Outdoor horoscopes for the week of May 12 to May 18, 2025
Staff Reports
May 12, 2025
Commentary: Michigan House Bill 4073 would handcuff conservation officers
Editor’s note: Bill Murphy wrote this commentary on behalf of the Michigan Resource Stewards.
House Bill 4073 is a bad idea, which would have severe implications for Michigan’s natural resources.
The bill requires that conservation officers obtain search warrants to enter private lands. The bill’s sponsor justifies this draconian requirement with a statement that seems to make perfect sense: “…balance the responsibilities of our conservation officers with the privacy rights of our citizens to prevent abuses of power from individual bad actors, and really just to protect our private property rights.”
This rationale is flawed from both a legal and scientific perspective by eliminating lawful authority that all enforcement officers have had for a century, and by severely weakening the state’s fundamental ability to protect the public trust.
The state holds in trust the public’s ownership and wise use of the water, wildlife, and fisheries. These public resources are mobile and do not recognize man-made boundaries. They belong to the public and observance to the laws that protect these resources applies on all lands.
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The DNR has been given the responsibility to protect natural resources on behalf of all 10 million Michigan residents, who are equal owners of those resources.
The Michigan Constitution attaches “paramount concern” status on our natural resources.
The Constitution and statutes don’t differentiate between private and public lands – the state must protect the public trust on all lands and waters. Conservation officers, the only law enforcement agency targeted by HB 4073, are the officials primarily responsible for ensuring that Michigan’s resources are protected.
It is on privately held lands that many violations are likely to occur due to its isolation from the public. Many users observe what is happening on public lands, but there are no witnesses to report violations on private property. Resource protection laws must be enforced on private lands or they are meaningless.
Most criminal prosecutions largely are supported by evidence obtained under exceptions to the search warrant requirement; in the case of conservation law enforcement the Open Fields doctrine has long applied. The Supreme Court, dating back 100 years, has ruled there is no expectation of privacy in open spaces such as fields or forests.
When considering protection of natural resources and the environment it is critical that conservation officers continue to have access to all lands to do their job of resource protection. Requiring an officer to obtain a warrant for entry onto private lands for investigative purposes or response to a tip would virtually eliminate the ability of the state to protect public resources on the majority of Michigan’s lands.
Seventy-eight percent of Michigan is privately owned. If the public’s resources could not be protected on these lands, the impact would be catastrophic.
The Michigan Resource Stewards, an organization of resource professionals that has fought to protect Michigan’s resources and environment for nearly 30 years, strongly opposes HB 4073. Simply stated, the bill’s underlying premise is legally wrong, completely unnecessary, and its passage is a direct threat to Michigan’s proud history of resource management.
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43 thoughts on “Commentary: Michigan House Bill 4073 would handcuff conservation officers”
The DNR should be no different than Police officers. You want to go on private land then you need to go get a search warrant period. The DNR has had way to much power to be trespassing on private property. The new bill is a great idea.
I agree with Ryan 100 percent. This law is a great idea. DNR should not be trespassing on private land without a warrant. And no it’s not gonna make the DNR useless. There’s 1000’s of acres of state land for them to monitor
As an avid Hunter seems to me the ones who are for the law although it may be a good idea are the ones who are trying to hide something on their property.
Dave, just because I do not want people/officers entering my property without permission/warrant does not mean I am violating any law. That is precisely why this bill is important. Too many times the rights of private property owners have been trampled by unsavory characters in conservation departments across the country.
This is akin to any police officer walking into your home without cause or warrant to simply look for violations of any law. While you and I may not violate the laws, it would be unacceptable for me to be forced to allow this violation/interruptions of my private property.
One quick example from upper Michigan. Allegedly, a local police officer wanted to shoot a large buck that frequented the area around his property. Utilizing help from a local CO, they interrupted the hunts of others in the area in an attempt to keep the buck alive. Unsavory characters!
I 2nd that! Thanks Dave.
“Allegedly”… In other words a story I made up.
I am also an avid hunter, it’s not about hiding anything it’s the right too own your own property which I have a considerable amount. My land is properly posted. I don’t know how many rights you want too give up but I am 100% for this too be passed! I pay my taxes I bought my land. What gives any one the right just too freely walk onto my property regardless if someone is doing wrong or right, thier has too be a process in place that not every Ron,Dick and Harry in a green uniform can just come and go on private property. Not too mention do you! Realize the amount of scams present today? So you just let anyone in a green uniform look around you property. What if thier just casing the joint? Think about it then manage 200 acres and a 90 acre lake THINK ABOUT IT!
Hey Dave, let’s say you own private land. I’m a neighbor that has it out for you…I call RAP line that you were shooting last nite and were wondering around with lights at nite…Would you feel same way? Just curious
Lolol, so if you get mugged in a Walmart parking lot (private property) the cops should get a warrant before they respond to your call?
The DNR has no right to enter anyone’s property without probable cause. I have seen DNR officers walking on my property multiple times. We continue to lose more of our freedoms every day.
Pretty sure police and general public are allowed on walmart property……..I never have requested written permission to enter walmart……so am I trespassing each time I go…….if so why don’t I get arrested?
Actually it is private property. That is why you can be trespassed.
Walmart is a publicly accessible establishment, you’re making yourself look ignorant with statements like that.
Absolutely 💯 a warrant should be presented before entry period. The officers are equal to Michigan State police and they need a Warrant to enter for a search . Far to long the abuse across the country by officers needs to stop .
Exactly!
AGREED
What about private hunting / fishing lands developed and stocked by the owner. Just a question
The constitution recognizes private property. Just because of trickery of words
Doesn’t make it right. The state of Michigan, and there dnr have violated individual rights for years. It’s time too make this right.
