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Michigan Supreme Court allows evidence collected by drone, without a warrant

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Michigan Supreme Court allows evidence collected by drone, without a warrant


Last week, the Michigan Supreme Court ruled unanimously that evidence collected illegally could still be used to enforce civil penalties.

Todd and Heather Maxon keep cars on their five-acre property in Long Lake Township. The township sued in 2007, alleging that the Maxons were violating a zoning ordinance by keeping “junk” on the property. When the Maxons fought back, the township agreed to drop the charges and reimburse attorney fees, and in exchange, the Maxons would not expand the number of cars on the property.

Township officials heard that the Maxons’ collection was growing, but the cars were hidden from the road, so they had no way to verify it without a warrant—or so you would think. Instead, officials hired a company to surveil the property with aerial drones on three different occasions. Finding that the collection had indeed expanded, the township sued the Maxons for violating the agreement.

The Maxons filed to suppress the drone evidence as a Fourth Amendment violation, since the township never obtained a warrant. The case made its way to the Michigan Supreme Court, which heard oral arguments in October. The court had previously remanded the case back to the Michigan Court of Appeals to determine “whether the exclusionary rule applies to this dispute.” The exclusionary rule holds that evidence obtained illegally cannot be introduced at trial.

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Last week, in a unanimous decision, the Michigan Supreme Court sided with the township. “The exclusionary rule may not be applied to civil enforcement proceedings that effectuate local zoning and nuisance ordinances,” wrote Justice Brian Zahra, adding that “the costs of excluding the drone evidence outweighed the benefits of suppressing it.”

“Generally, the exclusionary rule operates to exclude or suppress evidence in certain legal
proceedings if the evidence is obtained in violation of a person’s constitutional rights,” Zahra wrote. “Caselaw, however, has never suggested that the exclusionary rule bars the introduction of illegally seized evidence in all proceedings or against all persons. Given the history of the rule, it is only applicable when the objective of deterring wrongful law enforcement conduct is most effectively met.”

The court of appeals originally determined that the search had violated the Fourth Amendment before the higher court sent it back for further consideration. “Because the Supreme Court limited our review to the exclusionary rule’s role in this dispute, we proceed by assuming that a Fourth Amendment violation occurred,” wrote Chief Judge Elizabeth Gleicher of the Michigan Court of Appeals.

But the state supreme court punted on that issue: “Because the exclusionary rule did not apply in this civil proceeding to enforce zoning and nuisance ordinances,” Zahra wrote, “the Court declined to address whether the use of an aerial drone under the circumstances of this case was an unreasonable search or seizure for purposes of the United States or Michigan Constitutions.”

In other words, the state’s highest court decided that it was irrelevant whether the search violated the Fourth Amendment because the evidence would not be excluded either way, so long as the search was conducted to investigate civil and not criminal violations.

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Robert Frommer, an attorney with the Institute for Justice (I.J.), a public-interest law firm that represents the Maxons, calls the Supreme Court’s decision “wrong and dangerous,” saying that it effectively endorsed unconstitutional searches “as long as the person searching does not have a policeman’s hat.”

“The Fourth Amendment is not about the police, it’s about the government,” Frommer tells Reason. “The Michigan Supreme Court failed to act, but the Legislature should fix this loophole to secure Michiganders’ rights.”



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Michigan to distribute marijuana tax revenue: What your city will get

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Michigan to distribute marijuana tax revenue: What your city will get


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  • The Michigan Department of Treasury will distribute tax revenue collected from marijuana sales to municipalities and counties.
  • The government entities will get about $54,000 per retail store or microbusiness, based on nearly $94 million collected.
  • Detroit, once again, will receive the most money of any municipality.

Michigan municipalities and counties that allow recreational marijuana dispensaries are set to receive far less money this year than last in their annual portion of tax revenue collected from cannabis sales.

Sales declined in 2025 for the first time since legal recreational marijuana sales started in December 2019.

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A total of 114 cities, 39 villages, 81 townships, 75 counties and four tribes will receive payments from the Marijuana Regulation Fund, according to a March 3 news release from Michigan’s Cannabis Regulatory Agency. They will get about $54,000 per retail store or microbusiness, based on nearly $94 million collected.

Last year, each eligible government entity received a little more than $58,000 per business based on a total of nearly $100 million in marijuana tax revenue.

