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Michigan Supreme Court allows evidence collected by drone, without a warrant

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Michigan Supreme Court allows evidence collected by drone, without a warrant


Last week, the Michigan Supreme Court ruled unanimously that evidence collected illegally could still be used to enforce civil penalties.

Todd and Heather Maxon keep cars on their five-acre property in Long Lake Township. The township sued in 2007, alleging that the Maxons were violating a zoning ordinance by keeping “junk” on the property. When the Maxons fought back, the township agreed to drop the charges and reimburse attorney fees, and in exchange, the Maxons would not expand the number of cars on the property.

Township officials heard that the Maxons’ collection was growing, but the cars were hidden from the road, so they had no way to verify it without a warrant—or so you would think. Instead, officials hired a company to surveil the property with aerial drones on three different occasions. Finding that the collection had indeed expanded, the township sued the Maxons for violating the agreement.

The Maxons filed to suppress the drone evidence as a Fourth Amendment violation, since the township never obtained a warrant. The case made its way to the Michigan Supreme Court, which heard oral arguments in October. The court had previously remanded the case back to the Michigan Court of Appeals to determine “whether the exclusionary rule applies to this dispute.” The exclusionary rule holds that evidence obtained illegally cannot be introduced at trial.

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Last week, in a unanimous decision, the Michigan Supreme Court sided with the township. “The exclusionary rule may not be applied to civil enforcement proceedings that effectuate local zoning and nuisance ordinances,” wrote Justice Brian Zahra, adding that “the costs of excluding the drone evidence outweighed the benefits of suppressing it.”

“Generally, the exclusionary rule operates to exclude or suppress evidence in certain legal
proceedings if the evidence is obtained in violation of a person’s constitutional rights,” Zahra wrote. “Caselaw, however, has never suggested that the exclusionary rule bars the introduction of illegally seized evidence in all proceedings or against all persons. Given the history of the rule, it is only applicable when the objective of deterring wrongful law enforcement conduct is most effectively met.”

The court of appeals originally determined that the search had violated the Fourth Amendment before the higher court sent it back for further consideration. “Because the Supreme Court limited our review to the exclusionary rule’s role in this dispute, we proceed by assuming that a Fourth Amendment violation occurred,” wrote Chief Judge Elizabeth Gleicher of the Michigan Court of Appeals.

But the state supreme court punted on that issue: “Because the exclusionary rule did not apply in this civil proceeding to enforce zoning and nuisance ordinances,” Zahra wrote, “the Court declined to address whether the use of an aerial drone under the circumstances of this case was an unreasonable search or seizure for purposes of the United States or Michigan Constitutions.”

In other words, the state’s highest court decided that it was irrelevant whether the search violated the Fourth Amendment because the evidence would not be excluded either way, so long as the search was conducted to investigate civil and not criminal violations.

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Robert Frommer, an attorney with the Institute for Justice (I.J.), a public-interest law firm that represents the Maxons, calls the Supreme Court’s decision “wrong and dangerous,” saying that it effectively endorsed unconstitutional searches “as long as the person searching does not have a policeman’s hat.”

“The Fourth Amendment is not about the police, it’s about the government,” Frommer tells Reason. “The Michigan Supreme Court failed to act, but the Legislature should fix this loophole to secure Michiganders’ rights.”



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Michigan

List of active weather alerts as storms move through Southeast Michigan

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List of active weather alerts as storms move through Southeast Michigan


Southeast Michigan under marginal risk for severe weather Saturday

DETROIT – There’s a chance of severe weather Saturday in Metro Detroit as storms move through the area.

A cold front will work through the region by Saturday afternoon and early Saturday evening, which will bring our thunderstorm chance.

The Storm Prediction Center has placed most of the region under a Marginal Risk (1 out of 5) on our severe weather scale for the start of the weekend.

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Gusty winds and hail are the primary threats as we work through the start of the weekend, but this will not be a widespread threat for severe thunderstorms.

Click here for the latest forecast from our 4Warn Weather team.

Here’s a list of the alerts by county.

Wayne County

  • No active weather alerts.

Oakland County

  • Severe thunderstorm warning until 3 p.m. Saturday.

Macomb County

  • No active weather alerts.

Washtenaw County

  • No active weather alerts.

Monroe County

  • No active weather alerts.

Livingston County

  • No active weather alerts.

Lenawee County

  • No active weather alerts.

Lapeer County

  • No active weather alerts.

Genesee County

  • No active weather alerts.

St. Clair County

  • No active weather alerts.

Sanilac County

  • No active weather alerts.




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Man arrested for firing shots outside Michigan domestic violence center

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Man arrested for firing shots outside Michigan domestic violence center


Over the past few weeks, there has been a lot of controversy over the Oakland County Sheriff’s Office using drones; however, Sheriff Mike Bouchard tells CBS Detroit that a terrifying scene outside of a domestic violence center might not have been resolved if it weren’t for the technology.



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I discovered anti-Zionism at the University of Michigan. I’m glad it lives on there

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I discovered anti-Zionism at the University of Michigan. I’m glad it lives on there


At the University of Michigan’s recent commencement ceremony, history professor Derek Peterson delivered a five-minute speech in which he celebrated all those who have fought for justice at the university, my alma mater. Invoking our legendary sports-focused fight song, he asked the crowd to “sing” for suffragist Sarah Burger, who battled to get women admitted as students; for Moritz Levi, Michigan’s first Jewish professor; for all the students who fought for racial justice at Michigan as part of the Black Action Movement; and for the “pro-Palestinian student activists, who have over these past two years opened our hearts to the injustice and inhumanity of Israel’s war in Gaza.”

Peterson’s address was a historian’s invitation to every student and parent in the Ann Arbor stadium to recognize that the fight for Palestinian rights shares roots with our greatest movements for justice, including the struggle against antisemitism.

