Is it considered an unreasonable seizure of a person to stay with the police, while they execute a search warrant of your home? To what extent can we give credibility to an informant regarding the information they tell the police?
This time, we address search & seizure from the police officer’s point of view.
The MI Constitution has a provision which mirrors the US Constitution’s 4th Amendment. But we give a little extra…sorta!
When may the State of Michigan impair a contract between two private parties?
We will finish our conversation about Ex Post Facto laws and why substantive, versus procedural, rights are the main factor we review to determine if a law change is an ex post facto violation. We have a two prong test, and then (wait for it) a 7-factor test to roll through! Now, don’t skip out. We don’t review all 7, we merely discuss the factors which are most relevant to our cases at hand!
We are continuing our coverage of Article 1, Section 10 of the Michigan Constitution. Remember, there are technically three provisions which make up this one Section. Before, we covered Bills of Attainder. Now we’re going to address Ex Post Facto laws. These laws are prohibited because, by and large, the make actions criminal which were NOT criminal at the time they were committed. But the key to an actual ex post facto law entails 4 designations. We will talk about them and when laws are (but mostly aren’t) Ex Post Facto, thus unconstitutional.
A bill of attainder occurs when the Michigan Legislature criminalizes something you did in the past, when it wasn’t illegal to do it, and does not provide you with a judicial trial. This podcast will review situations where individuals believed the Legislature took an action, against them as a Defendant, and attempted to make their behavior a criminal in nature, without the benefit of a trial.
Some make a distasteful argument that being required to do something (or not being allowed to do something) was involuntary servitude and should be prohibited under the Michigan Constitution. But none of these cases successfully won their argument. Find out WHY in this podcast!
We review the Michigan Supreme Court case regarding the Executive Orders issued by Michigan Governor Gretchen Whitmer under the Emergency Powers of the Governor Act (EPGA)
The Michigan National Guard will be subordinate to civil authorities during times of peace.