The Missing Search Warrant Court File

Magistrate Tamara Garwood signed the first six search warrants obtained by Ann Arbor Police Detective Bradley Rougeau during the 2017 investigation. The warrants froze Dr. Bradley Foerster's and Myria Petrou's bank accounts for more than one year, including their Bank of Ann Arbor mortgage account for 630 Geddes Ridge, Ann Arbor, Michigan, ultimately contributing to the loss of their home and other assets. The March 13, 2017 seizure order affecting the Bank of Ann Arbor account became the subject of the subsequent superintending-control proceedings.

Following the March 13, 2017 seizure order, Dr. Bradley Foerster's and Myria Petrou's attorney attempted to file an emergency motion in the 15th District Court seeking relief from the seizure of their Bank of Ann Arbor account ending in #5605. According to the subsequently filed Complaint for Superintending Control, counsel was informed that there was no court file and that no hearing could be held without a file, and was instead directed to seek relief from Detective Bradley Rougeau and/or the Washtenaw County Prosecutor's Office.

Because the 15th District Court advised that it could not accept the filing in the absence of a court file, Dr. Foerster's and Ms. Petrou's attorney filed a Complaint for Superintending Control in the Washtenaw County Circuit Court, Case No. 17-298-AS.

On May 31, 2017, Washtenaw County Circuit Court Judge Carol Kuhnke granted the Complaint for Superintending Control and ordered the 15th District Court to accept the petition relating to the March 13, 2017 seizure order and handle the matter in accordance with existing district court rules and procedures.

During a December 14, 2017 interview, Michigan State Police Detective Erik Darling documented that Magistrate Garwood maintained the original search warrant affidavits in a locked cabinet in her office and produced the original search warrant documents during his investigation.

On July 29, 2019, Dr. Foerster and Ms. Petrou wrote to Magistrate Tamara Garwood requesting the official search warrant court file. Enclosed with the letter were Judge Carol Kuhnke's May 31, 2017 Order directing the 15th District Court to accept their petition concerning the March 13, 2017 seizure order and proceed under existing district court rules and procedures, together with Detective Erik Darling's investigative report documenting that Magistrate Garwood maintained the original search warrant documents in her locked cabinet and produced those documents during the Michigan State Police investigation.

On August 8, 2019, Magistrate Tamara Garwood responded that copies of the search warrant affidavits and warrants could be provided, but also stated:

“Again, there are no files and transcripts...”

On August 19, 2019, Dr. Foerster and Ms. Petrou responded that Michigan law required the search warrant affidavits to be contained in a court file or court record retention system and requested an explanation as to why the original search warrant documents were maintained in the magistrate's locked cabinet rather than within the official court records system.

No further response to that correspondence is reflected in the documentary record.

Exhibits

Exhibit 1 – Complaint for Superintending Control (Selected Pages)
Washtenaw County Circuit Court Case No. 17-298-AS

Exhibit 2 – May 31, 2017 Order Granting Superintending Control
Judge Carol Kuhnke

Exhibit 3 – July 29, 2019 Letter to Magistrate Tamara Garwood

Exhibit 4 – Michigan State Police Investigation
Detective Erik Darling

Exhibit 5 – August 8, 2019 Response from Magistrate Tamara Garwood

Exhibit 6 – August 19, 2019 Reply Regarding the Search Warrant Court File

Related Material: For additional background regarding the four Ann Arbor Police Department investigations and the documentary notice transmitted to Ann Arbor Mayor Christopher Taylor, City Administrator Milton Dohoney Jr., City Attorney Atleen Kaur, and Police Chief André Anderson, see July 26 Documentary Notice to City of Ann Arbor Officials. Following publication of this post, Dr. Bradley Foerster submitted a renewed request to the 15th Judicial District Court seeking production of the previously acknowledged search warrants, affidavits, and related court records. That request is documented in 15th District Court Asked to Produce Previously Acknowledged Search Warrants.

Author Image

Brad Foerster, MD PhD

Brad Foerster is a FOIA advocate documenting requests, transparency disputes, and accountability investigations involving public agencies, universities, police oversight, and Russia-Gate related inquiries. His work compiles original documents, timelines, and analysis of public records and institutional responses. Brad is also a board-certified radiologist, author of Town & Gown, and has published over 40 peer-reviewed articles. Brad lives in Potomac, Maryland with his family and is active in the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.