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.”
“Defenseman C. Reid will spend next year at college in Michigan” is a sentence that has been said before. The first time, it was about incoming Michigan State star defenseman Chase Reid, a presumptive top-five pick in the upcoming NHL draft. Now, Michigan has secured a defenseman C. Reid of their own — Cam Reid of the Kitchener Rangers.
This is likely to confuse many people, so here are four quick ways to tell them apart. First, they are probably wearing different colors. Second, if one of them says “eh,” that’s Cam, as he’s from Aylmer, Ontario while Chase is from Chesterfield, Michigan. Third, Chase is two inches taller at six-foot-two. Fourth, they don’t look very similar. We will likely gain a fifth way after the draft as Chase is unlikely to fall to the Nashville Predators at tenth, which is who drafted Cam, but we can’t say for sure yet, so we’ll stick with four for now.
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Bits aside, Reid committing to Michigan is a big get for the Wolverines — albeit, not an unexpected one. This move was rumored for months, and Scott Wheeler of The Athletic reported that Reid had been planning the move since December. Still, to actually land the commitment is significant for the Wolverines as it bolsters an already-strong blue line for Michigan.
As previously mentioned, Reid is from Aylmer and grew up playing for the Aylmer Flames. He’s six feet tall and 194 pounds and shoots left, much to the chagrin of anyone who wanted another right shot for Michigan (that d-core is almost entirely lefties). Reid is a two-way defenseman who ran the Kitchener Rangers power play and he’s known for his explosive skating. With him and defenseman Henry Mews on the back end, Michigan’s power play would have two stars manning the point.
As captain this season, Reid led the Rangers to the Memorial Cup, where they defeated Landon DuPont and the Everett Silvertips. And there is a very realistic chance that the two of them will be teammates together next year as Michigan is currently leading the pack in recruiting DuPont. He was reportedly on campus this week and will be touring Michigan State as well.
Even if DuPont doesn’t come, the Wolverines’ defensive core is absolutely stacked with Reid and Mews. Reid will be another key chip as Michigan tries again to get over the hump of the Frozen Four.
KALAMAZOO, Mich. — June 19th is also Juneteenth, which signifies when the final African-American slaves in the United States learned of their freedom in Galveston, Texas, in 1865.
It became a federal holiday in 2021, and it’s celebrated strongly in West Michigan.
In Kalamazoo, there will be festivities in Bronson Park from 1:00 p.m. to 7:00 p.m. on Saturday, including food, dancing, and music.
“That’s very typical of how African Americans or people from the African diaspora celebrate,” said Dr. Sherrie Fuller, Director of Education & Training in the Vice President’s Area for Diversity and Inclusion. “It’s always food, it’s always dance, it’s all this music and it’s festive.”
This Juneteenth is a reminder of how far Black Americans have come, but a difficult reminder that there is still a long way to go for equality.
This week, a Black teenager was handcuffed and detained in the Washington Heights neighborhood in Battle Creek.
The boy’s family accused the officer of racial profiling, and the Battle Creek Police chief stands by his actions.
Dr. L.E. Johnson II of the Center for Afrocentric Thought was disgusted by the officer’s actions.
“What type of bias and prejudice are we dealing with here?” Dr. Johnson II said. “What that officer did was put blight on a legacy of a community that has worked hard to make things better for everybody. It was horrible what he did. He should be ashamed. He should be ashamed.”
Western Michigan University hosted a performance from Rootead on Friday afternoon at the multicultural center at the Trimpe Building.
Performers danced and played drums, focusing on their cultural roots.
“I believe people were able to have an opportunity to just kind of reflect on what the purpose of Juneteenth or the celebration of the holiday is all about, so it’s phenomenal,” said Dr. Fuller.
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Battle Creek will have a Juneteenth family day at Claude Evans Park on Saturday from 8:00 a.m. to 2:00 p.m.
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.
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