LANSING — State Rep. Dave Prestin, R-Cedar River, announced Tuesday that his legislation to stop the Michigan Department of Natural Resources (DNR) from trespassing on private property without a warrant has passed the House with bipartisan support.
The plan would require DNR conservation officers to obtain a search warrant before entering private land, except in cases where they have permission, see evidence of a crime in plain view, or face exigent circumstances — the same standard followed by most other law enforcement agencies in the state.
Prestin said the change is needed to protect landowners from what he described as years of DNR overreach.
“The DNR insists that they only enter with probable cause, but that is just a flat-out lie,” Prestin said. “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.”
The Cedar River lawmaker said he’s heard numerous complaints from residents about conservation officers “hopping fences, cutting locks, placing surveillance cameras, and walking 60 to 80 acres onto land” despite posted “no trespassing” signs.
Prestin shared examples of alleged incidents, including officers entering property after hearing gunshots, harassing hunters over bait containers, and cutting locks to gain access without notifying landowners or paying for damages.
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“When people get the courage to stand up to the department and speak out against them, the department issues a warrant for their arrest,” Prestin added. “Too many hunters and property owners are being harassed on their own land.”
The DNR has long cited the “Open Fields Doctrine” — a legal precedent allowing limited entry onto private land without a warrant — as justification for its actions. Prestin’s plan would effectively close that loophole in Michigan, aligning DNR procedures with other state law enforcement agencies.
“This bill simply requires the department to put it on paper: Knock on the door or get a warrant,” Prestin said. “The DNR will still be able to protect our public resources without infringing on the rights of the public.”
The legislation now heads to the state Senate for consideration.