Yes!! Absolutely 100%
It’s draconian to let government be draconian? If a police officer needs a warrant so does a DNR officer. Who ever wrote this is is nothing more than a big government mouth piece.
I wholeheartedly agree!
Correct private land is just that! Most would comply if asked. No need for 4073.
I believe that if your baiting deer to stay on your property is dead ass wrong and as private home should not be aloud to do it prevents deer from migrating in to other areas just as if clear a ten acre woods that deer travel threw well then deer herd up in other areas that creates a bigger problem for motorist as I have witnessed first hand so yeah shouldn’t need warrant period
I agree with Ryan and Brad 100%.
This is a great bill and needs to be passed. DNR in enforcing law on private land should be no different than any other peace officer. Absolutely imperative in our nation to get a warrant. DNR have plenty of public lands to monitor, and most conservation officers will tell you, their investigative techniques most often negate any need to go onto private land without a warrant.
If all of the people of Michigan are equal owners of the resources, maybe they should pay an equal amount of property taxes.
So those darn constitutional guarantees getting in the governments way. Who’d of thunk it. You mean they aren’t free to trespass and trample your private property rights? What an outrage. Maybe Bill, the author wouldn’t mind giving these tyrants more free reign but I don’t want my rights violated again and again. There’s a reason we say DNR stands for Damn Near Russia
It stand for Do Nothing Right
Yes, do a proper investigation and get a warrant. I’m all for prosecuting poachers.
Nonsense. Police have to follow normal constitutional search and seizure laws. COs should do the same.
I totally agree. The citizens of Michigan have the right to expect to have their fourth amendment rights upheld. The Michigan DNR has a hard job to do just like our police officers on the street do. But they must be held to the same standard when it comes to our rights.
Think that’s a little wrong. What if someone is poaching on your land?????? Then WTF??????
If someone was poaching on your land, you could and should contact the MDNR. You would then give them permission to pursue a probable cause investigation. I’m not an expert but I believe no warrant would be necessary at that point.
What this bill proposes is that CO’s could not enter your property without permission/warrant. I support the bill because it does not allow the violation of our 4th amendment rights which have been trampled by unsavory characters in conservation law across the country.
From my understanding, they would only need a warrant if they do not get the land owner or leaser permission to enter the property. They would also still be able to enter private property if they are chasing someone or if there is a treat or someone is hurt. Basically, leveling their power to every other officer that carries a gun.
There is also another bill that would require them to wear body cameras as other officers do in the state.
I personally don’t see anything wrong with either bill. I just personally like knowing who’s on my land so that my animals, dogs & family are safe.
If an active violent crime is in progress, no warrant is necessary……I would say an armed individual firing a weapon on/at your property is violent
This bill has as much chance of passing as you have of bagging a 40 point buck with a slingshot.
The d and r are no different than the police , they should need a search warrant to walk on anybody private property . We’re losing more and more of our rights every single day, and for a d n r officer to be able to come on my land without probable, cause it’s not right. Just like the police have to have probable cause to search your car when and if they stop you, to a dnr officer, the land is the car in the same thing of a search. I believe this bill is about time like this needs to be passed to protect the everyday man and his private property.
Illegal baiting is rampant on private property. CWD, TB, are real, and will destroy our opportunity to have a successful hunt anywhere. Those who break the law are primarily those who want this type of law to pass.
When you bought your land, you accepted the property tax. Wildlife knows no property line. Money and privilege (along with lots of “penis envy”) destroy the opportunity to hunt, fish, and view wildlife for all taxpayers. And… the pay to play direction hunting has taken in my lifetime is why we no longer sell enough hunting and fishing licenses to pay for enough field officers to do the difficult job they do.
If you want to cheat because you’ve got land??? Face the consequences like everyone else.
Many times the local drug enforcement teams have used DNR officers to “find illegal fish in freezers” in local drug houses while it is effective it is not the correct way to go, once the co officers were in the residence they would see the paraphernalia and then be able to have probable cause to invite the enforcement teams in Kalamazoo County, effective yes, quick yes, abuse of power probably
While I sympathize with the tough job the DNR has in safeguarding wildlife, it is totally bunk that they can place trail cameras to continuously monitor me on my own property and I can’t touch their cameras. Let me stick 20 cell cams around the COs house and see his reaction, I’ll bet it’s not positive. Their abuse of the open fields doctrine is blatant because no one at the time that decision was made envisioned 24/7 monitoring with cameras. Also how is someone supposed to know that a DNR officer isn’t a poacher on their land? And if I’m trying to deer hunt a property I definitely don’t want a random person leaving scent everywhere. There are simply too many negative aspects to this for me to say that the DNR need this power.
This bill in the mind of the most reasonable person, has very sound and legal basis and should become law. Warrants need to be issued for collection of evidence of a alleged criminal activity and intent unless witnessed during the commission of stated incident(s) by duly sworn officer(s).
Sworn affidavits of non-law enforcement witnesses, Socal Media posting(s) , trail camera footage, as well as drone and aerial photos may be used in pondering of evidence to justify farther investigation of allegations. …..
I think it funny in the article it says this bill will prevent the DNR from protecting are public resource. But that’s completely false it would only prevent them from private lands which they can still search with warrants or permission. They’ll still have all access to public land and resources
What about private hunting / fishing lands developed and stocked by the owner. Just a question
DNR in Lake county has abused their power left and right in many cases. My family would know since they have harassed us and tried to get us to sell our land to the state for the past 20 years since we are the last family that hasn’t sold our property back to the state. It’s strange to me that they have the audacity to drive up the driveway get out like they own your property and harrass you over trivial bs.