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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

Michigan State Police conducting motorcade training on West Michigan freeways

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Michigan State Police conducting motorcade training on West Michigan freeways


GRAND RAPIDS, Mich. — Police officers in West Michigan are preparing for election season today, but they are not rehearsing their stump speeches.

The U.S. Secret Service is coordinating motorcade training with several area departments on Thursday, May 30. The training will help Michigan State Police Troopers, Sheriff’s Deputies, and local police officers be ready to help should key members of the Biden and Trump campaigns make stops in West Michigan.

The operation was not publicly talked about ahead of time.

Large groups of cruisers have been see traveling on freeways around Grand Rapids this morning, some with their lights on and traveling at high speeds.

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If you see them, give the cruisers plenty of space.

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Benson announces new election partnership with businesses

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Benson announces new election partnership with businesses


MACKINAC ISLAND — Secretary of State Jocelyn Benson hopes a new partnership with Michigan businesses can strengthen faith in democracy and boost engagement in the upcoming election in which the battleground state could once again decide the presidency and find itself at the center of efforts to subvert the results.

Benson said her office’s new partnership with the Detroit Regional Chamber — one of the largest chambers of commerce in the country — will call on businesses to provide paid time off for their employees to vote, encourage their employees to to serve as poll workers and use their websites and mailings to provide accurate election information.

“We’re here today because a healthy economy requires a healthy democracy. The two go hand in hand,” Benson said during a press briefing on Mackinac Island where the Detroit Regional Chamber holds its annual policy conference this week.

“In today’s environment of polarization, tribalism, misinformation, it is business leaders that have a growing role to serve as the voice of reason and sources of fact,” said the chamber’s President Sandy Baruah. The chamber’s members include large companies and small start-ups throughout Southeast Michigan.

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Benson hopes that other companies that employ Michigan workers could follow in the footsteps of the chamber’s members. She said her office is also working with national leaders to reach workers at national chains such as McDonald’s to ensure workers paid a minimum wage also have paid time off to participate in the election.

Since 2020, Benson has built a national profile speaking out against former President Trump’s disinformation campaign to overturn the election four years ago.

Heading into the 2022 election, the Detroit Regional Chamber’s Political Action Committee backed some Republican candidates who cast doubt on the 2020 election and sought to delay the certification of the results. Asked about concerns she may have about those endorsements, Benson cited the chamber’s opposition to any GOP legislation that would make it harder to vote. She said the chamber’s stance “really speaks volumes for their position in supporting democracy in our state.”

Leading up to the last election, the chamber asked candidates about a GOP-led Michigan Senate investigation into the 2020 election that rejected Trump’s claims it was stolen from him, according to the Detroit Regional Chamber’s Vice President for Government Relations Brad Williams. The answers to that questionnaire aren’t public, but all of the candidates endorsed by the chamber’s PAC stood by the Senate report, Williams said.

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Whitmer: With ‘close race’ in Michigan, Biden can’t take a vote for granted

A recent Detroit Regional Chamber poll found about 68% of Michigan voters are dissatisfied with the condition of democracy in the U.S.

“It’s hard to believe that we’re in a place right now where we need to champion the cause of democracy, but here we are,” said Carla Walker-Miller, the CEO of Walker-Miller Energy Services, LLC and a founding member of the new “Michigan Business United for Elections Coalition.”

She said democracy is good for business, “Because when everyone’s voices are heard, the interests of our residents, our team members, our customers and our businesses are represented in our government.”

Contact Clara Hendrickson at chendrickson@freepress.com or 313-296-5743. Follow her on X, previously called Twitter, @clarajanehen.

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Man with suspended license appears in Michigan court over Zoom while driving

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Man with suspended license appears in Michigan court over Zoom while driving


If you are accused of driving with a suspended license, you probably shouldn’t show up to a virtual court hearing while driving.

That is exactly what happened during one hearing in Washtenaw County, Michigan earlier this month — and the judge couldn’t hide his shock.

When the defendant Corey Harris connected via Zoom, he could be seen behind a wheel. He even said that he was pulling up to his doctor’s office.

“Your Honor, we’re respectfully requesting an adjournment in this matter, possibly three to four weeks if the court will allow,” said an attorney during the hearing.

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“OK, so maybe I don’t understand something. This is a driving while license is suspended?” asked Judge Cedric Simpson.

“That is correct, your Honor,” the attorney responds.

Shortly after, Judge Simpson revokes Harris’ bond and orders him to surrender by 6 p.m.

“Oh my God,” gasps Harris before the hearing ends.

Court records show Harris was charged with driving with a suspended license back in October of last year.

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