Zoning dispute; Use of a drone to take aerial photos of defendants’ property; The Fourth Amendment; Applicability of the exclusionary rule; Pennsylvania Bd of Probation & Parole v Scott; Kivela v Department of Treasury

In an order after receiving supplemental briefing, the court vacated its prior order for the scheduling of oral argument and, in lieu of granting leave to appeal, vacated the Court of Appeals judgment (see e-Journal # 75070 in the 3/22/21 edition for the published opinion). It remanded the case to the Court of Appeals “to address the additional issue of whether the exclusionary rule applies to this dispute.” The court noted that the U.S. Supreme Court in Pennsylvania Bd declined “to extend the operation of the exclusionary rule beyond the criminal trial context” and that, in Kivela, the court declined to extend it to a civil tax proceeding.