Smart Meters    and   The 4th Amendment

"We The People"     Privacy   Vs   The Corporations   and  Politicians

Michigan Penal Code 750.539d

Every surveillance device installation is a violation of Michigan Penal Code, Act 328 of 1931, MCL 750.539d which makes it a felony to install a device for the purpose of observing, recording, transmitting,

photographing or eavesdropping in ​a “Private Place”. 

​The MCL 750.539d specifically states (in part): 

(1) A person shall not do either of the following: ​ (a) Install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place. (b) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section.

 (3) A person who violates or attempts to violate this section is guilty of a crime as follows:For a violation or attempted violation: the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.​

If the person was previously convicted of violating or attempting to violate this section (and/or subsection (1)(b), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(n) Causing a probability of confusion or of misunderstanding as to the legal rights, obligations, or remedies of a party to a transaction.
(m) Causing a probability of confusion or of misunderstanding with respect to the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction.
445.903 Unfair, unconscionable, or deceptive methods, acts, or practices in conduct of trade or commerce; rules; applicability of subsection (1)(hh).
Sec. 3.
The 4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Implied Consent

The Protection of the 4th Amendment of  the Constitution has been gradually eroded over the last couple of centuries to give up our secured Right to protect Our Property within Our Home.

​See 4th Amendment Annotations

This cannot be more important to all us today as the greatest invasion of our homes is now being undertaken without the objections of our Governor, Attorney General and Legislators.

The Smart Meter Mandate.

Michigan's Attorney General's office believes that the Michigan Consumer Protection Act, PA 331 of  1976 does not apply to protect consumers rights in regard to the DTE Corporation AMI Smart Meter forced mandate because the non-elected Commissioners of the MPSC have legal authority to enforce their Rules to govern public utilities. They are considered to have "Primary Jurisdiction".

​The Consumer Protection Act was intended to protect consumers from breaches of contract such as taking a product they never contracted fore (K) or (J)

Representing that a part, replacement, or repair service is needed when it is not.
(See Michigan Consumer Protection Act - this page).

(p) Disclaiming or limiting the implied warranty of merchantability and fitness for use, unless a disclaimer is clearly and conspicuously disclosed.
(s) Failing to reveal a material fact, the omission of which tends to mislead or deceive the consumer, and which fact could not reasonably be known by the consumer.
(t) Entering into a consumer transaction in which the consumer waives or purports to waive a right, benefit, or immunity provided by law, unless the waiver is clearly stated and the consumer has specifically consented to it.
(1) Unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce are unlawful and are defined as follows:
(a) Causing a probability of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services.
(c) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has sponsorship, approval, status, affiliation, or connection that he or she does not have.
(j) Representing that a part, replacement, or repair service is needed when it is not.
(i) Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.
(k) Representing to a party to whom goods or services are supplied that the goods or services are being supplied in response to a request made by or on behalf of the party, when they are not.

It is through Implied Consent, if you do not say NO or demand other contractual actions or obligations, you are saying (YES) to their demands. 

If you do not want a private corporation breaching the privacy of the walls of your home with Radio Frequency Radiation from 2 way communications, 4 channels of data collection and remote disconnect.

SEE the Utility's Smart Meter (Itron OpenWay meter)

You must not let the Corporations, a MPSC, a Governor or Attorney General say we have No Rights to protecting ourselves, our family and the Constitution. Its the corporation and bureaucracy protecting their own interest - not "We the Peoples". 

American has spent millions of its beloved Patriots blood defending its Constitution and way of life. We should never give up our Freedom for lack of a voice!

You must SAY NO!

Hold them ALL Accountable!