The backlash, predictably, was swift. The university’s president apologized; the speech was condemned by pro-Israel Jewish organizations and outlets; and I know it upset many college parents, my Gen X peers — we who were raised to believe with all our hearts that Jewish identity and Zionist identity are inextricable.

But to me, Peterson’s speech was a reminder of one of the most important lessons I took away from my time at the University of Michigan: that questioning Zionism is a necessary part of any Jewish life that aims to center justice.

I graduated from Michigan in 1989, and spent much of my last year in Ann Arbor ensconced at Hillel, where I edited a magazine for Jewish students. I’d grown up going to Young Judaea summer camps and had spent a college semester in Israel, where I’d witnessed the beginning of the first Intifada. I returned to find a shanty in the middle of campus that had been erected, a student organizer told our magazine, “to bring the uprising to the community. It is to show the conditions of the Palestinians and the brutal oppression of the Israeli army.”

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The shanty evoked those then prevalent on campuses everywhere to symbolize the struggle of Black South Africans against settler colonialism and apartheid. The new shanty on our campus asserted that these words also applied to Israel.

While I was strongly against the Israeli occupation of the West Bank and Gaza — where Israel would not remove any settlements until 2005 — I was distressed and confused by the shanty’s silent, everpresent message about Israel’s past and present. Is Israel an apartheid state, I wondered?

So I put that question on the cover of our magazine.

The Hillel director called me into his office and somberly expressed his concern. But Hillel International had not yet officially clamped down on student activities that question Israel and Zionism.

So our cover story ran and we dropped our magazine in bundles across campus. At the time, I thought of myself as a liberal Zionist, and I secretly rooted for the student who tried to disprove the devastating charge. But as young journalists, my fellow magazine staffers and I were committed to exploring the views of those who erected the shanty, no matter their hostility to Zionism. We didn’t code the hostility as danger. No one thought we should report our ideological opponents — the kids who fell asleep on their books in the library just like we did — to the dean or to the government for arrest or deportation.

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Over my time as an undergraduate, I’d come to recognize in these kaffiyeh-clad Palestinian, Arab, and Muslim students the same history-minded, righteous hope that animated me.

Decades later, in the spring of 2024, we all watched as pro-Palestinian student activists — including many Jewish students — set up campus encampments around the country to protest Israel’s assault on Gaza. At Michigan, the encampment was set up on the Diag, the university’s public square, where on the day of my own graduation I’d protested the university’s military research. As the mother of a recent college grad, I was humbled by the determination of these kids, who put up tents, organized teach-ins, and then suffered as police turned off their bodycams and used pepper spray against them. They were lawfully protesting for the university to divest from Israel as it bombed the people of Gaza, the children of Gaza — which is now home to the largest number of child amputees in modern history.

What I understand, and Professor Peterson understands, is that the student activists that he lauded at the commencement are fighting not against Jewish life but for Palestinians’ right to survive daily, as people, and as a people. These activists have asked us to understand, finally, that Zionism is what it does.

“It has been hard work to examine my own mind,” Tzvia Thier, a Jewish Israeli mother, wrote in an essay in the 2021 collection A Land With A People: Palestinians and Jews Confront Zionism. As a child, Thier immigrated to Israel from Romania in the wake of the Holocaust. In 2009, Thier accompanied her daughter to “protect” her while she joined an action to fight the evictions of Palestinians from their homes in the Jerusalem neighborhood of Sheikh Jarrah. Thier was 65, and realized that it was the first time in her life that she had had conversations with Palestinians. She understood then that “it was not my daughter who needed to be protected, but the Palestinians.”

“Many questions leave me wondering how I could have not thought about them before,” she wrote. “My solid identity was shaken and then broken. I have been an eyewitness to the systematic oppression, humiliation, racism, cruelty, and hatred by ‘my’ people toward the ‘others.’ And what you finally see, you can no longer unsee.”

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When that shanty went up on Michigan’s campus in the late ’80s, I began to question all that I’d learned about Israel’s founding. I began to question the very idea of an ethnostate — in the name of any people, anywhere — that enshrines the supremacy of one group of people over another.

By the time I became a mother, I’d become anti-Zionist. I understood — with a grief that does not abate — that, as Jews, our history of oppression has become an alibi for Israel’s oppression of the Palestinian people.

We must reject the bad faith accusations of antisemitism that have emptied the word of meaning and enabled authoritarian repression. When students on campuses today charge Israel with apartheid and genocide, they are echoing reports from B’Tselem, Israel’s leading human rights organization. I ask the parents of my generation to read these reports and do as Thier did — to allow themselves to see what we have not wanted to see.

I stand with the more than 2,000 University of Michigan faculty, staff, students and alumni who have condemned the university’s response to the commencement address heard round the world.

For the sake of all of our children, I ask that we each do all we can to open our community’s heart to Palestinian history and humanity. That we each join the urgent struggle for the liberation of the Palestinian people.

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This is the way that our Jewish college kids will find the deep and true safety of community: by leaving hatred, fear, and isolation behind; by honoring Jewish history by standing in solidarity with all who are oppressed; and by roaring in a stadium for freedom and justice, along with their entire generation.

You are surely a friend of the Forward if you’re reading this. And so it’s with excitement and awe — of all that the Forward is, was, and will be — that I introduce myself to you as the Forward’s newest editor-in-chief.

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And what a time to step into the leadership of this storied Jewish institution! For 129 years, the Forward has shaped and told the American Jewish story. I’m stepping in at an intense time for Jews the world over. We urgently need the Forward’s courageous, unflinching journalism — not only as a source of reliable information, but to provide inspiration, healing and hope.

Support our mission to tell the Jewish story fully and fairly.





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