Michigan Constitutional Legal Questions

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5 legal questions have been posted about constitutional law by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Michigan Constitutional Questions & Legal Answers
Do you have any Michigan Constitutional questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 5 previously answered Michigan Constitutional questions.

Recent Legal Answers

This is an EXCELLENT question. The evidence of a dog's scent is permitted under the doctrine of the plain view exception. The first case on this held that a policeman seeing evidence of crime through the window of a car or a home removes the warrant requirement of the constitution. The reasoning behind this is the expectation of privacy, if incriminating evidence is hidden from view, the shade is down or its under a blanket, a warrant to search is required because you have an expectation of privacy because what you are doing is NOT in plain sight. So the dog situation is under the plain view exception because the dog can smell what is in the air, in plain view of their nose so to speak. But if they have to bring the dog into your home or car to make the discovery, then a warrant is needed.   Best of luck to you and I hope that you never have this area of law affecting your life.  ... Read More
This is an EXCELLENT question. The evidence of a dog's scent is permitted under the doctrine of the plain view exception. The first case on this held... Read More

Is it illegal to picket my apartment complex

Answered 4 years ago by attorney Gilbert Borman   |   1 Answer
Normally, picketin on private property is not permitted but, since you have a lease, you should have a right to be there. 
Normally, picketin on private property is not permitted but, since you have a lease, you should have a right to be there. 
The short answer is yes, you can possess a gun but, if your husband can be shown to have ANY access to the gun he can be charged and so can you: as an accessory. If you have a gun in your home, it must be secure so that only you have access to- a gun safe with a combo only you have or a biometric locking system are the only way to do this. Anything else can trigger legal jeopardy to you. He must never touch or handle the gun for any reason. Good luck and be careful.... Read More
The short answer is yes, you can possess a gun but, if your husband can be shown to have ANY access to the gun he can be charged and so can you: as... Read More

Should I have filed a complaint about the principal?

Answered 4 years and 7 months ago by attorney Gilbert Borman   |   1 Answer
Only your parents have the right to assert a claim against the school on your behalf, you are still a minor. There is not a powerful First Amendment case to argue here- the school has a right to have a dress code and enforce it. The imposition on your fundamental rights is minimal. While PLAYBOY is not pornographic itself, it is the most well known adult entertainment brand in the US; the request you not wear it again was reasonable and reasonably handled. On the facts, the directive did not unfairly target you or your rights in a way that triggered protection for you as a protected class or unfairly discriminate against you as a class.  best advice: study hard, become a lawyer, change the world good luck... Read More
Only your parents have the right to assert a claim against the school on your behalf, you are still a minor. There is not a powerful First Amendment... Read More

Notice and due process in code enforcement

Answered 4 years and 7 months ago by attorney Gilbert Borman   |   1 Answer
The short answer: you really can't fight city hall. If the city posted the ad, and they almost certainly did, they win. The notice they posted is probably adequate and all they have to show is adequate notice. Everyone knows their lawn has to be cut. If you did try to actually litigate this, the costs would be prohibitive, perhaps as much tens of thousands of dollars with every judge hearing the matter not wanting to overturn precedent and wondering why you just didn't mow the lawn. You would likely first have to extinguish all legal rights in state court, if you win at any level they will appeal and it will just cost you more. The likelihood of success is too low.   Best of luck to you.... Read More
The short answer: you really can't fight city hall. If the city posted the ad, and they almost certainly did, they win. The notice they posted is... Read More