State Rep. Dave Prestin on Wednesday testified before the House Natural Resources and Tourism Committee in support of his plan to modernize policies for conservation officers (COs) – the police force within the Department of Natural Resources (DNR).

House Bills 4073 and 4074 update warrant requirements for the department, requiring conservation officers to obtain a search warrant before entering private property. The plan also requires COs to utilize body-worn cameras, like other law enforcement officers in Michigan.

 “The DNR still utilizes several outdated rules and policies, including the Open Fields Doctrine, that create dangerous situations for DNR officers and the public,” said Prestin, R-Cedar River. “Most people who have hunted on private land have a story about COs coming onto their land over minuscule issues, like not wearing enough orange or simply hearing a gunshot. Conservation officers shouldn’t be permitted to bypass locked gates by driving into fields or walk miles onto private property on nothing more than a hunch.”

Other law enforcement agencies typically can only enter private property with probable cause or a search warrant. Prestin’s bill would require the DNR to obtain a search warrant before accessing private property. Like other law enforcement agencies, the new DNR rule would have exceptions. For example, COs will not need a warrant with permission to enter, when in hot pursuit of a suspect, to protect life and property, when in witness of a crime, or to preserve evidence.

“This bill is not designed to unnecessarily restrict the duties of COs; it’s designed to find balance,” Prestin said during committee testimony. “We can and should balance the responsibilities of our COs with the privacy rights of our citizens to prevent abuses of power by bad actors. This is about bringing COs in line with the best practices of law enforcement agencies from around the state.”

Prestin was joined by state Rep. Greg Markkanen, R-Hancock, for committee testimony. Markkanen sponsored HB 4074, the other half of the DNR modernization plan, requiring COs to wear body-worn cameras. Markkanen’s plan would give COs the same protections from meritless abuse of power allegations that are afforded to other law enforcement officers.

The DNR modernization plan remains in the House Natural Resources and Tourism Committee, awaiting a potential vote.

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