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Michigan Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Can police personnel files be exempt from a FOIA request? I requested a officers personnel file and was denied.

MCL 15.243 sec 13 (1 ,s, ix) was used as reason for denial.

James L. Arrasmith
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answered on Mar 2, 2023

It is possible for police personnel files to be exempt from a FOIA request depending on the specific laws and regulations of the state in question. In Michigan, MCL 15.243 sec 13 (1 ,s, ix) allows for exemption of certain information from public disclosure, including "[p]ersonnel records of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Would the rulling on warren v. District of Columbia make seatbelt laws unconstitutional therefore illegal?
James L. Arrasmith
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answered on Mar 2, 2023

No, the ruling in Warren v. District of Columbia does not make seatbelt laws unconstitutional or illegal. Warren v. District of Columbia is a case that involved a failure of the police to provide adequate protection to citizens, and the court held that the police do not have a constitutional duty... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Who is responsible for providing an appeal attorney if one cannot be provided to you. Who or what entity is responsible

I had one provided then they left then another was provided and they told the judge there was a break down in communication and left. I then wrote the judge and he said I would be provided one and then I had no response from anyone. I the. Tried to see who my lawyer was when I left prison and they... View More

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

With a guilty plea, you don't have a true right to appeal. There are certain issues you can ask for what's called "leave" to appeal. The Attorney Grievance Commission does not determine malpractice; they determine attorney ethical issues.

At this juncture, after...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Voice prints are like finger prints, and I have and I am recording, if anyone would like to review my recordings in I

I would be more than happy to let someone review my recordings and determine if they believe I have the grounds for a civil lawsuit or any other type of lawsuit.

James L. Arrasmith
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answered on Mar 8, 2024

It's important to understand that voice prints, much like fingerprints, can be unique identifiers and may be used in various legal contexts. If you believe your recordings have captured evidence that could support a civil lawsuit or any other legal action, carefully preserving these recordings... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: IF THE KALAMAZOO PUBLIC SAFETY AND KALAMAZOO COUNTY SHERRIFFS DEPT FAIL TO SHOW, AND DO NOT MAKE A POLICE REPORT ON A RA

I SENT MULTIPLE MESSAGES AND CAN PROVE IT TO KALAMAZOO PUBLIC SAFETY AND THE KALAMAZOO COUNTY SHERRIFFS DEPARTMENT LAST NIGHT BEGGING FOR HELP AND TELLING THEM THAT A WOMAN WAS BEING RAPED IN THE BATHROOM AT THE KALAMAZOO GOSPEL MISSION AND THEY FAILED TO EVEN SHOW UP OR REPLY, DO YOU THINK THESE... View More

James L. Arrasmith
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answered on Mar 1, 2024

It's deeply concerning and frustrating that law enforcement agencies failed to respond to your urgent messages regarding a reported rape at the Kalamazoo Gospel Mission. Their failure to show up or even reply raises significant questions about their effectiveness and commitment to public... View More

1 Answer | Asked in Personal Injury, Tax Law, Constitutional Law and International Law for Michigan on
Q: WHAT CAN I DO TO FIND OUT IF THE TARGETED JUSTICE WEBSITE IS LEGITIMATE? I KNOW THAT LIGHTHOUSE IS A FORMER NASA EMPLOY

DOES ANYONE KNOW ANYTHING ABOUT THE TARGETED JUSTICE WEBSITE?

I SIGNED UP FOR THEIR CLASS ACTION LAWSUIT AND OPTED IN TO HELP W RESEARCH AFTER READING A LITTLE ABOUT HOW ITS MOSTLY WOMEN WITH CHILDREN IN THIS PROGRAM. I HAD TURNED THE MICHIGAN STATE POLICE AND KALAMAZOO COUNTY SHERRIFFS... View More

James L. Arrasmith
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answered on Mar 1, 2024

To verify the legitimacy of the Targeted Justice website or any organization, start by conducting thorough research. Look for reviews, testimonials, and any news articles or reports about the organization. Check multiple sources to gather a wide range of perspectives. Websites like the Better... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Do they need to present search warrant before entering home

They raided a resident due to vehicle being insured with house but the person of interest lived elsewhere. From the warrant as they insisted, a control buy was conducted at a resident that’s in person of interest name but never searched and they went somewhere else. Never presented warrant prior... View More

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

No, they do not need to present search warrant prior to entry; especially in a raid situation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: I did not accept my plea and requested a jury trial for CSC charges. The judge refused a jury trial and charged me.

The judge charged me with what the plea was, then told me in open court that I was very naive. Is it legal for him to refuse a jury trial?

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2023

You should have a lawyer. From how you phrase the question, there has to be a misunderstanding of what's going on somewhere and you would benefit greatly from a lawyer's explanation.

1 Answer | Asked in Constitutional Law for Michigan on
Q: When asked to see a search warrant and the police do not provide one and continue to search is that legal?
Brent T. Geers
Brent T. Geers
answered on Nov 29, 2022

Depends. There are several exceptions to the warrant requirement, depending on circumstances.

