Isabella County Tenants Beware! Sheriff's Department Can & Will Evict You Without Due Process!
Michigan Legal Aid on Eviction Website
EVICTION (a quote from this website)
The only legal eviction is a court ordered eviction. If a landlord forces a tenant out through any other means, the eviction is illegal and the tenant is entitled to damages and repossession of the property. Only someone from the county sheriff's department, or in rare cases a specially authorized police officer, may legally remove evicted tenants from their home. That person must have a court eviction order, called a writ of restitution."If that person does not have a writ of restitution, that person, Sheriff's Deputy Clinton Steinert, is executing an unlawful eviction and this is also called an "Unlawful Seizure". Sheriff's Deputy Clinton Steinert is also an actor of the State of Michigan which makes this an "Unlawful Seizure by the State". Sheriff's Deputy Clinton Steinert removed four tenants that were not evicted from their home (seizing the home itself and the property inside) and threatening them (us) with arrest for noncompliance in an unlawful eviction. A seizure uncontrovertibly occurs when a Police officer exercises control over a person’s property. A seizure of tangible property occurs when there is some meaningful interference with an individual’s possessory interest in that property. "US v Jackobson"."
REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.5711 Entry.
Sec. 5711.
A person may not make any entry into or upon premises unless the entry is permitted by law. If entry is permitted by law, he shall not enter with force but only in a peaceable manner.
History: Add. 1972, Act 120, Eff. July 1, 1972
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 2 Equal protection; discrimination.
Sec. 2.
No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin. The legislature shall implement this section by appropriate legislation.
History: Const. 1963, Art. I, § 2, Eff. Jan. 1, 1964
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 3 Assembly, consultation, instruction, petition.
Sec. 3.
The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of grievances.
History: Const. 1963, Art. I, § 3, Eff. Jan. 1, 1964 Former Constitution: See Const. 1908, Art. II, § 2.
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 5 Freedom of speech and of press.
Sec. 5.
Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press.
History: Const. 1963, Art. I, § 5, Eff. Jan. 1, 1964 Former Constitution: See Const. 1908, Art. II, § 4.
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 6 Bearing of arms.
Sec. 6.
Every person has a right to keep and bear arms for the defense of himself and the state.
"What about... In defense of himself from the State???"History: Const. 1963, Art. I, § 6, Eff. Jan. 1, 1964 Former Constitution: See Const. 1908, Art. II, § 5.
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 9 Slavery and involuntary servitude.
Sec. 9.
Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state.
History: Const. 1963, Art. I, § 9, Eff. Jan. 1, 1964 Former Constitution: See Const. 1908, Art. II, § 8.
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 11 Searches and seizures.
Sec. 11.
The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.
The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures.History: Const. 1963, Art. I, § 11, Eff. Jan. 1, 1964 Constitutionality: The last sentence of this section was held invalid as in conflict with US Const, Am IV. Lucas v People, 420 F2d 259 (CA 6, 1970); Caver v Kropp, 306 F Supp 1329 (DC Mich 1969); People v Pennington, 383 Mich 611; 178 NW2d 460 (1970); People v Andrews, 21 Mich App 731; 176 NW2d 460 (1970).
The
"Person"
"Houses"
"Papers"
and
"Possessions"
of every single person shall be secure from unreasonable seizures!
Sheriff Leo writes in an email...Sheriff Leo, please consider this entire website my new "formal complaint" and I'll keep it here on the Internet so you don't lose it and be sure to let me know if the information contained herein is detailed enough for you.
Ted:
You still haven’t answered my questions. What did Deputy Steinert seize? How was your family put in danger? If you have issues with a deputy, you need to send me detailed information on the incident. I never received an “original complaint” from you.
You need to document your allegations in a written format so that I have a better idea of what you are claiming.
Leo
Deputy Steinert seized my home, my papers and my possessions.
Deputy Steinert seized my Wife's home, her papers and her possessions.
Deputy Steinert seized my 11 year old daughter's home, her papers and her possessions.
Deputy Steinert seized my 8 year old son's home, his papers and his possessions.
Then... Deputy Steinert seized me (my person) when he arrested me for filing a "Formal Complaint" against him.
I am not sure if I can make it any clearer for you Sheriff Leo but all these seizures put my family in harms way... In Danger... In Destitution...
Former Constitution: See Const. 1908, Art. II, § 10.
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 13 Conduct of suits in person or by counsel.
Sec. 13.
A suitor in any court of this state has the right to prosecute or defend his suit, either in his own proper person or by an attorney.
History: Const. 1963, Art. I, § 13, Eff. Jan. 1, 1964 Former Constitution: See Const. 1908, Art. II, § 12.
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 17 Self-incrimination; due process of law; fair treatment at investigations.
Sec. 17.
No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed.
"Not that I want to rewrite the Michigan Constitution or anything but I would like to make the first sentence easier to read for the layman Deputies of Michigan... You need to take the criminal crap out of that sentence for a second as we are all not criminals and the civil rights afforded us by the Michigan Constitution are for law abiding citizens as well! "History: Const. 1963, Art. I, § 17, Eff. Jan. 1, 1964 Former Constitution: See Const. 1908, Art. II, § 16.
"No person shall be deprived of life, liberty or property, without due process of law."
