State Rep. Ken Borton this week supported legislation to ensure the Michigan Department of Natural Resources (DNR) cannot flagrantly trespass onto private property, ensuring they must first obtain a search warrant before entering private property. The plan passed the House with bipartisan support.

“No other law enforcement agency in the state twists law to grant themselves permission to violate our constitution and trespass onto private property,” said Borton, R-Gaylord. “The truth is, no other law enforcement agency has such a bloated idea of self-importance that they would ever commit these clear violations of our constitution. With the passage of this plan, we’re ensuring the DNR cannot hold themselves above our constitution and must follow the same rules as everyone else: get a warrant or get off our property.”

Other law enforcement agencies in the state typically only enter private property with probable cause or a search warrant. However, the DNR abuses a constitutional loophole known as the ‘Open Fields Doctrine,’ which they claim permits them to access private property without permission or a warrant.

The plan would require the DNR to obtain a search warrant before accessing private property, ending a decades-old practice of the DNR entering first and asking questions later. There are exceptions to the new warrant requirement, as there are for every other law enforcement agency when it comes to private property. For example, conservation officers will not need a warrant if they get permission to enter, if there are exigent circumstances, or if they see evidence of a crime in plain view.

The plan now moves to the state Senate for further consideration.

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