Michigan Supreme Court to rule on whether governments can use drones to spy on citizens.
Michigan Supreme Court to Decide Landmark Case on Government Surveillance Using Drones
Michigan’s highest court is currently deliberating on whether a local government violated a family’s constitutional rights by employing a drone to conduct surveillance on their property. The case revolves around a dispute between Long Lake Township and Todd Maxon, who had been accused by the township of operating an illegal junkyard on his property. In 2017, town officials hired a drone operator to gather evidence of Maxon’s alleged zoning violation. Maxon argues that this surveillance violated his Fourth Amendment rights.
Representing Maxon, Robert Frommer, a senior attorney with the Institute for Justice, a national nonprofit, stated, “Runaway drone surveillance is pretty much the start of every dystopian science fiction novel.” He further emphasized that if the family loses the case at the state level, they are prepared to appeal to the U.S. Supreme Court.
Maxon described the surveillance as intrusive, stating, “This is high-definition, zoom-in still photographs, video. It’s – people today, society today, is not ready to accept that as the norm. Nobody would want any drone watching you.” He also mentioned instances where he was captured on video while outside his house with his family.
The township argues that it was necessary to conduct the surveillance because Maxon had violated the terms of a previous settlement. They claim that the drone never entered Maxon’s property and that there was no law prohibiting such surveillance. Michigan law allows drones to fly up to 400 feet.
The Michigan Supreme Court had previously referred the case to the Michigan Court of Appeals to determine whether the exclusionary rule, which prohibits the use of illegally obtained evidence, applies. The Court of Appeals ruled that in a civil matter, violating Fourth Amendment rights was not a concern.
The American Civil Liberties Union (ACLU) has intervened on behalf of the Maxon family, arguing that the drone surveillance violates the Fourth Amendment. The ACLU stated that this type of warrantless aerial surveillance poses a threat to individual privacy rights and should be prohibited.
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