Senate File 45 - Introduced SENATE FILE 45 BY ZAUN A BILL FOR An Act requiring search warrants for certain activities under 1 the jurisdiction of the natural resource commission. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1727XS (3) 88 js/rn

S.F. 45 Section 1. Section 481A.12, Code 2019, is amended to read 1 as follows: 2 481A.12 Seizure of wildlife taken or handled illegally. 3 The director or any peace officer shall seize with or without 4 pursuant to a search warrant and take possession of , or direct 5 the disposal of, any fish, furs, birds, animals, mussels, 6 clams, or frogs, which have been caught, taken, or killed at 7 a time, in a manner, or for a purpose, or had in possession 8 or under control, or offered for shipment, or illegally 9 transported in the state or to a point beyond its borders, 10 contrary to the Code. All fish, furs, birds, animals, mussels, 11 clams, or frogs seized under this section shall be relinquished 12 to a representative of the commission , disposed of, or and kept 13 as provided in section 481A.13 . 14 Sec. 2. NEW SECTION . 481A.35A Enforcement —— search warrant 15 required —— exception. 16 1. A peace officer shall not enter onto private property, 17 without the permission of the owner or occupant of the 18 property, for the purposes of investigating a violation of or 19 enforcing a provision of this chapter or any other law under 20 the authority of the natural resource commission without first 21 making an application under oath or affirmation to the district 22 court of the county in which the property is located for the 23 issuance of a search warrant to search that property. However, 24 a peace officer may enter onto private property without 25 permission or a search warrant if the officer has probable 26 cause to believe that illegal activity is occurring or has 27 occurred on the property based on the officer’s own first-hand 28 observations that are made from a location at which the officer 29 is legally authorized to be. 30 2. The court may issue a search warrant, after examination 31 of the applicant and any witnesses, if the court is satisfied 32 that there is probable cause to believe the existence of the 33 allegations in the application. 34 Sec. 3. Section 483A.32, subsection 1, Code 2019, is amended 35 -1- LSB 1727XS (3) 88 js/rn 1/ 2

S.F. 45 to read as follows: 1 1. Subject to subsection 2 , any device, contrivance, or 2 material used to violate a rule adopted by the commission, or 3 any other provision of this chapter or chapter 481A , 481B , 482 , 4 484A , or 484B , is a public nuisance and may be condemned by the 5 state. The director, the director’s officers, or any peace 6 officer, shall seize the devices, contrivances, or materials 7 used as a public nuisance, without warrant or process pursuant 8 to a search warrant , and deliver them to a magistrate having 9 jurisdiction. An automobile shall not be construed to be a 10 public nuisance under this section . 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill provides that when the director of the department 15 of natural resources or the director’s officers or any peace 16 officer seizes wildlife possessed or taken illegally, or seizes 17 property used to violate a provision of the natural resources 18 laws relating to wildlife, the director or officer must conduct 19 that seizure pursuant to a search warrant. Currently, such 20 seizure may be accomplished without obtaining a search warrant. 21 The bill also provides that a peace officer shall not enter 22 onto private property, without the permission of the owner or 23 occupant of the property, for the purposes of investigating 24 a violation of or enforcing the wildlife laws arising under 25 Code chapter 481A or any other law under the authority of 26 the natural resource commission without first making an 27 application to the district court of the county where the 28 property is located for the issuance of a search warrant to 29 search that property. However, a peace officer may enter onto 30 private property without permission or a search warrant if the 31 officer has probable cause to believe that illegal activity 32 is occurring on that property based on the officer’s own 33 first-hand observations that are made from a location at which 34 the officer is legally authorized to be. 35 -2- LSB 1727XS (3) 88 js/rn 2/ 2