Michigan
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.
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.
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.”
GRAND RAPIDS, Mich. (WOOD) — Friday is Juneteenth. The long-celebrated holiday, which was officially declared a federal holiday in 2021, marks the day in 1865 when enslaved Americans in Galveston, Texas, learned they were free — two years after the signing of the Emancipation Proclamation.
In Grand Rapids, a parade steps off at noon at the corner of Eastern and Hall. It will head to Dickinson Buffer Park, where an opening ceremony gets underway at 1 p.m. The celebration continues until the evening and will feature food, vendors and activities for kids.
Organizers say it’s important to recognize Juneteenth.
“We cannot properly deal with and accept our future if we don’t understand our past,” said Rhaeven Richardson with West Michigan Jewels of Africa. “So it’s very important for us to come together and bring notoriety for what Juneteenth stands for and how important it is — not just for people of color, but for everyone in this country.”
There are plenty of other Juneteenth events happening in Grand Rapids and around West Michigan. For a full list, click here.
LANSING, Mich. — The Michigan Department of Corrections (MDOC) is launching the L.E.A.D. Academy, a new leadership development program set to begin this fall as part of the department’s Safe Prisons Initiative.
L.E.A.D. Academy stands for Learn Today, Empower Tomorrow, Aspire Beyond, Develop a Legacy.
Officials say the program is a four-phase leadership development pathway designed to support employee growth at every stage of a career, and intends to advance training and staff support goals by preparing employees to lead “with skill, integrity and professionalism.”
“Our workforce is constantly evolving, and it is more important than ever that we are supporting our emerging leaders in a way that will create change-makers and thought-leaders in the correctional field,” MDOC Director Heidi E. Washington said. “Well-trained professional staff create safe facilities by stepping above the status quo to challenge themselves, and those around them, to go above and beyond.”
MDOC partnered with Michigan State University to develop the program’s curriculum, focusing on leadership principles applied specifically to the corrections environment.
According to the MDOC, the program emphasizes daily conduct, communication, presence and professionalism as factors that can influence others and contribute to safer facilities.
“The curriculum is designed to help participants develop practical leadership skills rooted in communication, emotional intelligence, professionalism, and ethical decision-making,” Vivian Aranda-Hughes, an assistant professor in MSU’s School of Criminal Justice, said. “We are excited to support a program that invests in people and recognizes that leadership is demonstrated through the choices, actions, and influence individuals bring to their work every day.”
Applicants for the L.E.A.D. Academy will be selected through a formal review process after applying for the program, according to the MDOC.
To be eligible, applicants must meet the following requirements: one year of MDOC employment, attainment of satisfactory status during the initial probationary period, and full commitment to the program, including assignments outside the classroom.
Officials say the L.E.A.D. Academy is a key component of the state’s Safe Prisons Initiative, which was launched in March to improve safety and security across MDOC’s 26 prisons.
More information about MDOC’s Safe Prisons Initiative can be found online.
Police in Birmingham, Michigan, say officers should have shut down a massive pool party in a residential neighborhood sooner last weekend.
More than 100 people showed up for a party in the 300 block of Westchester Way on June 13, when city officials say a private residential pool was rented out to a third party, violating zoning regulations.
“While officers shut the party down and issued multiple citations, the department acknowledges the party should have been shut down earlier,” said Birmingham police Chief Scott Grewe in a social media post. “Protecting public safety and preserving the quality of life in Birmingham neighborhoods remain top priorities. Should an event require intervention in the future, there will be police supervision to ensure the orderly and safe dispersal of attendees.
Homeowners on Westchester Way told CBS News Detroit that the street was filled with cars and some intoxicated partygoers.
“Women, I don’t even know if they were wearing anything, thong bikinis on top of vehicles, twerking,” said homeowner Brian Homer.
Birmingham police confirmed the individual who rented the backyard over the weekend was a promoter. Police say the homeowner and the person who rented the pool were among those who received citations.
Residents told CBS News Detroit that the house has been hosting parties for years and that its pool is listed on Swimply for rent.
“This isn’t the first time; this has been ongoing. This is just the first time he got caught,” said a resident who shares a fence with the homeowner who is renting their pool.
During a Birmingham City Commission meeting Monday night, Birmingham Mayor Clinton Baller said that the city had failed in this case.
Homeowners who spoke with CBS News Detroit said they are concerned about their safety, given that the neighborhood is filled with children.
In April, three men were arrested and later charged in connection with a shooting at a short-term rental in the 1400 block of East Lincoln Street. According to police, a party was advertised at the rental home, and three 18-year-old men drove up to the property, where other teens were gathering, when an argument ultimately led to a shooting.
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