Gora v. City of Ferndale

Today, without acknowledging the test adopted by this Court in Tallman v Dep’t of Natural Resources,1 and more importantly, without recognizing the independence of the state and its citizens and their ability to enact a constitution that gives them greater protection than the federal constitution, the Court abdicates its constitutional responsibility to undertake an independent analysis of its own state’s constitution. The majority holds for the first time that United States Supreme Court precedent construing the Fourth Amendment is binding on this Court’s interpretation of the Michigan…