Archive for the ‘Constitution’ Category

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Michigan Sex Offender Registration Amendments Unconstitutional for Retroactive Application

In the recent case of Does v. Snyder, the Sixth Circuit analyzed Michigan’s amendments to its Sex Offender Registration Act (SORA) and concluded that when applied retroactively, its violates the United States Constitution. The Sixth Circuit Court analyzed specifically the two most recent amendments to SORA in 2006 and 2011. In 2006, Michigan amended SORA […]

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C.S.C.: When Witness is a Child – Part I

Sometimes child witnesses are given special accommodations in a trial and other criminal proceedings.  It is important to remember that in a criminal case, you have a right to confront the witnesses against you pursuant to the Michigan and United States Constitutions.  However, there are carve-outs to this right.  One of those carve-outs is the […]

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Inventory Exception to the Warrant Requirement

I am often asked about what constitutes an unlawful search.  It is first important to understand that the United States and Michigan Constitutions protect a citizen from unreasonable searches and seizures.  Generally, a search without a warrant is per se unreasonable unless it falls under one of the exceptions of the warrant requirement.  This blog […]

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Search Warrants, the Fourth Amendment and Your Home

Clients often ask me whether the search conducted on their home and/or property was legal.  This blog will provide an overview of the Fourth Amendment prohibition against unreasonable searches and seizures. The Fourth Amendment applies when a person has a “reasonable expectation of privacy” in the area that is searched.  The area extends to the […]

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