Ongoing Projects:

State Project(s):

The Michigan Department of Environmental Quality’s (“DEQ”) Cooperative Lakes Monitoring Program and Michigan Clean Water Corps both offer volunteer water quality monitoring opportunities.  See Cooperative Lakes Monitoring Program, Mich. Dep’t of Envtl. Quality, https://www.michigan.gov/deq/0,4561,7-135-3313_3681_3686_3731-195536--,00.html (last visited Feb. 7, 2019); Mich. Clean Water Corps, https://micorps.net/ (last visited Feb. 7, 2019). The Michigan Clean Water Corps was created by an executive order in 2003:  “The primary responsibility of the Corps shall be to assist the DEQ in establishing a comprehensive statewide volunteer water quality monitoring network . . . and to encourage the participation of other water quality monitoring programs in the Corps.”  See Exec. Order No. 2003-15(I)(B) (2003).

The Department of Natural Resource’s “Eyes in the Field” application allows volunteers to report sightings of animals observed in the wild. See Eyes in the Field, Mich. Dep’t of Nat. Res., https://secure1.state.mi.us/ORS/Home, (last visited Feb. 7, 2019).

Collection of Information:

Scientific Research Permits:

In order to research fish and wildlife on state park lands, land use and research permits are required. See Mich. Admin. Code R 299.927(n); Cultural/Scientific Research Permits, Mich. Dep’t of Nat. Resources, https://www.michigan.gov/dnr/0,4570,7-350-79136_79262_80436_85611---,00.html (last visited Feb. 7, 2019); Scientific Collector’s Permits (Wildlife), Mich. Dep’t of Nat. Resources, https://www.michigan.gov/dnr/0,4570,7-350-79134_82777-230545--,00.html (last visited Feb. 7, 2019); Cultural & Scientific Collectors Permit (Fisheries), Mich. Dep’t of Nat. Resources, https://www.michigan.gov/dnr/0,4570,7-350-79134_82777-452717--,00.html (last visited Feb. 7, 2019). 

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  A person is guilty of trespass only if they:

“(a) Enter the lands or premises of another without lawful authority after having been forbidden to do so by the owner or occupant or the agent of the owner or occupant.

(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.

(c) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.” Mich. Comp. Laws Ann. § 750.552(1).

Other Provisions:

See infra “Critical Infrastructure Laws.”

Drone Laws:

Harassment & Surveillance Law:

“(1) A person shall not knowingly and intentionally operate an unmanned aircraft system to subject an individual to harassment. As used in this subsection, “harassment” means that term as defined in section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i.

….

(3) A person shall not knowingly and intentionally operate an unmanned aircraft system to violate section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, or to otherwise capture photographs, video, or audio recordings of an individual in a manner that would invade the individual’s reasonable expectation of privacy.” Mich. Comp. Laws Ann. § 259.322.

An individual who violates this section is guilty of a misdemeanor “punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.” Id. § 259.323(1).

Preemption: 

“(1) Except as expressly authorized by statute, a political subdivision shall not enact or enforce an ordinance or resolution that regulates the ownership or operation of unmanned aircraft or otherwise engage in the regulation of the ownership or operation of unmanned aircraft.

(2) This act does not prohibit a political subdivision from promulgating rules, regulations, and ordinances for the use of unmanned aircraft systems by the political subdivision within the boundaries of the political subdivision.” Mich. Comp. Laws Ann. § 259.305.

State Parks: 

On lands under the jurisdiction of the Mackinac Island State Park Commission it is unlawful for a person to “[u]se or operate an unmanned aircraft without proper written permission.” Mich. Admin. Code R 318.146(o).

Critical Infrastructure Laws:

Trespass:

Entry upon a “key facility” that is “completely enclosed by a physical barrier of any kind… and is posted with signage” is prohibited. Mich. Comp. Laws Ann. § 750.552c(1).

“Key facilities” include: chemical manufacturing facilities, refineries, electric utility facilities, water treatment facilities, liquid natural gas facilities, transportation facilities, pulp or paper manufacturing facilities, pharmaceutical manufacturing facilities, waste treatment or disposal facilities, or “substantially similar” facilities. Id. § 750.552c(1)(a)-(l).

A violation of this section is “a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.” Id. § 750.552c(3).

Stalking Laws:

Criminal Law:

“(1) As used in this section…(d)  ‘Stalking’ means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested…..

 (2)  An individual who engages in stalking is guilty of a crime as follows:

(a)  Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both….” Mich. Comp. Laws Ann. § 750.411h.

Civil Law:

A victim may maintain a civil action against an individual who engages in stalking whether or not that individual has been charged or convicted. Mich. Comp. Laws Ann. § 600.2954.

Use of Information:

Although our research is incomplete, this provision could be construed to allow the use of information collected by citizens.

Explicitly Allows:

The Michigan Clean Water Corps may “assist the DEQ in gathering and exchanging reliable and meaningful water quality data for water resources management and protection programs.”  See Exec. Order No. 2003-15.

Evidentiary Standards:

Pleading a Claim:

Requires certification that the claim “is well grounded in fact.”  Mich. Ct. R. 1.109(E)(5)(b).

Authentication or Chain of Custody:

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  Mich. R. Evid. 901(a).

Expert Testimony:

Michigan Rule of Evidence 702 and Daubert standard.  See Chapin v. A & L Parts, Inc., 733 N.W.2d 35, 36-38 (Mich. 2007); Gilbert v. DaimlerChrysler Corp., 685 N.W.2d 391, 408 (Mich. 2004).