. Geers
Brent T. Geers answered on May 1, 2020

No real answer here other than to say you really should be consulting with an attorney versed in federal court procedure, and at least consult with an attorney about helping you draft an appeal. It is unclear from your question how the judge spoke with plaintiff's counsel ex parte; it almost... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can an executive order from the Govenor of MI supersede my 1st Amendment rights?

Michigan is under a "stay home, stay safe" order which bans assembly of more than 10 people. Am I protected by the 1st Amendment to peacefully essemble? Does this order supersede my constitutional rights?

Brent T. Geers
Brent T. Geers answered on Apr 6, 2020

Great question! Not sure if you're asking in theory or in practice. But yes, in times of crises, orders and laws can be made that may infringe on certain constitutional rights. When doing so on fundamental rights, the government must show a compelling need and ensure that the law or order is... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can you film a member of the public if they are involved in a police incident?

This would be on public property.

Brent T. Geers
Brent T. Geers answered on Mar 26, 2020

Yes, quite likely. Generally, you may film or take pictures of anything or anyone you can see from where you are lawfully present. What you do with those images is a different matter. Although I would say that the law allows far more than what personal ethics and morals might.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Is it illegal to refuse to give your i.d. to police if you haven't committed a crime in the state of Mi. When is it a c

Is it a crime to wear a winter ski mask outside on a public sidewalk during the day in Virginia and Michigan

Brent T. Geers
Brent T. Geers answered on Jan 31, 2020

You must stop and identify yourself to police when requested; it is a crime in itself not to do so or to provide false information. If you do not, the police can detain you until your identity can be ascertained.

As to the ski mask in public, walking down the street may not be an issue,...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Michigan on
Q: How do I get an attorney to represent me in my Habeus case # 19-12248 in district federal, a serious case of corruption?

Too many details in my case, however it started in Montana, and then MI colluded against me. You can bet that big favors were involved.

Brent T. Geers
Brent T. Geers answered on Jan 22, 2020

You don't have a right to an attorney at this stage so if you want representation, you'll need to hire an attorney.

1 Answer | Asked in Civil Rights, Constitutional Law and Child Support for Michigan on
Q: how does title 42 not violate my constitutional rights?
Gary Kollin
Gary Kollin answered on Sep 27, 2019

why do you think it violates your rights?

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Michigan on
Q: With no fault divorce thus no crime; how is it that Alimony is awarded since the Michigan Constitution bans slavery.

Given that the state of Michigan does not allow for slavery except in the punishment of a crime and that no fault divorce is not a crime how does the Michigan supreme court fail to rule all Family Court Spousal Support claims and rulings as unconstitutional. Once a union is dissolved continued... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

I see that you are a student of the law; that's good.

By your logic, shouldn't wage garnishments in general be abolished? And in fact civil litigation between private individuals should be unconstitutional, no? After all, how is that you should be able to sue me and take my money...
Read more »

1 Answer | Asked in Real Estate Law, Constitutional Law and Municipal Law for Michigan on
Q: Can a building inspector enter into a private home without a warrant?

Local building inspector entered unoccupied private property without permission of owner or a warrant and take pictures to use as evidence in a civil procedure?

Can Camara v. Municipal Court (1967) or Mapp v. Ohio (1961) be cited to have the pictures deemed inadmissible?

David Soble
David Soble answered on Sep 19, 2019

Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety.

If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent out letters to the owners, based upon the owners'...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: In an invasion of privacy where the Plaintiff gave the Defendant permission to do whatever with video, how do you defend
Brent T. Geers
Brent T. Geers answered on Jun 10, 2019

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...
Read more »

1 Answer | Asked in Constitutional Law, Criminal Law, Gov & Administrative Law and Traffic Tickets for Michigan on
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... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2019

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... Read more »

1 Answer | Asked in Constitutional Law, Consumer Law, Criminal Law and Real Estate Law for Michigan on
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 »

Trent Harris
Trent Harris answered on May 2, 2019

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... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
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.

Brent T. Geers
Brent T. Geers answered on Mar 26, 2019

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... Read more »

1 Answer | Asked in Constitutional Law for Michigan on
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

Brent T. Geers
Brent T. Geers answered on Jan 2, 2019

You'll probably need to open a probate estate, and with the Letters of Authority in hand, contact the police department.

1 Answer | Asked in Constitutional Law for Michigan on
Q: Can you carry a concealed pistol in Michigan without a CPL? I heard they passed a law allowing this
Daniel Hilf
Daniel Hilf answered on Nov 9, 2018

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.

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
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 »

Derrick E. George
Derrick E. George answered on Oct 28, 2018

Get an attorney at this point.

1 Answer | Asked in Family Law, Child Support, Civil Rights and Constitutional Law for Michigan on
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... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 15, 2018

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 »

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
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 »

Brent T. Geers
Brent T. Geers answered on Oct 10, 2018

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... Read more »

3 Answers | Asked in Constitutional Law and Criminal Law for Michigan on
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

Brent T. Geers
Brent T. Geers answered on Sep 28, 2018

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... Read more »

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1 Answer | Asked in Constitutional Law and Criminal Law for Michigan on
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 »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2017

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...
Read more »

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