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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The spirit of the Constitution, drafted by men who chafed against the heavy-handed tyranny of an imperial ruler, would suggest that one’s home is a fortress, safe from almost every kind of intrusion.

Unfortunately, a collective assault by the government’s cabal of legislators, litigators, judges and militarized police has all but succeeded in reducing that fortress—and the Fourth Amendment alongside it—to a crumbling pile of rubble.

We are no longer safe in our homes, not from the menace of a government and its army of Peeping Toms who are waging war on the last stronghold of privacy left to us as a free people.

The weapons of this particular war on the privacy and sanctity of our homes are being wielded by the government and its army of bureaucratized, corporatized, militarized mercenaries.

Government agents—with or without a warrant, with or without probable cause that criminal activity is afoot, and with or without the consent of the homeowner—are now justified in mounting virtual home invasions using surveillance technology—with or without the blessing of the courts—to invade one’s home with wiretaps, thermal imaging, surveillance cameras, aerial drones, and other monitoring devices.

 
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