Martin: House Judiciary Committee approves plan protecting private property rights

The Michigan House Judiciary Committee today approved state Rep. David Martin’s plan to strengthen protections for private property owners by preventing law enforcement and state agencies from relying on the “open fields” doctrine to conduct searches of private land.

House Bill 6128 would establish in state law that the open fields doctrine does not apply to searches conducted by law enforcement officers or employees, officers or agents of state agencies.

“The government shouldn’t get a free pass to wander onto your land and search it just because there isn’t a house sitting on that particular piece of ground,” said Martin. “Private property is private property. If the government wants to conduct a search, it should have to respect your constitutionally protected rights.”

Michigan’s Constitution protects a person’s “possessions” from unreasonable searches and seizures. Martin said his legislation makes clear that those protections extend to private land and that state officials cannot rely on the federal open fields doctrine to bypass them.

The issue has been a particular concern for rural property owners, hunters and farmers. Martin has previously worked on legislation addressing warrantless entry onto private property by state natural resources and environmental officials.

“A ‘No Trespassing’ sign shouldn’t mean everyone stay out except the government,” Martin said. “Your land is your property, and your rights don’t end at your front door.”

House Bill 6128 now advances to the House floor for consideration.

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