HB 6128

HOUSE BILL NO. 6128
An act to prescribe the powers and duties of certain state
and local officials and officers.
the people of the state of michigan enact:
Sec. 1. As used in this
act:
(a) "Law enforcement
officer" means that term as defined in section 2 of the Michigan
commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
(b) "Open fields
doctrine" means the exception to the Fourth Amendment to the United States
Constitution established by the United States Supreme Court in Hester v United States, 265 US 57 (1924) and
reaffirmed in Oliver v United States, 466 US 170 (1984).
(c) "State agency"
means a state department, board, commission, office, agency, institution, or
other unit of state government.
Sec. 2. The open fields doctrine does not apply to a search by a law enforcement officer or an employee, officer,
or agent of a state agency.