Michigan Supreme Court To Clarify Interpretation of Michigan’s Eavesdropping Statute
Highlights
The U.S. District Court for the Eastern District of Michigan certified the question of whether Michigan is a one- or two-party consent state for eavesdropping purposes to the Michigan Supreme Court
The District Court previously ruled that Michigan is a two-party consent state, deviating from several prior Michigan Court of Appeals decisions
While the Michigan Supreme Court has discretion to deny ruling on the certified question, it is likely, given the wide-ranging impact of a change in interpretation of the law, the Michigan Supreme Court opines on the issue
On September 28, 2020, in AFT Michigan v. Project Veritas, the U.S. District Court for the Eastern District of Michigan certified a first-of-its-kind ruling regarding Michigan’s eavesdropping statute, MCL § 750.539 et seq., to the Michigan Supreme Court for interpretation.
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