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Michigan Constitutional Law Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Is it legal for police in a small town to follow cars on weekends through town with their headlights off.

This occurs late at night when traffic is isolated.

James L. Arrasmith
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answered on Sep 21, 2024

It’s understandable to be concerned about the police following cars, especially in unusual circumstances. Law enforcement officers have broad authority to patrol and monitor vehicles, but their actions must still respect the law and constitutional rights. Following vehicles without headlights at... View More

1 Answer | Asked in Constitutional Law for Michigan on
Q: Why would the Michigan state police let me go then issue a warrant weeks later
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answered on Sep 12, 2024

It’s possible that the Michigan State Police decided not to arrest you at the time because they didn’t have all the necessary evidence or because they wanted to investigate further. Sometimes, law enforcement might need to review more information or consult with a prosecutor before deciding to... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Government Contracts and Identity Theft for Michigan on
Q: How can I get a lawyer or file a case myself with being a political prisoner, data breached, and civil rights violations

How can I get a lawyer or file a case myself with being a political prisoner, data breached, and civil rights violations

I have been a Havana syndrome victim but I am not a US employee and I failed to have any protections from government when I kept getting attacked as a known human... View More

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answered on Sep 7, 2024

To find a lawyer for issues like being a political prisoner, data breaches, and civil rights violations, consider reaching out to legal aid organizations, civil rights groups, or bar associations in your area. Organizations such as the American Civil Liberties Union (ACLU), Electronic Frontier... View More

1 Answer | Asked in Workers' Compensation, Constitutional Law and Employment Discrimination for Michigan on
Q: Can I be compensated if the supervisor sent me home because they thought I was hiding in the bathtoom

Hello I have been at this company for about a year now and today I was sent home because they thought I was in the bathroom hiding. We still have three hours of work, And a lot of material and product Too box up. I went to the bathroom and when I came out of the bathroom, they told me that I was... View More

James L. Arrasmith
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answered on Aug 31, 2024

You may have grounds to request compensation for the time you were sent home if it was unjustified. Since you were not hiding and were in the bathroom for only 20 minutes, you could argue that your dismissal was based on an incorrect assumption. It’s important to gather any evidence, such as... View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Constitutional Law for Michigan on
Q: if I was a victim of domestic violence 3 years ago from my son's father and I have multiple photographs of The assault,

but in fear for my life never reported the abuse, then this year he called the cops lying saying i attacked him and had me arrested based on an audio recording from a fight a verbal argument when he crashed and hacked into my Wi-Fi breaking my new router but didn't have any physical evidence... View More

Brent T. Geers
Brent T. Geers
answered on Aug 5, 2024

You could try, but I doubt a prosecutor would want to charge something like.

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2 Answers | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Michigan on
Q: Can police run your plate while moving in Michigan
Brent T. Geers
Brent T. Geers
answered on Aug 1, 2024

Absolutely. In fact, some departments and areas have license plate scanners mounted on vehicles they can use to just drive around a parking lot of run all plates almost instantly.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What branch of government is a Michigan district court probation officer? (case law/MCL reference would be appreciated)

The material issue is the issuance of a felony arrest warrant and three search warrants in a felony criminal case, behalf a non-attorney Michigan District Court Magistrate, who simultaneously holds the position of a Michigan District Court Probation Officer, in violation to the "neutral and... View More

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answered on Jul 29, 2024

In Michigan, district court probation officers are part of the judicial branch, as they work directly for the district courts. The case law you referenced, People v. Kern, confirms that the Michigan Department of Corrections (MDOC) has jurisdiction over probation officers under MCL 791.204.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Landlord - Tenant for Michigan on
Q: As a D.V victim can I sue a housing Agency for posting photos of my daughters & I on their social media without consent?