"and I would add if I could, particurarly by law enforcement officials."
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 19 Libels, truth as defense.
Sec. 19.
In all prosecutions for libels the truth may be given in evidence to the jury; and, if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted.
History: Const. 1963, Art. I, § 19, Eff. Jan 1. 1964 Former Constitution: See Const. 1908, Art. II, § 18.
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 24 Rights of crime victims; enforcement; assessment against convicted defendants.
Sec. 24.
(1) Crime victims, as defined by law, shall have the following rights, as provided by law:
The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
The right to timely disposition of the case following arrest of the accused.
The right to be reasonably protected from the accused throughout the criminal justice process.
The right to notification of court proceedings.
The right to attend trial and all other court proceedings the accused has the right to attend.
The right to confer with the prosecution.
The right to make a statement to the court at sentencing.
The right to restitution.
The right to information about the conviction, sentence, imprisonment, and release of the accused.
(2) The legislature may provide by law for the enforcement of this section.
(3) The legislature may provide for an assessment against convicted defendants to pay for crime victims' rights.
History: Add. H.J.R. P, approved Nov. 8, 1988, Eff. Dec. 24, 1988
PERSONS WITH DISABILITIES CIVIL RIGHTS ACT
Act 220 of 1976
AN ACT to define the civil rights of persons with disabilities; to prohibit discriminatory practices, policies, and customs in the exercise of those rights; to prescribe penalties and to provide remedies; and to provide for the promulgation of rules.
History: 1976, Act 220, Eff. Mar. 31, 1977 ;-- Am. 1980, Act 478, Imd. Eff. Jan. 20, 1981 ;-- Am. 1992, Act 123, Imd. Eff. June 29, 1992 ;-- Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998
© 2009 Legislative Council, State of Michigan
The People of the State of Michigan enact:
Document Type Description
220-1976-1 Division ARTICLE 1 (37.1101...37.1103)
220-1976-2 Division ARTICLE 2 (37.1201...37.1214)
220-1976-3 Division ARTICLE 3 (37.1301...37.1303)
220-1976-4 Division ARTICLE 4 (37.1401...37.1403)
220-1976-5 Division ARTICLE 5 (37.1501...37.1507)
220-1976-6 Division ARTICLE 6 (37.1601...37.1607)
Revised Statutes of 1846 (EXCERPT)
OF SHERIFFS.
51.70 Deputy sheriffs; appointment; revocation; special deputies; responsibility for acts, defaults, and misconduct; bond.
Sec. 70.
Each sheriff may appoint 1 or more deputy sheriffs at the sheriff's pleasure, and may revoke those appointments at any time. Persons may also be deputed by a sheriff, by an instrument in writing, to do particular acts, who shall be known as special deputies and each sheriff may revoke those appointments at any time. A sheriff shall not be responsible for the acts, defaults, and misconduct in office of a deputy sheriff. The appointed deputy or deputies, other than special deputies, before entering upon the duties of office shall execute and file with the county clerk an official bond running to the people of this state in the amount of at least $2,500.00, if the county board of commissioners determines an individual bond is necessary, which bond shall be conditioned in the same manner as the bond required of the sheriff, and with sufficient sureties as the presiding judge of the circuit court for the county approves. A county by resolution of its county board of commissioners may pay premiums on the individual bond running to the people of this state in the amount of at least $2,500.00 as prescribed by the county board of commissioners. A bond required by this section shall be conditioned in the same manner as the bond required for the sheriff and have sufficient sureties.
History: R.S. 1846, Ch. 14 ;-- Am. 1847, Act 105, Eff. May 16, 1847 ;-- CL 1857, 411 ;-- CL 1871, 552 ;-- How. 580 ;-- CL 1897, 2579 ;-- CL 1915, 2443 ;-- CL 1929, 1325 ;-- CL 1948, 51.70 ;-- Am. 1952, Act 110, Eff. Sept. 18, 1952 ;-- Am. 1954, Act 137, Eff. Aug. 13, 1954 ;-- Am. 1959, Act 150, Eff. Mar. 19, 1960 ;-- Am. 1969, Act 183, Imd. Eff. Aug. 5, 1969 ;-- Am. 1978, Act 635, Imd. Eff. Jan. 8, 1979
Compiler's Notes: This section as originally enacted was numbered section 71.
Revised Statutes of 1846 (EXCERPT)
OF SHERIFFS.
51.71 Undersheriff; appointment, vacancies.
Sec. 71.
The sheriff of each county shall, as soon as may be after entering upon the execution of his office, appoint some proper person under sheriff of the same county, who shall also be a general deputy, to hold during the pleasure of such sheriff; and as often as a vacancy shall occur in the office of such under sheriff, or he become incapable of executing the same, another shall in like manner be appointed in his place.
History: R.S. 1846, Ch. 14 ;-- CL 1857, 412 ;-- CL 1871, 553 ;-- How. 581 ;-- CL 1897, 2580 ;-- CL 1915, 2444 ;-- CL 1929, 1326 ;-- CL 1948, 51.71
Compiler's Notes: This section as originally enacted was numbered section 72.
First Amendment to the United States Constitution
Second Amendment to the United States Constitution
Fourth Amendment to the United States Constitution
Fifth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
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