AAPD Case 17-3517: Magistrate Tamara Garwood States “There Are No Files and Transcripts” for Search Warrants
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.
Why a Search-Warrant Court Record Matters
A search warrant gives law enforcement authority, with judicial approval, to intrude upon a person’s property or restrain assets. The court record is what preserves the basis and limits of that authority. It documents what law enforcement sought, the facts presented to establish probable cause, what the judicial officer authorized, and the warrant that resulted. Just as importantly, that record allows the person affected by the warrant to go back to court, obtain the basis for the government’s action, challenge the warrant or seizure, and ask a court to determine whether the search or restraint was lawful. Without an identifiable court record, meaningful judicial review can become difficult or impossible. A probable-cause determination may occur on a written affidavit without a hearing, but no hearing is not the same thing as no court record.
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
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Exhibit 2 – May 31, 2017 Order Granting Superintending Control
Judge Carol Kuhnke
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Exhibit 3 – July 29, 2019 Letter to Magistrate Tamara Garwood
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Exhibit 4 – Michigan State Police Investigation
Detective Erik Darling
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Exhibit 5 – August 8, 2019 Response from Magistrate Tamara Garwood
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Exhibit 6 – August 19, 2019 Reply Regarding the Search Warrant Court File
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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.
Related Search-Warrant Record: During Dr. Bradley Foerster’s November 2018 University of Michigan Bylaw 5.09 proceedings, AAPD Detective Spickard testified concerning the search-warrant process and stated that the associated documentation would be maintained through the court-record process: “The court maintains those files.” See November 2018 Testimony of AAPD Detective Spickard Concerning Search-Warrant Process and Missing Court File.
AAPD Case 17-3517 Documentary Chronology
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Selected Reporting
- Bradley Foerster Submits 140-Exhibit, 1,121-Page Documentary Chronology to FBI for Supervisory Review of the Investigation Involving Dr. Bradley Foerster, Dr. Myria Petrou, and Duaa Altaee
- From One FBI File to a Legislative Proposal: Peter and Maria Foerster Ask Senator Van Hollen's Office and Congressman Jamie Raskin to Consider a Uniform Administrative Framework for Federal Investigations
- Eva Feldman Documentary Chronology: 139 Exhibits on NIH R01NS082304, University Proceedings, and Federal Investigation — No Response Received
- Bradley Foerster and Myria Petrou Send Ann Arbor Officials Documentary Chronology on AAPD and Related Federal Investigations — No Response Received
- Timothy Lynch Documentary Chronology: 63 Exhibits on University of Michigan Office of General Counsel, University Investigations, and Law Enforcement — No Response Received
- Bradley Foerster and Myria Petrou Documentary Chronology: 8 Exhibits Document More Than Two Years of Efforts to Trace Bank of Ann Arbor's $1.4 Million Sheriff's Sale Credit Bid — No Response Received
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 a member of the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.