Genesee News

State Representative David Martin and the House Natural Resources and Tourism Committee have advanced two bills aimed at reinforcing private property rights in Michigan. The proposed legislation, House Bills 4073 and 4421, would require officers from the Department of Natural Resources (DNR) and the Department of Environment, Great Lakes, and Energy (EGLE) to obtain either a warrant or consent from property owners before entering private land.

The bills also clarify that the "open fields doctrine," which allows law enforcement to search open land without a warrant under federal law, does not apply to these state agencies in Michigan. According to Martin, this doctrine originated from federal cases during Prohibition and later drug enforcement efforts, not from Michigan’s wildlife or environmental management needs.

“State agencies don’t operate solely under the federal constitution — they operate under Michigan’s constitution, which in fact offers even stronger protections for property owners,” Martin said. “Our constitution specifically protects not only people and homes, but also their possessions. That includes land. That means private property is not open territory for state agents to wander through without cause.”

Martin emphasized that there is no justification for state agencies to use a federal standard that he says undermines protections already present in Michigan's own laws. He stated: “Just because most private property lies outside a home’s immediate area doesn’t mean it’s free and open for state agents to intrude upon. If a conservation officer or an EGLE inspector suspects criminal activity, they can do what every other law enforcement agency in Michigan does: go get a warrant. That’s how we preserve constitutional rights and maintain public trust.”

The legislation provides exceptions allowing officers to enter private property without a warrant if they have permission from the owner, are pursuing someone suspected of committing a crime (“hot pursuit”), need to protect life or property, witness a crime occurring, or must act quickly to preserve evidence.

“These updates don’t weaken conservation or environmental enforcement, they simply bring them in line with constitutional standards,” Martin said. “We can protect natural resources while still respecting the fundamental rights of Michigan property owners.”

Both bills will now be considered by the full House.