David Martin is raising hell in Michigan, determined to curtail the power claimed by government officials to enter private land without restrictions and surveil at will.
Martin, a landowner and 68th District representative in Michigan, hopes to end adherence to the Open Fields doctrine that gives conservation officers open access to private property.
“Open Fields is an abuse of liberty and we want it to stop in Michigan. It’s the 250th anniversary of the American Revolution and our forefathers would be disgusted to see how much government control the state has over private land. Enough.”
Co-sponsor of two bills blocking unfettered access for Department of Natural Resources (DNR) game wardens on private acreage, Martin’s legislative fight is echoed by pending Open Fields lawsuits around the U.S. in Alabama, Louisiana, Pennsylvania, and Virginia.
“At a basic level,” Martin emphasizes, “when people find out about Open Fields, they know it’s wrong.”
Without Reason
Open Fields ranks among the most consequential of all government powers. The doctrine stems from two Supreme Court decisions in 1924 (Hester) and 1984 (Oliver), giving federal officials permission to enter private land with no limits on frequency, duration, or scope. Essentially, the government can access any acreage without warrant or probable cause, excluding a personal residence and immediate yard/lawn/curtilage. Open Fields asserts that on private land, the Bill of Rights’ Fourth Amendment protections from search and seizure do not exist.
However, Martin contends the Michigan State Constitution provides protection from Open Fields, at least at the state level. House bills 4073 and 4421 require probable cause or a warrant for any DNR agent seeking access to private land without owner permission.
“It’s past time for people to remember who we are as Americans. I’m not going to capitulate to excuses or the latest trends in legal thought. Open Fields is fundamentally wrong and bad law, but in Michigan we are protected by our state constitution. No private property owner should be subject to the presence of government officials on their private land without reason. I own 40 acres and the last thing I expect is to turn around and see a game warden unannounced. That’s crazy.”
Get a Warrant
Removal of Open Fields powers would impede DNR, says Jason Haines, chief of the DNR’s Law Enforcement Division.
“We oppose the bills (4073 and 4421) in their current form which would significantly hinder efforts to protect Michigan’s natural resources and environment on private lands in Michigan,” he explains. “These resources are held in the public trust for the benefit of all, and the DNR is charged with the responsibility of protecting those resources. The Open Fields doctrine says that acreage outside the curtilage of a private residence does not have the same Fourth Amendment protections like persons, houses, papers, and effects.”
“Also, wildlife and fish don’t respect private land boundaries,” Haines continues. “No individual owns the wildlife that happens to be on their property at the time. These are public resources.”
Despite citing Open Fields, Haines contends DNR entries on private land must include reasonable suspicion or probable cause. “In Michigan we require every officer to document their justification for entering private land. We also don’t put up trail cameras on private property without a court issued warrant.”
However, Martin’s bills would establish probable cause as a baseline for state entries onto private property. “DNR should be subject to the exact same bar as our regular law enforcement,” Martin says. “Our bills allow the state entry onto private land when in pursuit of criminals or something nefarious. That should be fairly rare and fairly obvious. It should be simple: If someone is doing something illegal on private land—get a warrant.”
Reasonable Limits
Including Michigan, how much nationwide private acreage is subject to Open Fields? At least 1.12 billion acres, estimates Institute for Justice.
Since 2020, lawsuits challenging Open Fields at the state level have been successfully litigated in Tennessee (game wardens in Tennessee must now obtain a warrant before entering privately marked land), and are ongoing in Alabama, Pennsylvania, Virginia, and Louisiana.
According to the Supreme Court, federal officials from USDA, DOJ, FBI, Interior, Treasury, FWS, EPA, Bureau of Land Management, Corps of Engineers, and other departments or agencies all possess the power the enter and surveil private land without restriction.
In Michigan, Martin wants to draw a line. “I swore an oath to uphold the Michigan Constitution, and I will do so. The Michigan Constitution, Article I, Section 11, protects all our possessions, including land. The U.S. Supreme Court has taken the wrong view of the Fourth Amendment, but we’re still protected here by our state constitution.”
How does the public in Michigan view Martin’s bills? “We’ve had overwhelming support, and we even hear from people out of state supporting us,” he notes.
Bills 4073 and 4421 passed the Michigan House on Nov. 4, 2025, with a 63-37 vote, with all 56 Republicans in support, along with seven Democrats. Next up, the Democrat-controlled Senate.
“The DNR has far too much latitude on private property,” Martin concludes. “It’s time to recognize reasonable limits in law.”