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.