Privacy, encryption vs. Surveillance state

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Michigan Supreme Court Creates Giant Loophole for Warrantless Surveillance​

Court Refuses to Decide if Repeated, Warrantless Drone Snooping Is a “Search,” Holds That Government Can Use the Evidence Anyway

ARLINGTON, Va.—On Friday, the Michigan Supreme Court unanimously ruled that even if the government deliberately violates your rights by flying a drone over your property, it can still use its unconstitutionally obtained evidence against you in court. The ruling, which concerns Long Lake Township’s repeated drone surveillance of Todd and Heather Maxon’s property in order to gather evidence against them, sets a devastating precedent that undermines the Fourth Amendment whenever the government goes after you in civil court. The Maxons were represented by the Institute for Justice (IJ).

“The Michigan Supreme Court blessed warrantless surveillance in the name of code enforcement,” said IJ Attorney Mike Greenberg. “Courts ordinarily order evidence from unconstitutional searches excluded, to disincentivize officials from violating our Fourth Amendment rights. The court’s holding creates a massive hole in that rule, removing that incentive for officials who pursue civil, rather than criminal, violations.”

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Michigan Supreme Court Creates Giant Loophole for Warrantless Surveillance - Institute for Justice

ARLINGTON, Va.—On Friday, the Michigan Supreme Court unanimously ruled that even if the government deliberately violates your rights by flying a drone over your property, […]

ij.org