Detroit, once again, will receive the most money of any municipality. There are 61 active retailer licenses in Detroit, so the city will get nearly $3.3 million in tax revenue.

State law determines how the money is split. The Michigan Transportation Fund gets 35% of the revenue, which is used for the repair and maintenance of roads and bridges, and another 35% goes to the School Aid Fund to be used for K-12 education. The other 30% is split between municipalities, counties and tribes.

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The payments come from revenue collected from the 10% recreational marijuana excise tax. This tax is separate from a new 24% wholesale tax that went into effect Jan. 1. The revenue from that tax will go to fixes for local roads.

Sales at recreational marijuana dispensaries declined by 3% last year to $3.17 billion, down from $3.28 billion in 2024, according to figures from Michigan’s Cannabis Regulatory Agency, leading to the smaller payouts. More government entities also split the revenue compared with last year.

Payments to municipalities could get smaller if sales continue to decline. Recreational marijuana sales in Michigan plunged nearly 16% in January compared with December as heavy snow, cold temperatures and fears of higher prices due to the new 24% wholesale cannabis tax kept consumers at home.

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While recent trends indicate a cooling period, a February report from Headset, a cannabis market intelligence firm, said the market — one of the largest in the country — has shown resilience over the last two years.

Below are the municipalities that received the most tax revenue:

  1. Detroit: $3.3 million
  2. Grand Rapids: $1.5 million
  3. Lansing: $1.4 million
  4. Ann Arbor: $1.2 million
  5. Kalamazoo: $1 million
  6. Flint: $648,000
  7. Traverse City, Hazel Park and Adrian all will receive $594,000.

For a full list of municipalities, counties and tribes that will receive marijuana tax revenue, go to www.michigan.gov/treasury.

Contact Adrienne Roberts: amroberts@freepress.com



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“Trustworthy” AI consortium focused on ethics, security launches in West Michigan

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“Trustworthy” AI consortium focused on ethics, security launches in West Michigan


Artificial intelligence is rapidly reshaping everything from classroom conversations to social media, and leaders at Grand Valley State University (GVSU) say West Michigan is positioning itself to help determine how the technology is used, responsibly.

The university’s College of Computing is launching the West Michigan Trustworthy Artificial Intelligence (AI) Consortium, aimed at helping businesses, researchers and the community better understand how to use artificial intelligence.

Right in the heart of Grand Rapids, along the Medical Mile, the consortium will meet at the Daniel and Pamella DeVos Center for Interprofessional Health (DCIH) every week, with quarterly meetings open to the general public.

The effort is aimed at helping West Michigan industries adopt AI that fits their specific needs, while problem-solving for security, bias, privacy, and ethical concerns.

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Right in the heart of Grand Rapids, along Medical Mile, the consortium will meet at the Daniel and Pamella DeVos Center for Interprofessional Health (DCIH) every week, with quarterly meetings open to the general public. (Abigail Taylor/WWMT)

Marouane Kessentini, Ph.D, Dean of the GVSU College of Computing told News Channel 3 that a wide range of companies in the region are bringing forward questions of where, and how, to ethically integrate artificial intelligence into their practices.

“Here in West Michigan, we have a high concentration of many industries, health, manufacturing, and of course high-tech companies,” said Kessentini. “The first questions are about security, privacy, ethics and bias. It’s not just about deploying tools. It’s about deploying them responsibly.”

Kessentini said the consortium will focus on training, research and community education, with a heavy emphasis on data privacy, cybersecurity and misinformation.

“There are many examples where AI systems were trained on data that wasn’t diverse,” he said. “That can lead to inaccurate results. That’s why testing and training are critical.”

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The consortium will bring together faculty researchers, students, and industry leaders, with weekly meetings planned to develop guidance for using AI at scale.

The goal is to help companies validate AI outputs, clean and manage data, and identify bias before systems are put into real-world use, especially in high-risk industries like healthcare and manufacturing.

Some projects will involve software design, others will focus on creating public data sets that are reliably sourced, but anonymized for safe use, and many more are yet to be ideated.

