FOIA Denied: Search Warrant Affidavits Withheld from Dr. Myria Petrou and Dr. Bradley Foerster on Appeal (2017)
Dr. Myria Petrou and Dr. Bradley Foerster attempted to obtain copies of the search warrant affidavits through the Freedom of Information Act (FOIA). The request was denied by the City of Ann Arbor (FOIA documentation attached).
On August 10, 2017, Dr. Myria Petrou submitted a FOIA request to the Ann Arbor Police Department seeking affidavits executed by Detective Rougeau in connection with the search and seizure of bank accounts held by Dr. Petrou and Dr. Foerster.
On August 14, 2017, the Ann Arbor Police Department denied the request, stating that the requested records were part of an ongoing investigation.
On August 18, 2017, Dr. Petrou submitted an appeal to the City of Ann Arbor, including the Office of the City Attorney, which advised on the response.
On August 21, 2017, the City of Ann Arbor denied the appeal, stating that disclosure of the requested investigatory records would interfere with law enforcement proceedings and further citing pending civil litigation between the parties as a basis for denial.
Under Michigan law, MCL 780.651(9) provides that a search warrant affidavit becomes public information on the fifty-sixth day following issuance unless a court-ordered suppression is obtained.
No search warrant affidavits were produced in response to this FOIA request or subsequent appeal, despite forming the basis of the search and seizure actions reflected in this record.
These records document a request for the underlying affidavits, their denial at both levels, and the absence of any production of those materials in the record.
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