1 Answer | Asked in Constitutional Law and Native American Law for Michigan on
Q: I am a descendant of a native American tribe.. non-tribal member. Can I consider myself to be an independent sovereign?
Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

You are free to consider yourself whatever you want. However, you will remain subject to all rules, laws, and expectations that apply to everyone else....including tribal members.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What law or title in the civil rights act protects me against discrimination from the friend of the court office?

I was looking at title vi information but as far as I know that framework is mainly for programs that accept federal assistance not so much referring to the employees of government offices. I do believe my investigator discriminates on gender and race. I know most times people are just being bitter... View More

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2022

You can file a grievance with that FOC office.

Remember, the evaluation is more or less an opinion, and you have the opportunity to object to that opinion and have a judge hear your case. You have the opportunity then to show the judge the FOC person got it wrong. Judge may or may not...
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1 Answer | Asked in Criminal Law, Constitutional Law, Elder Law and Health Care Law for Michigan on
Q: Why would ascension Borgess Kalamazoo put a sign outside my mom's room 357 saying DO NOT INCLUDE ME IN REPORT???

After taking a snapshot of this sign six plainclothes security one uniformed approached ordered me into the hall asked why I'm taking, I replied because this is my Mom and I love her. They took my id and would not return it until I agreed to leave, I had done nothing but take this picture. If... View More

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

A number of reasons, all of which depend on facts you are not disclosing in your question. Could be as simple as they are acting on instructions from the proper patient advocate - perhaps your mom's spouse or one of your siblings. Maybe there is an adult protective services investigation or... View More

1 Answer | Asked in Contracts, Family Law and Constitutional Law for Michigan on
Q: Do i have any right to sue dhhs for giving me false information and having me sign a fake contract?

Was told that me and my wife must get a divorce or that cps could be in our lives for up to 7 months and possible lose our kids. They had us both sign a contract say that we will not have any intimate relationship together but the contract can not be found.

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2022

You can sue whomever you like. You're likely to be unsuccessful suing a state agency in this situation.

Look, however or why CPS got involved, it apparently has something to do with the two of you being together. To stave off a petition and possible termination of parental rights for...
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1 Answer | Asked in Constitutional Law and Criminal Law for Michigan on
Q: If I am arrested are the police allowed to keep my phone and search it from the moment of arrest w/out consent?

My fiance was recently arrested on suspicion of armed robbery. The details of how he was named the suspect are very unclear and we were told several different stories from someone identified him to he matches the suspect in the photo (photo is blurry and shows someone whose face is fully covered... View More

Brent T. Geers
Brent T. Geers
answered on Jul 15, 2022

Your boyfriend - not you - needs to get a lawyer to handle this. And you should also not be talking to the police without your own lawyer, including answering questions you have no obligation to answer.

How he was identified as a suspect is something for his lawyer to figure out. The police...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: Can a person murder another person and it'll be OK if they claim it's part of their religion to murder people?

How come some people are exempt from the draft due to their religious beliefs or anti-war beliefs whereas others have to fight? Wouldn't everyone just claim they can't follow a law because it goes against their religious beliefs? If someone claims they can't pay taxes because... View More

Brent T. Geers
Brent T. Geers
answered on Jul 14, 2022

Claims of religious beliefs can be tested for sincerity. That is the case with conscientious objector status in the military. If you claim that your religion precludes, prevents, or causes you to do something, you better be prepared to show you sincerely believe that, and that you ascribe to all... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: can a statement in an interview (at police station)be used against you if your miranda rights were not read.

miranda rights were read after statement was given.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear... View More

1 Answer | Asked in Constitutional Law for Michigan on
Q: Are there repercussions for carrying a concealed weapon (with a permit) on private property with no weapons signs in MI?

I have my license for concealed carry in Michigan, and am going to the Kalamazoo museum, where they have a no weapons sign. If I carry anyway, am I opening myself up to legal repercussions? Museums aren’t on the list of banned places in Michigan. Kalamazoo is known for gun violence, especially in... View More

Brent T. Geers
Brent T. Geers
answered on May 25, 2022

MCL 28.425o provides a list of prohibited premises. I don't believe the museum could be considered one of those prohibited places. That said, any establishment may set conditions for entry and remaining on the premises. And in the case of a museum where you are effectively provided a license... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: What would you categorize invasion of privacy?
Brent T. Geers
Brent T. Geers
answered on Apr 28, 2022

Depends on the facts. Could be civil or criminal

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Was I falsely imprisoned? Potentially illegally detained?

Hello, a few years ago I was on probation. An officer came to my home and arrested me on an alleged probation violation. I was taken to the local county jail, processed booked and placed in a holding cell. An hour or less goes by, they come and tell me I'm being released. Someone made a... View More

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2022

It doesn't sound like unlawful imprisonment when a probation officer acted under color of law (e.g. alleged probation violation) to arrest you.

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: I wanted to know if I can pursue a case if I didn’t file a police report? I got robbed at a club back in December
Brent T. Geers
Brent T. Geers
answered on Apr 20, 2022

You can try....not sure what the police can or will do, and whether the prosecutor will have enough evidence to charge anyone. A defense attorney could eat that up that you waited so long to report.

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