Some projects will involve software design, others will focus on creating public data sets that are reliably sourced, but anonymized for safe use, and many more are yet to be ideated. (Abigail Taylor/WWMT)

Some projects will involve software design, others will focus on creating public data sets that are reliably sourced, but anonymized for safe use, and many more are yet to be ideated. (Abigail Taylor/WWMT)

The initiative is backed by $1,031,000 in federal support, through the Community Project Funding (CPF) process, resources that U.S. Representative Hillary Scholten (D-MI-03) said she advocated for among members of congress in Washington.

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“West Michigan should be leading the way in how artificial intelligence is developed and used, and that starts with investing in people and institutions we trust,” said Rep. Scholten. “This funding will help GVSU bring together educators, industry, and public partners to build AI systems that are ethical, secure, and transparent while preparing students for good-paying jobs and strengthening our region’s economy. I’m proud to support this work and to continue delivering federal investments that ensure West Michigan remains at the forefront of responsible innovation.”

It’s important that AI is useful, but also safe…

GVSU also launched an online certificate portal that is open for community members interested in learning about ethical AI use, for free.

Kessentini said the training is for the general public to learn how to navigate the technology, including the risks and limitations.

“It’s important that AI is useful, but also safe,” said Edgar Cruz, master’s student with a badge in cybersecurity.

Cruz is currently researching how AI systems can be attacked or manipulated with poisoned data, specifically as it relates to vehicle-to-vehicle communication, where AI helps self-driving cars exchange information like speed and position.

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“We want to ensure that the system is robust and safe,” he said. “Because obviously people are involved.”

Kessentini said the consortium is designed to be a public resource, not just an academic project.

Quarterly community meetings will be open to the public, and training materials are available online through the College of Computing website.

“This is innovation with purpose,” he said. “We want to start here in Grand Rapids, but we want to make a global impact.”



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New Michigan O-line coach Jim Harding has one goal for spring practice

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New Michigan O-line coach Jim Harding has one goal for spring practice


Jim Harding, Michigan’s new offensive line coach, has one goal coming out of spring practice: he wants to have a set starting five plus a solid sixth lineman for good measure.

Michigan begins spring practice March 17 and concludes with the spring game on April 18.

Harding, appearing on the Michigan in-house podcast, “In the Trenches” hosted by Jon Jansen, joined new Michigan head coach Kyle Whittingham’s staff from Utah, where Whittingham was head coach the last 21 years. Harding spoke about a number of topics, including returning to the Midwest — he grew up in Maumee, Ohio, and his wife is from Farmington Hills — and his love for the Detroit Tigers, but most important was his discussion about building the Wolverines’ offensive line.

“I’d like to establish the starting five where you feel good that when you go into fall camp,” Harding said on the podcast that posted Wednesday. “Those are the guys that are working together immediately from Day 1.”

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Harding said he uses a sixth lineman — he terms that player the “rhino” — quite a bit and would like to have at least two ready to go. The Wolverines also need depth at center considering only Jake Guarnera has snapped in a game.

“And then just having that physicality, nastiness of the offensive line,” Harding said. “Just kind of develop that.”

Since arriving earlier this year at Michigan, Harding said he’s been impressed by the linemen and their desire to work hard on conditioning and developing their craft by asking questions and wanting feedback. They have gone to dinner as a group to get to know each other away from the facility, and Harding has enjoyed the process.

“The things that you can’t measure right now is our physicality or our toughness, things like that,” Harding said. “I’m confident that it won’t be an issue, but that’s kind of the next step once we get pads on, (finding out) who are kind of the Alpha dogs in the room that are going to set the tone for the unit, and then, obviously, the offense. But really pleased with what I’ve seen so far.”

Harding shared offensive coordinator Jason Beck’s approach to installing the offense.

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“The way (Beck) runs it, everything’s on the table Day 1 in practice,” Harding said on the podcast. “So we’ll get a script with, if you count red zone, probably 60 or so plays, and any play can be called. It’s really unique, and I’d never done it this way, but Coach Beck, actually calls it like he does in the game. There are no scripts, and so we’ll just move the ball down the field, and if it’s a third play and it’s third and 3, well he’s going to call a third-and-3 call.

“So you really have to have the kids prepared for all 60 of those. And then the next day there’ll be maybe different formations and things like that once we get the concepts down in the O-line room for the run game. Now it’s just a matter of dressing up different things. It’s a lot of stuff early on, because every run scheme we have could be called on that first day, every pass protection we have could be called on that first day. So it’s a front-loaded installation.”

achengelis@detroitnews.com

@chengelis



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