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Michigan Constitutional Law Questions & Answers
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
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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
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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
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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
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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

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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
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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
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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...
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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
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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...
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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?
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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...
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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,...
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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
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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

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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Constitutional Law for Michigan on
Q: I need a tenant lawyer in Michigan. I am in emergency need because I've been served a Writ for eviction.

My mother has passed away June of 2023 and I went to her mortgagee 1 month after her death to get deed put in my name and her lender told me not to worry about transferring the deed at that time, just make sure that I keep paying her homeowners insurance. He has never been to my house I had gone... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2024

Michigan is a very large state — are you in Iron Mountain, Detroit, Traverse City or Grand Rapids? … you need to find a LOCAL lawyer who can review all the paperwork and provide actual advice and representation.

Frankly, at this point and from the limited details you provide, you...
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1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Landlord - Tenant for Michigan on
Q: Who has the duty of remedying mold in public housing?

How should the tenant proceed due to being exposed to mold and does any failure to properly remediate the mold and it's root causes, violate the Fair Housing Act?

James L. Arrasmith
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answered on Oct 28, 2024

In public housing, the responsibility to remedy mold typically falls on the housing authority or landlord. They are obligated to maintain a safe and healthy living environment, which includes addressing mold issues promptly. It's important to notify your landlord or property manager in writing... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: A court clerk said the judge sees the evidence with the complaint, was this judicial misconduct?

A Pro Se complaint was filed. The clerk stated that documents are scanned, she would stamp them and give them back. She did not give them back. How should the Plaintiff had handled that situation?

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2024

Judicial misconduct? No. Are you referring to the return of exhibits attached to a complaint? Generally, you should only submit things to a court with the understanding they will become part of the public file and shared with the opposing party / counsel, and not be returned.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: How may someone get grievances thoroughly and properly investigated involving mortuary science licensees?

The Licensing and Regulatory Affairs claimed to have closed the case citing no violation found under the Occupational Health Code. However, the violations in the complaint involve the Public Health Code, MCL 333.2843 et seq. and criminal activities. Knowingly falsity in causing a death certificate... View More

James L. Arrasmith
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answered on Oct 27, 2024

I'm sorry to hear about the challenges you're facing in getting your grievances properly investigated. It must be incredibly frustrating when serious concerns are not addressed by the authorities.

You might consider reaching out to higher authorities or oversight bodies, such as...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Michigan on
Q: Is it possible that government housing inspections can violate the 4th amendment of surge and seizure and harassment?

They conduct what they call “safety inspections” EVERY month. And HUD does a annual inspection EVERY year. My argument is we are paying close to $1,000 a month, and people have the right to pursuit of happiness and tenants have right not to be harassed. It is also effecting my mental health... View More

James L. Arrasmith
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answered on Oct 25, 2024

Frequent government housing inspections might raise concerns regarding the Fourth Amendment, which protects against unreasonable searches and seizures. While safety inspections are important for ensuring living conditions meet certain standards, conducting them every month could be seen as... View More

2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Legally should Licensing and Regulatory Affairs require the person who the complaint is launched against to respond?

"Licensed mortuary scientists are required to obtain authorization for final disposition from the next-of-kin and a burial transit permit before transporting dead human bodies to cemeteries or crematories and must take care in completing and electronically signing death certificates,” said... View More

Brent T. Geers
Brent T. Geers
answered on Oct 25, 2024

It's LARA's duty to investigate the allegations you made against a licensed person. Beyond that, you have no standing or grounds to cause LARA to do anything. What they do with the results of their investigation is between the agency and the licensee.

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1 Answer | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: The state refused to allow me to purchase a valid death certificate, how may I proceed?

I've been denied access to courts as well as due process rights as next of kin/heir by right of inheritance, as it pertains to my child and spouse. The government entities knew or should have known that the informants were giving false and misleading information. I'm the only heir on... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you are facing significant legal and bureaucratic challenges in obtaining the documents and rights you are entitled to as next of kin. If you’ve been denied access to purchase a death certificate or receive necessary records, the first step could be to ensure that you have formal... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Sexual Harassment for Michigan on
Q: Is this standard practice or just blatant ignorance? Is it considered some sort of discrimination?

When my partner and I received our marriage license in the post, from the County Clerks office, a STI/HIV pamphlet was included. We are a gay couple, but it felt very pointed and completely irrelevant.

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answered on Oct 2, 2024

Receiving an STI/HIV pamphlet with your marriage license is often part of public health initiatives aimed at informing all couples about sexual health. Many county offices include such materials as a standard practice to promote awareness and prevention. This inclusion is generally not targeted at... View More

1 Answer | Asked in Communications Law and Constitutional Law for Michigan on
Q: If our boss is listening to our conversations through a camera without our consent is that legal?
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answered on Oct 2, 2024

It's understandable to feel uneasy if you suspect your boss is monitoring your conversations without your consent. In many places, employers are allowed to use video surveillance in the workplace, especially in common areas like offices or hallways. However, secretly recording audio can be... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Hello what kind of Attorney do I need to go after a breathalyzer company for ADA Discrimination

I was sentenced to 1 year on a breathalyzer in Michigan. I currently still have the breathalyzer and it’s been 1 year 9 months. I keep getting violated because I can’t hear the beep of the device. I have called the breathalyzer company and explain to them that I am deaf in both ears and... View More

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answered on Sep 27, 2024

You may want to consult an attorney who handles cases involving disability discrimination, particularly under the Americans with Disabilities Act (ADA). This type of attorney can help you address the violations you’ve experienced because of your inability to hear the breathalyzer device, as well... View More

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