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

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
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

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
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

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
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

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

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
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?

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
How do I request photos by mail and where is it cited if I may?

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
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

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

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
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

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
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

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
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

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
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

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
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

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
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

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
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

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
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

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

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

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
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

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.