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.”

A series of powerful storms unleashed tornadoes from southern Michigan to Arkansas Tuesday night, injuring over a dozen people and leaving widespread damage in its wake as much of the central and eastern U.S. remains at risk of severe weather.

About 50 workers inside a FedEx facility in Michigan were temporarily trapped when tornadoes ripped through Kalamazoo County, less than 60 miles south of Grand Rapids. No was was hurt in the partial collapse, the company told USA TODAY in a statement. Nearby, a tornado hit a mobile home community, injuring 16 to 20 people who were hospitalized with non life-threatening injuries. Around 176 properties were damaged, 17 of which were completely destroyed, said Kalamazoo County Sheriff Richard Fuller in a video posted on Facebook.

“We found homes in the roadway, we found homes in neighbor’s homes,” said Fuller, urging residents to stay home as officials continue to search for people and survey the damage across the county.

Tens of thousands without power in Michigan after tornadoes

In St. Joseph County, just south of Kalamazoo, a tornado destroyed seven structures, mostly homes, Branch County Emergency Manager Tim Miner told the Detroit Free Press, part of the USA TODAY Network, adding that there were no deaths or serious injuries.

More than 30,000 homes and businesses in Michigan, mostly in the southeastern part of the state, were without power Wednesday morning, according to a USA TODAY tracker.

The looming storm system spun up at least eight tornadoes in Michigan; others were reported in Arkansas, Ohio and West Virginia, according to the National Weather Service. Powerful storms pummeled the Plains region on Monday, spinning up multiple tornadoes that killed at least one person in Oklahoma, flattened homes in multiple states and caused widespread power outages. Meteorologists warn that more severe weather is on the way.

Tornadoes, hail, damaging wind forecast for parts of central US

Nearly four million people across parts of Missouri, Arkansas, Illinois, Kentucky and Tennessee were at enhanced risk of severe storms on Wednesday, according to the Storm Predication Center. The powerful thunderstorms were expected to bring tornadoes, giant hail, and damaging winds, the prediction center said.

The cities in the areas of highest risk include Nashville, Memphis, St. Louis, Louisville and Little Rock, according to the weather service. A vast swath of the central and eastern U.S., from Texas to Georgia and up through New England was at slight risk of experiencing some of the poor weather.

Through the day and into the evening, meteorologists anticipate multiple rounds of severe thunderstorms to slam the Mississippi, Ohio and Tennessee valleys. Across Oklahoma, Arkansas and Texas, thunderstorms are forecast to develop by late afternoon. Along with the winds, rain and possible tornadoes, hail larger than 3 inches in diameter are a threat as the system shifts eastward through the evening.

Flood and tornado watches were in effect across Kentucky, Tennessee and Missouri through Thursday morning.

Contributing: Dinah Voyles Pulver; Kylie Martin, Detroit Free Press

ANN ARBOR, Mich. – Students will soon be able to chow down on chicken wings at the Michigan Union thanks to a new dining option.

Detroit-based Wing Snob is slated to open its first-ever campus location at the University of Michigan. The new concept is the national chain’s first foray into campus dining despite having more than 50 locations across the United States.

Once opened, students can grab wings smothered in different sauces ranging from Buffalo to Nashville Hot and Lemon Pepper.

The brand has become known for its wings, sandwiches, chicken tenders, loaded fries, desserts and sauces.

“We are excited to welcome Wing Snob to the Michigan Union! Students have been asking us for a great chicken option, and Wing Snob has a variety of menu items that meet a diverse array of dietary needs,” said University Unions and Auxiliary Services Senior Director Susan Pile.

Wing Snob officials said the jump to campus dining, especially at a Big Ten Conference participant, shows its commitment to “wing enthusiasts,” students and faculty, among others.

“We are thrilled to open our first university restaurant at the University of Michigan and introduce Wing Snob to the vibrant campus community,” says Jack Mashini, Co-Founder of Wing Snob. This new endeavor will open the door to many more restaurants, allowing us to serve our wings to guests across the US in a non-traditional setting.”

The Michigan Union is at 530 S. State St.