Legislation advanced by the Michigan House would require the Michigan Department of Natural Resources to get a search warrant before entering private property — an action that drew sharp criticism from Republican state Rep. Dave Prestin of Cedar River, who accused the department of routinely setting foot on land without permission.
“The department insists that they only enter with probable cause, but that is just a flat-out lie,” Prestin said Tuesday. “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.”
Prestin said his office has received complaints that conservation officers have trespassed on private property by cutting locks, placing surveillance cameras and walking “60 to 80 acres” onto land despite “no trespassing” signs — often without the owners’ knowledge and without a warrant. He also described incidents in which officers allegedly approached hunters prior to opening day or questioned them about baiting operations after being tipped off by neighbors.
“Too many will be needlessly harassed on their own property,” Prestin said. “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.”
The DNR would still be allowed to enter private property without a warrant under the bill if the owner gives permission, if there are exigent circumstances, or if evidence of a crime is plainly visible – just like other law enforcement agencies in the state. But the measure would formally require the department to knock on the door or obtain a warrant even in cases where it claims “open fields” doctrine jurisdiction.
The bill now heads to the state Senate for consideration.
