Capitol News

State Representative Dave Prestin has announced that the Michigan House of Representatives has approved his bill to restrict the Michigan Department of Natural Resources (DNR) from entering private property without a search warrant. The legislation received support from both parties.

Prestin, a Republican from Cedar River, criticized current DNR practices, stating: "The DNR insists that they only enter with probable cause, but that is just a flat-out lie," Prestin said. "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 cited several complaints from residents about DNR officers entering private lands without notification or proper authorization. Examples included conservation officers responding to gunshots by wandering onto private property, confronting hunters over bait containers at property edges, wearing plain clothes while repeatedly entering land without informing owners or filing charges, cutting locks for access without compensating for damages, and calling hunters out of blinds before shooting time during opening day license checks.

"When people get the courage to stand up to the department and speak out against them, the department issues a warrant for their arrest," Prestin said. "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."

According to Prestin, other law enforcement agencies in Michigan generally require probable cause or a search warrant before accessing private land. However, he argued that DNR officials have used what is known as the ‘Open Fields Doctrine’ as justification for entering private properties without consent or warrants.

Under Prestin’s proposal now moving forward in the Senate, DNR conservation officers would be required to obtain search warrants prior to accessing private land except under specific circumstances—such as when they receive permission from property owners; face exigent situations; or observe evidence of crimes in plain sight.

"This bill simply requires the department to put it on paper: Knock on the door or get a warrant," Prestin said. "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 bill awaits further review in the state Senate.