Open Fields Doctrine in Michigan
BY Herschel Smith
1 hour, 16 minutes ago
NEWAYGO COUNTY, MI – A couple deer hunting in a blind on private property are suing after a conservation officer interrupted their firearms opener.
They contend that the state Department of Natural Resources officer had no legal justification to enter their property, from adjacent private land, to check their hunting licenses – and potentially scared off deer in the process.
They said the conservation officer, Cameron Wright, trespassed on their property.
In general I understand the value of wildlife biologists monitoring herd size and setting tag limits in light of irresponsible hunters. There are a lot of irresponsible hunters out there.
But as I’ve stated before, the price for this value added is way too high. The open fields doctrine is clearly trespassing and we will follow this as best as I’m able to see how it ends up. A number of states have already passed laws against the open fields doctrine.
By the way, you have the SCOTUS to thank for the open fields doctrine. That was over untaxed liquor anyway, and you know, you have to give the king his cut of the price.
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