LANSING, Mich. (WZMQ) – New legislation could partially close Michigan’s open fields doctrine. Two U.P. lawmakers introduced a set of bills that will add more regulations for conservation officers.
the open fields doctrine covers privately owned open fields, forests, or more broadly the area immediately surrounding the home. The exemption allows certain state officials permission to enter privately owned land without a warrant. Upper Peninsula representatives, Dave Prestin (R-Cedar River) and Greg Markkanen (R-Hancock) have re-introduced bills to tighten up those regulations.
“It’s the person’s land, there should be some rights to ownership as far as no trespassing, especially regarding law enforcement, especially if you’re not doing anything wrong,” Prestin said. “When you’re talking about private lands, if there’s a property that you want to go on to and you want to search if they go out and get a search warrant, just like law enforcement does for basically anything else.”
The bill would make it so that officials like DNR conservation officers will be required to get warrants to enter private land. It includes carve-outs for emergent situations like reports of active crimes or a person of interest pursuit. A second bill would also add requirements for DNR officers to wear body cameras.
Both bills have been referred to the House Committee for Natural Resources and Tourism. Prestin said they expect to hold a hearing next month.
