LANSING, Mich. (Michigan News Source) – Hunters and landowners who’ve grown tired of unexpected guests in green uniforms just got a legislative assist. State Rep. Dave Prestin (R-Cedar River) successfully pushed through a House plan last week that would require Michigan Department of Natural Resources (DNR) conservation officers to get a search warrant before snooping around on private land.
House Bills 4073 and 4421 each passed 63–37 on Tuesday, Nov. 4, with bipartisan support, suggesting that while lawmakers may disagree on roads and taxes, they appear to agree that cutting a property owner’s lock to peek at bear bait is not a good thing.
“Probable cause” or “we felt like it”?
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Prestin didn’t mince words in his press release, accusing the DNR of stretching the Constitution like old fishing line. He says officers have routinely wandered past no trespassing signs, set up cameras, and poked around blinds without notice – often based on anonymous hotline tips.
“When people get the courage to stand up to the department, the department issues a warrant for their arrest,” Prestin said.
Closing the “Open Fields” loophole.
The bill reins in the so-called Open Fields Doctrine – a legal workaround that has allowed the DNR to access private land without permission. Under Prestin’s plan: Option A: Knock on the door or Option B: Get a warrant. The legislation still allows for entry with exigent circumstances or if a crime is in plain view.
Environmental regulators warn the bill could slow inspections and emergency response.
The legislation also applies to the Department of Environment, Great Lakes and Energy (EGLE). Dale George, EGLE spokesperson, told M-Live that the legislation would “significantly hinder EGLE’s ability to fulfill the core responsibilities it is mandated to complete by Michigan law. This includes conducting regulatory inspections and responding promptly to environmental emergencies. The bill also puts at risk the State of Michigan’s ability to implement federal environmental programs.”
Next stop: Senate
The proposal now heads to the Democratic-controlled Senate, where lawmakers will decide whether Michiganders will get peace of mind – or more surprise visitors in camo.
