Natural resources: other; circumstances under which a conservation officer may enter private property; limit. Amends sec. 1602 of 1994 PA 451 (MCL 324.1602) & adds sec. 1507.
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill clarifies the circumstances under which a Michigan conservation officer can enter private property. Generally, an officer may only enter without a warrant if the property owner authorizes it, a warrant exists, to kill distressed wildlife observed on the property, or in response to an emergency. It also outlines the department’s authority to investigate and prosecute violations of natural resources laws, including the ability to search property without a warrant under certain circumstances.
Key provisions
- Conservation officers can only enter private property with authorization from the owner, a warrant, to kill distressed wildlife, or during an emergency.
- The department has the authority to file complaints and prosecute violations of natural resources laws.
- Officers can search boats, vehicles, and other receptacles for evidence of violations without a warrant, except for dwellings.
- The department can seize property related to violations of natural resources laws.
- A magistrate can issue a warrant for a search if there is probable cause to believe property related to violations is being stored or concealed.
- The definition of ‘probable cause’ is provided, requiring facts that would lead a reasonable person to believe a law was being violated.
Who is affected
- Conservation Officers
- Private Property Owners
- Individuals involved in violations of natural resources laws
Bill text
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Document of record
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- Senate Introduced Bill
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