Michigan bill would require DNR conservation officers to obtain a warrant before entering private land

Representative Preston reintroduced House Bill 4073, which would require Department of Natural Resources conservation officers to obtain a warrant before entering private property, with exceptions for owner consent, hot pursuit, exigent circumstances or actions to prevent destruction or concealment of evidence.

The bill’s sponsor said the measure aims to balance privacy and enforcement. “The bill would require DNR conservation officers to obtain a warrant before entering private property,” Representative Preston told the committee. He said the open‑fields doctrine is “controversial” and that curtilage can be unclear, leading to disagreements about where officers may lawfully enter.

Why it matters: supporters say the change would protect private‑property rights and reduce the risk of abuse, while opponents — including DNR leadership — warned it could impede enforcement of natural‑resource laws on privately owned land and create operational burdens.

DNR Chief Jason Haines urged caution. “The open fields doctrine was established in Hester versus United States in 1924,” Haines said, and the doctrine was reaffirmed by the U.S. Supreme Court in United States v. Dunn (1987). He told the committee the bill “goes far beyond the open fields doctrine” and, under a strict reading, could prevent…