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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

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It is unclear whether photographing and fingerprinting during an investigation of suspicious activity is an unreasonable search under the Fourth Amendment, as the Court of Appeals noted in <a href="~/Blogs/Appellate/May-2017/COA-Photographs-and-fingerprints-do-not-trigger-a" target="_blank" rel="noopener"><em>Johnson v. Vanderkooi</em>, No. 330536</a>.  And that is why the lower court concluded that Grand Rapids police officers were immune from liability for doing so.  You can find our blog post on that case <a href="~/Blogs/Appellate/May-2017/COA-Photographs-and-fingerprints-do-not-trigger-a" target="_blank" rel="noopener">here</a>.  But the Michigan Supreme Court has nevertheless scheduled oral argument on the question of whether Grand Rapids police officers have implemented such a policy or custom instituted by the defendant City of Grand Rapids.  <a href="http://publicdocs.courts.mi.gov/sct/public/orders/156057_60_01.pdf" target="_blank" rel="noopener"><em>Johnson v. Vanderkooi</em>, No. 156057</a>.  This most certainly means the MSC is also doubting the Court of Appeals' conclusion that such activity would probably not violate the Fourth Amendment.

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MSC questions whether Grand Rapids implemented a policy of photographing and fingerprinting innocent pedestrians to fail to show ID during investigatory stop

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MSC questions whether Grand Rapids implemented a policy of photographing and fingerprinting innocent pedestrians to fail to show ID during investigatory stop

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