Tagged: michigan supreme court

The Supreme Court will hear arguments in a case regarding a possible illegal search today.

In the case "The People of the State of Michigan vs. Mark Slaughter" - the defendant, Mark Slaughter, was charged with possessing marijuana plants in his basement after a firefighter found the plants during an emergency call. From the court filing:

On May 6, 2007, firefighters were called to the residence of Kathleen Tunner at 3206 Coolidge, Royal Oak, Michigan. Ms. Tunner testified that she suspected that water was running down the wall of her basement in her unit over her electrical box. Ms. Tunner contacted 911 and the fire department arrived...even though the unit in which called for assistance was Ms. Tunner's unit, Lieutenant Schunck never entered or inspected Ms. Tunner's unit...[Schunck] testified that they entered Defendant's unit, absent any signs of leaking water or hearing water running from outside Defendant's unit...Upon entering Defendants unit, the firefighters observed suspected marijuana plants...and subsequently contacted the police."

The Associated Press reports that lower courts have ruled in Slaughter's favor:

Slaughter's defense lawyer successfully argued that it was an illegal search. Prosecutors say there's an exception when authorities find evidence of a crime during an emergency.

So let's play armchair Supreme Court justice. Do you think this amounted to an illegal search? You can read the complaint to gather more information before you issue your ruling.

This Wednesday, the Michigan Supreme Court will hear arguments in a case that may determine if police officers have an expectation of privacy when they are doing their jobs.

It all started with a video.

Detroit city police and members of former Mayor Dennis Archer’s staff wanted to prevent a sexually explicit video from being played at a Dr. Dre concert in July 2000.

A camera crew for the rapper videotaped police officers saying they would pull the plug on the concert.

Former police officer, and current Detroit City Council president pro-tem Gary Brown, is seen on the video saying "we're going to shut this show down."

Eventually, Dr Dre decided not to show the video police were concerned about.

But the video of the police officers making their threats was put onto a concert DVD.

Thanks to YouTube user "snoopfroggydogg," you can see the "Detroit Controversy" videos here (WARNING: they contain images and words not suitable for younger viewers):

Detroit city officials sued, claiming the DVD makers violated Michigan’s anti-eavesdropping law by putting the video on the DVD without their permission.

The city officials and police officers claim their privacy was invaded by being videotaped and the video being shown publicly.

Attorney Herschel Fink represents the DVD’s producers. He says police officers have no 'right to privacy when they’re doing their job:

"I think the very essence of law enforcement is transparency...and I think this case has implications for mainstream news gathering and not just private citizens who are videotaping police berating them which was the case here."

Lower courts have tended to side with the DVD producers.

Earlier this morning, Governor Rick Snyder announced that he was appointing Appeals Court Judge Brian Zahra to the Michigan Supreme Court. 

Judge Zahra will be taking over the place of state Supreme Court Justice Maura Corrigan.  Corrigan will leave the court on Friday to begin a new job as the head of the state Department of Human Services.  Governor Snyder named her the Director of DHS last week.

So, just who is Judge Brian Zahra?  Here are 5 things we know:

1. He has a Bachelor of General Studies degree from Wayne State University. He also has a J.D. from the University of Detroit School of Law.
2. He has served on the Michigan Court of Appeals since 1999.
3. In 2006 he received Jurist of the Year from the Police Officers’ Association of Michigan.
4. He is a member of the State Bar of Michigan.
5. He is married and has two children.
   

Update 10:19 a.m.:

Michigan Radio has learned that Judge Zahra's appointment will take effect on Friday, January 14th at noon.  In a release sent out this morning, Governor Snyder said Zahra's, "legal reasoning abilities and depth of understanding of Michigan law are virtually unmatched." Snyder also noted:

Judge Zahra’s sixteen years of judicial experience and his razor sharp intelligence will make him an outstanding addition to the court. His integrity and consistent legal philosophy that judges are to interpret laws, not make them, gives me confidence that he will respect our system of checks and balances while upholding the rule of law.”

9:22 a.m.:

Governor Rick Snyder has named Appeals Court Judge Brian Zahra to the Michigan Supreme Court, Michigan Public Radio's Rick Pluta reports. Zahra was appointed to the appeals court in 1999 by former Republican Governor John Engler. He was then elected to the court in 2000 and 2006.

Judge Zahra will be taking over the place of state Supreme Court Justice Maura Corrigan.  Corrigan will leave the court on Friday to begin a new job as the head of the state Department of Human Services.  Governor Snyder named her the Director of DHS last week.

Like Corrigan, Zahra is a Republican.  That means the state Supreme Court will keep its 4-3 GOP majority.