UP Gazette

State Representative Dave Prestin has led the Michigan House in passing legislation that would require the Department of Natural Resources (DNR) to obtain a search warrant before entering private property. The bill, which received bipartisan support, aims to prevent what Prestin describes as repeated unauthorized trespassing by DNR officers.

Prestin criticized current DNR practices, stating: "The DNR insists that they only enter with probable cause, but that is just a flat-out lie. They never bother to explain to anyone what their 'probable cause' was, because in most instances, it came from an anonymous 1-800 tip line that serves as a convenient method for conservation officers to weaponize neighbor and land disputes. The experiences my constituents share often have common themes, like the DNR hopping your fence, cutting your lock, placing surveillance cameras, and walking 60 to 80 acres onto your land despite 'no trespassing' signs, with no warrant, no permission, and most often without you even knowing that they were there."

He described several incidents reported by community members. These included conservation officers entering private land after hearing gunshots or harassing hunters over bait containers at property edges. Other examples involved plainclothes officers repeatedly accessing private property without notification or charges being filed and cutting locks without compensating owners for damages. In one instance, an officer called a hunter out of his blind on opening day just to check his license.

Prestin also raised concerns about repercussions for those who speak out against the department: "When people get the courage to stand up to the department and speak out against them, the department issues a warrant for their arrest. As law-abiding sportsmen and women take to the woods to enjoy their time in the field, too many will be needlessly harassed on their own property. I can promise you that somewhere over the course of the next few weeks, that some hunter is going to be harassed because of a bait pile on their property that was left behind by a trespasser. And the property owner, not the trespasser, will get the ticket."

While other law enforcement agencies generally require probable cause or a search warrant before entering private land in Michigan, Prestin argues that DNR uses what he calls a constitutional loophole—the 'Open Fields Doctrine'—to justify access without permission or warrants.

Under Prestin’s proposal, conservation officers would still be able to enter private property without a warrant under certain conditions such as obtaining permission from owners, exigent circumstances, or when evidence of crime is visible from outside.

"This bill simply requires the department to put it on paper: Knock on the door or get a warrant," said Prestin. "The DNR will still be able to protect our public resources without infringing on the rights of the public. They should observe the same best practices as every other law enforcement agency in our state."

The legislation now advances to consideration in Michigan's state Senate.