Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

Inmates do retain certain privacy rights, including protections under the Health Insurance Portability and Accountability Act (HIPAA). HIPAA safeguards the confidentiality of medical information, which applies to individuals in correctional facilities as well. If the information shared from your... View More

View More Answers

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,...
View More

View More Answers

1 Answer | Asked in Constitutional Law, Education Law and Civil Rights for Michigan on
Q: Can a teacher forbid discussing religion in a public school-funded debate class?

In my high school debate class, which is funded through a partnership with a public school, my teacher has told me I'm not allowed to discuss or mention my religion because a fellow student dislikes it. The school generally discourages discussions on politics or similar topics, but I find it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025

In a public school setting, teachers generally have the right to set guidelines for classroom discussions, especially in debate or speech classes, to ensure a productive and respectful learning environment. These rules typically aim to prevent disruptions or conflicts between students with... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Michigan on
Q: How can we legally enforce a clergyman's removal from our monastery?

Our religious community seeks to replace a resident clergyman who resides in our publicly registered monastery. Over 400 members support his removal, and he has been informed of this petition. While we believe community guidelines allow for replacing him, we're uncertain about the current... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

To begin, you’ll need to review the monastery’s founding documents, bylaws, or any governing agreements registered with public authorities. These documents should outline the process for appointing and removing clergy, as well as who holds the authority to make those decisions. If there’s... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Seeking legal help for civil rights violations involving unauthorized biomedical implants and harassment technologies.

I believe I am a victim of civil rights and constitutional violations, involving unauthorized placement of neurotransmitters in my body, and harassment through technologies like voice-to-skull and remote neural monitoring. I've collected evidence, including frequencies linked to Russian, EU,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

I understand you're going through a difficult situation and seeking justice for what you believe has happened to you. Concerns about unauthorized surveillance and technological harassment should always be taken seriously, as everyone deserves to have their rights protected.

You've...
View More

1 Answer | Asked in Criminal Law, Constitutional Law and Traffic Tickets for Michigan on
Q: Challenging a felony drug charge post-traffic stop in MI

I was pulled over for a broken tail light on my motorcycle and issued a few traffic tickets. When the state trooper asked for consent to search me, I declined. He instructed me to get off the motorcycle, placed me in handcuffs, and searched my pockets, finding a small baggie of meth. He then towed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

Your situation raises legitimate legal concerns about the search procedure during your traffic stop. The Fourth Amendment protects against unreasonable searches, and case law like Arizona v. Gant does address the parameters of searches incident to arrest during traffic stops. While your public... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Michigan on
Q: Can a state committee publicly testify on legislation under an executive order restriction?

I serve on a committee under the State Police, which operates within the Executive Branch. Our role is to improve 911 services and oversee training and compliance. We were informed that, due to an executive order signed by the Governor, the committee cannot publicly testify for or against... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

You're facing a complex governance issue that highlights the tension between executive authority and public transparency. Executive orders can indeed restrict official testimony from committees within the executive branch, as the governor has authority to direct how executive agencies operate... View More

Q: Can I sue the government over misallocated tax spending?

I am concerned about the federal government's allocation of my taxes, particularly regarding DOGE's findings of government fraud and waste. Specifically, DOGE has reported instances of social security benefits being paid to deceased individuals and excessive spending on foreign aid for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2025

You face significant legal hurdles in suing the federal government over tax allocation decisions, even with DOGE's findings on waste and fraud. The doctrine of sovereign immunity generally protects the government from lawsuits unless it consents to being sued, and courts have consistently... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Is it legal for a civil law that has felony punishments to enforce it?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2025

No, a civil law cannot impose felony punishments. Civil law deals with disputes between individuals, businesses, or organizations, and the penalties typically involve monetary damages or court-ordered actions. Felony punishments, such as imprisonment, are part of criminal law, which is enforced by... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: If a Police officer has the renters explicit permission to enter a home does he have to knock first legally
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2025

If you have given a police officer explicit permission to enter your home, they generally do not need to knock before coming in. Your consent allows them to enter without following the usual procedure of announcing themselves first. This means that once you've agreed, they can proceed directly... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Is there any civil liability for target corporation demanding me to take a video down I own?

So I produce content for a living. I recently got a email from a Target corporation attorney demanding I remove the video, because of a few comments made by viewers in the comment section. I own the rights to the video. The video is currently private until this is resolved. It seems like they are... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

Based on the situation you've described, Target's demand appears questionable since you own the rights to your video content. Simply having viewer comments that Target disagrees with typically wouldn't give them legal grounds to force removal of your entire video, especially if the... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.