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Michigan Constitutional Law Questions & Answers
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
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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
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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

1 Answer | Asked in Constitutional Law for Michigan on
Q: I was doing my plasma in Benton harbor Michigan. And I pass my vitals. And I got hook up and I started doing my plasma.

Then the person that work there said they had evaluate the building cause of a possible gas leak . So they unhook us and we still got paid .. then I came back the second time to do my plasma. They said I was deferred cause of my plasma bottle not fill up. So I said I f this I will go somewhere... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about your experience at the plasma center. It must be frustrating to feel unfairly treated, especially when you were ready to donate and contribute.

First, consider reaching out to the center's management directly. If you're unable to contact them, try...
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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Are supporting documents required to be filed with the complaint in Eastern District Court in a Pro Se civil complaint?

What and where is the rule to submit exhibits to the judge rather than the court? Which applies spoliation, tampering with evidence, etcetera when exhibits are filed with the complaint with the clerk and the document(s) is switched, on Plaintiff's email, screenshot as well what are the... View More

James L. Arrasmith
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answered on Jan 5, 2025

When filing a Pro Se civil complaint in the Eastern District Court, you are generally required to include supporting documents with your initial filing. These documents help establish the basis of your case and provide essential evidence for the court to consider. It’s important to review the... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: MI is an open records state, are death certificates/records/applications open to inspect under the First Amendment?
James L. Arrasmith
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answered on Jan 5, 2025

In Michigan, while the state upholds open records laws, access to death certificates and related records is subject to specific restrictions. These documents are considered vital records and are typically protected to preserve the privacy of individuals and their families.

You may find that...
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3 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.

James L. Arrasmith
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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

James L. Arrasmith
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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

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

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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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