DNR officers would need warrant or permission before entering private property

State Rep. David Martin and the House Natural Resources and Tourism Committee this week approved two measures strengthening private property rights and updating outdated enforcement practices within state agencies.

House Bills 4073 and 4421 ensure that agents of the Department of Natural Resources (DNR) and the Department of Environment, Great Lakes, and Energy (EGLE) are required to obtain a warrant or consent from the property owner before entering private property. The legislation also clarifies that the “open fields doctrine” does not apply to searches by these agencies.

“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.”

The open fields doctrine, Martin noted, came from federal cases involving alcohol stills during Prohibition and later illegal marijuana grows — not Michigan’s wildlife or environmental management practices. He said there is no reason for Michigan agencies to rely on a federal doctrine that weakens private property protections when our own constitution already sets a higher bar.

“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,” said Martin, who chairs the Natural Resources Committee. “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 includes commonsense exceptions, allowing officers to enter without a warrant when they have permission, are in hot pursuit, need to protect life or property, are witnessing a crime, or must act 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 measures now move to the full House for further consideration.