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"Welfare Check" by Police Leads to Northern Michigan county agreeing to pay $250,000 as a result of a deadly standoff

A federal Court of Appeals judicial panel in 2015 said the failure to get a warrant could constitute a violation of Carlson's Fourth Amendment rights. The judges reversed an earlier ruling to dismiss the county from a lawsuit.

Police were called to Carlson's home in Karlin for a welfare check. Relatives told dispatchers he was suicidal and armed, and they feared he would provoke a shootout.

A standoff began that last 12 hours before a sharpshooter killed Carlson as he was pointing a rifle in the general direction of three deputies. He had been talking to the deputies in those moments.

Joseph GaleSeptember 25, 2018Michigan Litigation LawComment

Drug charges reinstated for motorist driving hands-free

His attorney argued in Circuit Court that the evidence shouldn’t be used because police didn’t have probable cause to pull over the motorist.

Because it isn’t illegal to look at Snapchat while driving, Mountain’s attorney argued he hadn’t been violating the law and a Circuit Court judge agreed, tossing the case. However, the court of appeals disagreed.

"Although studying Snapchat is different than texting," the trooper's "common sense conclusion" was that Mountain was "violating a traffic law, thereby establishing adequate grounds for a traffic stop," the ruling said.

Joseph GaleSeptember 24, 2018Michigan Litigation LawFourth Amendment, Probable CauseComment

Supreme Court keeps ban on Michigan straight-ticket voting

Michigan’s Republican-led Legislature voted to end straight-party voting in late 2015, but the option continued in 2016 amid a lawsuit alleging the change would disproportionately affect African-Americans. The U.S. Sixth Court of Appeals, in a 2-1 decision on Wednesday, said plaintiffs were unlikely to win their case and ordered the ban to take effect for the election in about three months.

Joseph GaleSeptember 17, 2018Michigan Litigation Law Comment

Michigan groups renew fight over Trump travel ban

The American Civil Liberties Union of Michigan, advocacy groups and separated families are renewing a legal challenge to President Donald Trump’s executive order barring travelers from some countries with majority Muslim populations.

Joseph GaleSeptember 15, 2018Michigan Litigation LawComment

Will Kavanaugh Support the Second Amendment on the Supreme Court?

Gun rights advocates are stepping into the fight to push conservative federal appeals Judge Brett Kavanaugh across the finish line and onto the U.S. Supreme Court where they expect him to break potential ties on liberal gun control efforts.

Joseph GaleSeptember 13, 2018Michigan Litigation LawComment

Is NSA metadata program “consistent” with the Fourth Amendment?

Supreme Court nominee discussed notable surveillance cases during Friday testimony.

Joseph GaleSeptember 9, 2018Michigan Litigation LawComment

How doorbell cams are creating dilemmas for police, neighborhoods

As doorbell cameras and other smart home surveillance systems become more common, experts are urging residents: Don't rush to post that video of the suspected burglar on your front porch until you've talked to police.

Joseph GaleSeptember 4, 2018Comment

Release of 3D-printed gun software blocked

A US federal judge in Seattle has blocked the release of software that allows consumers to 3D-print firearms.

Joseph GaleAugust 1, 2018Second AmendmentComment

Supreme Court rejects Trump bid to halt climate change case

The U.S. Supreme Court on Monday rejected a bid by President Donald Trump’s administration to put the brakes on a lawsuit filed by young activists who have accused the U.S. government of ignoring the perils of climate change.

Joseph GaleJuly 31, 2018Comment

Autism, 10 other conditions now qualify patients for medical marijuana

The state on Monday added 11 medical conditions, including autism, chronic pain, Parkinson's disease and Tourette's syndrome, to the list of ailments that could qualify a person for a medical marijuana card.

Joseph GaleJuly 10, 2018Comment

Michigan High Court to hear arguments over redistricting proposal

The Michigan Supreme Court on Friday agreed to consider a legal challenge to a potential ballot proposal that would create a citizen committee to redraw political boundaries every 10 years.

Joseph GaleJuly 9, 2018Comment

The Supreme Court's biggest rulings of 2018

Before Supreme Court Justice Anthony Kennedy announced his upcoming retirement, the Court issued decisions on several significant cases that could have impacts on public unions, cell phone privacy and how courts consider First Amendment protections.

Joseph GaleJuly 5, 2018Comment

Supreme Court allows retaliatory arrest lawsuit to move forward

The Supreme Court on Monday gave a civic activist in Florida another shot at proving that his arrest at a city council meeting was in retaliation for his criticism of public officials.

Joseph GaleJune 24, 2018Comment

Defending Privacy, Supreme Court Says Warrants Generally Are Necessary to Collect Cell Phone Data

In a major statement on privacy in the digital age, the Supreme Court ruled on Friday that the government generally needs a warrant to collect troves of location data about the customers of cellphone companies.

Joseph GaleJune 22, 2018United States Supreme Court Comment

Court: Anti-gerrymandering issue fit for Michigan ballot

A proposal that would create an independent commission to draw political boundaries instead of politicians should appear on the November ballot, the Michigan Court of Appeals ruled Thursday.

Joseph GaleJune 7, 2018Comment

U.S. appeals against ruling that Trump could not block Twitter followers

The U.S. Justice Department said on Monday it would appeal against a federal judge’s ruling that President Donald Trump may not legally block Twitter users from his account on the social media platform based on their political views, according to a court filing.

Joseph GaleJune 5, 2018Michigan Litigation LawComment

Supreme Court rules on narrow grounds for baker who refused to create same-sex couple's wedding cake

A divided Supreme Court on Monday absolved a Colorado baker of discrimination for refusing to create a custom wedding cake for a same-sex couple, ruling that the state exhibited "religious hostility" against him.

Joseph GaleJune 4, 2018Comment

6th Circuit panel upholds mandatory retirement at 70 for Michigan judges

A federal appeals court has rejected a challenge to Michigan's mandatory retirement age for state judges.

Joseph GaleJune 1, 2018Michigan Litigation LawComment

Supreme Court Hands Down Another Pro-Fourth Amendment Ruling

“We decline Virginia’s invitation to extend the automobile exception to permit a warrantless intrusion on a home or its curtilage,” Sotomayor wrote.

Joseph GaleMay 30, 2018Comment

Customer who attacked pizza shop with golf club loses appeal

This isn't the way to complain about toppings on a pizza.

Joseph GaleMay 28, 2018Michigan Litigation LawComment