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Michigan Litigation Law Blog | Local Michigan and National Legal News Updates

Michigan Litigation and National Legal News.

Michigan Court of Appeals Protects Your Privacy Rights!

In 2015, the United States Supreme Court gave credence to Jay-Z's 99 Problem's "infamous" second verse by holding: "Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures,"

Yesterday, the Michigan Court of Appeals confirmed that a prolonged traffic stop resulting in a search of an automobile, wholly based on a "hunch" of a police officer, is unconstitutional under the Fourth Amendment.

If your rights have been violated, don't plead guilty or call a TV attorney, call a real attorney, 248-850-5824.

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Supreme Court reinstates Trump's travel ban, but only for some immigrants

The Supreme Court unanimously agreed Monday to let President Trump's immigration travel ban go into effect for some travelers, reversing the actions of lower federal courts that had put the controversial policy completely on hold.

However, the injunctions remain in place with respect to parties similarly situated to Doe, Dr. Elshikh, and Hawaii. "This means that §2(c) may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States."

But, not someone who "enters into a relationship simply to avoid §2(c): For example, a nonprofit group devoted to immigration issues may not contact foreign nationals from the designated countries, add them to client lists, and then secure their entry by claiming injury from their exclusion."

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Supreme Court agrees to hear case over same-sex wedding cake

The Supreme Court on Monday agreed to hear a case challenging whether a Colorado cake shop has to make a wedding cake for a gay couple.

The justices in the case — known as Masterpiece Cakeshop Ltd. v. Colorado Civil Rights — are being asked whether shop owner Jack Philips has to make a cake for Charlie Craig and David Mulliuns' same-sex marriage under Colorado's public accommodations law.

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Court invalidates ban on social media for sex offenders

In 2002, Lester Packingham became a convicted sex offender at the age of 21, after he pleaded guilty to taking indecent liberties with a child – having sex with a 13-year-old girl. Packingham got into hot water with the law again in 2010, when he posted on Facebook to thank God for having a traffic ticket dismissed. After a police officer saw his post, Packingham was prosecuted and convicted under a North Carolina law that makes it a felony for a convicted sex offender to use social-networking websites, such as Facebook and Twitter, that allow minors to create accounts. Today Packingham has something else to be grateful for, and he can take to social media to express that appreciation, because the Supreme Court agreed with him that the North Carolina law violates the Constitution’s guarantee of freedom of speech.

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Another Lawsuit Filed Against Donald Trump Alleging Violation of Emoluments Clause

If you're like most Americans, you are probably wondering, "What is the Emoluments Clause?"

The so-called "Emoluments Clause" or "Nobility Clause" provides that: "No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state."

Well known U.S. Rep. John Conyers Jr. of Detroit filed suit against President Donald Trump alleging that payments by foreign governments to Trump’s businesses violated the emoluments clause of the U.S. Constitution.

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