LANSING, Mich. (Michigan News Source) – A Michigan lawmaker wants to make one thing clear to state government officials: Just because you don’t see a house doesn’t mean you’re welcome to wander onto someone’s property.

State Rep. David Martin, R-Davison, is advancing legislation that would prohibit law enforcement and state agencies from using the federal “open fields” doctrine to conduct warrantless searches of private land. House Bill 6128 cleared the House Judiciary Committee on Wednesday.

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In a recent press release, Martin said, “The government shouldn’t get a free pass to wander onto your land and search it just because there isn’t a house sitting on that particular piece of ground. Private property is private property. If the government wants to conduct a search, it should have to respect your constitutionally protected rights.”

Closing the Open Fields Loophole

Under the federal open fields doctrine, authorities can generally search open land without a warrant, even when that property is privately owned or marked with no-trespassing signs.

Warrantless Searches Have Sparked Legal Challenges

Concerns over warrantless searches by Michigan environmental and conservation officials have grown in recent years, including in 2025, when Newaygo County property owners Dennis and Daynelle Vanderlaan sued after a Michigan Department of Natural Resources (DNR) conservation officer entered their private hunting property to investigate a complaint from a neighbor involving alleged hunter harassment. The DNR has been at the center of many of these kinds of disputes, particularly cases involving conservation officers entering private property without a warrant.

These conflicts have helped fuel calls in Lansing to put clearer limits on when government officials can enter private property without a warrant. Martin’s legislation would prohibit Michigan law enforcement officers and state agency personnel from relying on that doctrine. The issue is particularly relevant to rural property owners, farmers and hunters, whose land may extend well beyond their homes.

Even Michigan rocker and outspoken hunting advocate Ted Nugent weighed in on the debate over DNR policies, testifying before a state House committee in June 2025. Calling for changes to Michigan’s hunting and conservation laws, Nugent criticized what he described as government overreach involving private property and hunting rights. Nugent said, “These atrocities and abuses of powers are so widespread. The DNR and the NRC (Natural Resources Commission) are the enemies of conservation in Michigan.”

Your Property, Your Rights

In his press release, Martin argues that Michigan’s constitutional protections against unreasonable searches and seizures should extend to privately owned land, not just homes.