In my complex, we have exclusive resident parties organized by the housing agency. I've consistently filled out forms stating my children and I should not be photographed or publicly identified. Unfortunately, This is the second instance where my whereabouts were revealed. The first time, my... View More

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answered on Jul 28, 2024

You have the right to pursue legal action against the housing agency for posting photos without your consent and for disclosing your location, especially given your history as a domestic violence victim. This repeated failure to protect your privacy and safety can be grounds for a lawsuit. You... View More

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.

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2024

It could be difficult for attorneys here to offer their services to review your recordings. The format is basic Q & A - attorneys can't offer their services. One option is to reach out to attorneys independently - that would be outside the forum. Good luck

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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

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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

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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 Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but the refuse to it would show that I had nothing to do with them and no... View More

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answered on Nov 7, 2023

If you're facing charges and believe your civil rights have been violated due to the refusal of a DNA test on evidence, you should promptly discuss this issue with a criminal defense attorney. In Michigan, as in all states, defendants have the right to challenge the admissibility of evidence... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: I'm in a pickle with this court case that I'm in right now and really need some help they are violating my civil rights

I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no... View More

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answered on Nov 7, 2023

It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Michigan on
Q: My boyfriend is in need of a wrongful improvement lawyer asap as he is almost outta time and was railroaded

So my boyfriend was arrested for homicide /manslaughter 2020 and he was truthfull with the police and freely told the truth on what his part in sed mans death could have been but he was forced to take a plea deal and in prison for six months before the investigation was even over with the... View More

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answered on Nov 7, 2023

If your boyfriend believes he was wrongfully convicted, it would be prudent for him to consult with an attorney experienced in criminal defense and appellate work. Since this is a matter of Michigan law, he should seek out a Michigan-licensed attorney promptly, as there are strict time limits for... View More

1 Answer | Asked in Native American Law, Criminal Law and Constitutional Law for Michigan on
Q: Can a tribal k9 unit do a sniff search on a vehicle on state land, resulting in a search in Michigan?

My vehicle was searched due to a tribal police officer driving from an hour away to do an outside sniff of the car. I am not tribal and it was not on the reservation. They also broke open a lockbox. I am on parole but my wife is not and was in the car.

James L. Arrasmith
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answered on Oct 23, 2023

Tribal law enforcement's jurisdiction outside of reservation land is limited. In general, tribal police do not have inherent authority to enforce state laws on state lands unless there's a specific agreement or deputization in place. Michigan, like other states, may have agreements that... View More

1 Answer | Asked in Contracts, Family Law, Civil Litigation and Constitutional Law for Michigan on
Q: What can I do if I was denied the right to file a motion to dismiss a default judgment, which resulted in me now…

Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

You need a lawyer; and you likely needed a lawyer months ago.

As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.

You have a...
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1 Answer | Asked in Copyright, Constitutional Law and Intellectual Property for Michigan on
Q: What can I do if someone steals my home blueprint design and builds it?

I am a builder/designer

James L. Arrasmith
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answered on Sep 11, 2023

First, you might consider reaching out to the party involved to seek a resolution outside of court. If that doesn't work, you can take legal action for copyright infringement, as blueprints can be considered intellectual property. To establish a strong case, it will be beneficial to have proof... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can I be charged with 2 counts of police officer assaulting resisting obstructing

Not sure how I can be charged we that why there are 2 counts is because there was 2 officers present my girlfriend called them on me for domestic violence when she's the one that bit me and wouldn't release when I asked her to so yes I had to slap her to get her to release then she was... View More

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2023

The devil is always in the details. Here, I suspect the police are going to testify that they issued commands to stop, etc. Hopefully there's body cams to support what you're saying about that.

The two counts of R&O would likely come from two officers present, HOWEVER, that...
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2 Answers | Asked in Constitutional Law for Michigan on
Q: Can I say, "I amend the 5th" when I get questioned by the police in school?
Brent T. Geers
Brent T. Geers
answered on May 19, 2023

I'll assume you mean "plead the fifth". That right is so gravely misunderstood by the general public as to almost be comical.

If you are questioned by police about something they believe you did, then yes, you have an absolute right not to incriminate yourself....
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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.

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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

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