The electric company’s decision to install smart meters is not a Fourth Amendment issue because the company is a private actor. In re Consumers Energy Co., 2017 Mich. App. LEXIS 2161 (Oct. 10, 2017, published Dec. 28, 2017).
The state trial court may have misidentified the search and seizure issue, but the court of appeals did not, and defendant thus had a full and fair opportunity to litigate the Fourth Amendment claim in state court. Haakenstad v. Symdon, 2017 U.S. Dist. LEXIS 212933 (W.D. Wis. Dec. 29, 2017).*