Todd and Heather Maxon of Long Lake Township are appealing a lower court's 2-1 ruling made last year, stating constitutional protections against evidence obtained from an unlawful search applies only to criminal — not civil — investigations.
The Michigan Supreme Court oral arguments begin at 10 a.m. Wednesday in the auditorium of Powers Catholic High School in Flint.
The Court Community Connections program has included the case as one where judges hear cases at locations around the state where the public, and specifically high school students, can attend.
A student program will begin an hour prior to oral arguments and, when arguments are completed, attorneys will conduct a debriefing session during which students can ask questions.
The student program and oral arguments will be broadcast live, available to watch on the Michigan Supreme Court's YouTube channel and on the high school's website.
The drone case is a case of first impression — meaning, this is the first time a state high court is considering whether Fourth Amendment protections, which prohibit unreasonable government searches, apply to drone technology.
In 2006, Todd Maxon's hobby of repairing used vehicles, some for personal use and some to sell, and selling scrap metal to recyclers, attracted the attention of officials, who said he'd violated the township's zoning ordinance.
"The township went on a fishing expedition by flying a drone multiple times over my property," Maxon said Monday. "Every family should feel secure and safe from any government agency spying on them, from above, with a drone."
Maxon said he believes all government officials, not just those with police power, need to adhere to the Fourth Amendment.
The Maxon property is zoned residential, township officials cited the Maxons for violations, the couple disputed these in court, and township officials used drone photos as evidence of the citations.
In September 2022, the Michigan Court of Appeals in a split decision sided with the township, stating even if the drone flights violated the Maxons' Fourth Amendment rights, the government could still use the evidence in court.
That's because, the COA said, there is an "exclusionary rule" and Fourth Amendment protections don't apply to civil disputes.
Attorneys for Long Lake Township previously acknowledged in court filings that township officials did hire a drone pilot to conduct three flyovers of the Maxon property — two flights in 2017 and one flight in 2018.
The township's court filings state, that because these flights were in public airspace, complied with Federal Aviation Administration rules and took photos similar to those on free Internet sites such as Google Earth, they don't violate anyone's civil rights.
But attorneys with the Institute for Justice, an Arlington, Va.-based public interest law firm representing the Maxons, argue the Fourth Amendment applies to all government officials — not just police.
Attorneys with a number of state and national organizations have weighed in with amicus briefs, including, in support of the Maxons, the Electronic Frontier Foundation, the CATO Institute and the Rutherford Institute; and in support of the township, the Michigan Townships Association and the Michigan Municipal League.
Amicus briefs are briefs filed by attorneys representing businesses, nonprofits and trade organizations whose owners or members are not involved in the lawsuit but take a side to support a cause they care about.
One argument, on behalf of the Maxons, questions whether the law has kept pace with technology, while attorneys advocating on behalf of local governments argue officials have the right to use tools to enforce regulations.
A decision could be announced today or could take several weeks or months. Pleadings, the COA's opinion and dissenting opinion, and amicus briefs are publicly available on the Michigan Courts website.
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