Capitol News

State Representative Ken Borton has voiced his support for legislation that would prevent the Michigan Department of Natural Resources (DNR) from entering private property without a search warrant. The proposal, which received bipartisan backing in the House, aims to align DNR practices with those of other law enforcement agencies.

“No other law enforcement agency in the state twists law to grant themselves permission to violate our constitution and trespass onto private property,” said Borton, R-Gaylord. “The truth is, no other law enforcement agency has such a bloated idea of self-importance that they would ever commit these clear violations of our constitution. With the passage of this plan, we’re ensuring the DNR cannot hold themselves above our constitution and must follow the same rules as everyone else: get a warrant or get off our property.”

Currently, most law enforcement agencies in Michigan require probable cause or a search warrant before entering private land. The DNR, however, has relied on what is known as the ‘Open Fields Doctrine’—a legal principle that allows certain officials to access private land without a warrant or owner’s permission.

Under the new plan approved by the House, the DNR would be required to obtain a search warrant prior to accessing private property. This measure would put an end to longstanding practices allowing officers to enter first and ask questions later. Exceptions will remain for cases where officers have consent from property owners, face urgent circumstances, or observe evidence of criminal activity in plain view.

The legislation now advances to the state Senate for further review.