Courtesy Photo From left to right, now-former Caledonia Township zoning officer Ken Gibson, Alcona County Building Department official Harry Harvey, and District Health Department No. 2 Environmental Health Program Coordinator David Schmidt walk around one of Michael and Suan Mockeridge’s mini-cabins on June 2, 2021 in this photo provided by Philip Ellison, the Mockeridge’s attorney. A judge ruled Gibson, Harvey, and Schmidt violated the Mockeridges’ Fourth Amendment rights by searching the property without a warrant. They will face a jury trial on March 5.

ALPENA — In a 74-page opinion, federal Judge Thomas Ludington ruled that Michael and Susan Mockeridge had their Fourth Amendment rights violated when their neighbor and three government officials searched the property without a warrant.

The case now heads to a jury trial, which is scheduled to take place on March 5, 2024 in the U.S. District Court for the Eastern District of Michigan. The trial will determine what damages, if any, the Mockeridges are owed.

According to the court’s opinion, the Mockeridges’ neighbor, Keith Krentz, Alcona County Building Department official Harry Harvey, now-former Caledonia Township zoning officer Ken Gibson, and District Health Department No. 2 Environmental Health Program Coordinator David Schmidt in June 2021 visited five recreational mini-cabins located on 40 acres of property owned by the Mockeridges south of Hubbard Lake.

The unannounced inspection of the property came after several anonymous complaints about the cabins that the Mockeridges claim were falsely made as a result of Krentz’s connections. The officials never sought permission to enter the property and the government officials never attempted to obtain warrants prior to the search, according to the ruling.

Harvey and Schmidt argued that they couldn’t possibly know that the mini-cabins would qualify as places protected by the Fourth Amendment.

Ludington’s opinion rebuts that argument, stating that the men were aware that people sleep in mini-cabins, and, thus, they probably should have assumed they would be protected by the Fourth Amendment.

The Mockeridges’ attorney, Philip Ellison, said he’s happy with the court’s opinion and hopes that it serves as a warning to other government officials.

“We are very happy with the chance to go to trial,” said Ellison. “Hopefully, with this, government officials will understand that they need to respect private property rights.”

Harvey continues to deny any wrongdoing and insists that the whole case is being blown out of proportion.

“This whole deal has been turned upside down,” said Harvey. “We don’t feel like we have done anything wrong.”

Contacted to speak with Schmidt regarding the court’s opinion, an official at District Health Department No.2 responded that they had “no comments at this time.”

Neither of the other defendants in the case could be reached for comment.