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House File 189 - IntroducedA Bill ForAn Act 1requiring search warrants for certain activities under
2the jurisdiction of the natural resource commission.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.12, Code 2019, is amended to read
2as follows:
3481A.12 Seizure of wildlife taken or handled illegally.
4The director or any peace officer shall seize with or without
5 pursuant to a search warrant and take possession of, or direct
6the disposal of, any fish, furs, birds, animals, mussels,
7clams, or frogs, which have been caught, taken, or killed at
8a time, in a manner, or for a purpose, or had in possession
9or under control, or offered for shipment, or illegally
10transported in the state or to a point beyond its borders,
11contrary to the Code. All fish, furs, birds, animals, mussels,
12clams, or frogs seized under this section shall be relinquished
13to a representative of the commission, disposed of, or and kept
14as provided in section 481A.13.
15 Sec. 2. NEW SECTION. 481A.35A Enforcement — search warrant
16required — exception.
171. A peace officer shall not enter onto private property,
18without the permission of the owner or occupant of the
19property, for the purposes of investigating a violation of or
20enforcing a provision of this chapter or any other law under
21the authority of the natural resource commission without first
22making an application under oath or affirmation to the district
23court of the county in which the property is located for the
24issuance of a search warrant to search that property. However,
25a peace officer may enter onto private property without
26permission or a search warrant if the officer has probable
27cause to believe that illegal activity is occurring or has
28occurred on the property based on the officer’s own first-hand
29observations that are made from a location at which the officer
30is legally authorized to be.
312. The court may issue a search warrant, after examination
32of the applicant and any witnesses, if the court is satisfied
33that there is probable cause to believe the existence of the
34allegations in the application.
35 Sec. 3. Section 483A.32, subsection 1, Code 2019, is amended
-1-1to read as follows:
21. Subject to subsection 2, any device, contrivance, or
3material used to violate a rule adopted by the commission, or
4any other provision of this chapter or chapter 481A, 481B, 482,
5484A, or 484B, is a public nuisance and may be condemned by the
6state. The director, the director’s officers, or any peace
7officer, shall seize the devices, contrivances, or materials
8used as a public nuisance, without warrant or process pursuant
9to a search warrant, and deliver them to a magistrate having
10jurisdiction. An automobile shall not be construed to be a
11public nuisance under this section.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides that when the director of the department
16of natural resources or the director’s officers or any peace
17officer seizes wildlife possessed or taken illegally, or seizes
18property used to violate a provision of the natural resources
19laws relating to wildlife, the director or officer must conduct
20that seizure pursuant to a search warrant. Currently, such
21seizure may be accomplished without obtaining a search warrant.
22The bill also provides that a peace officer shall not enter
23onto private property, without the permission of the owner or
24occupant of the property, for the purposes of investigating
25a violation of or enforcing the wildlife laws arising under
26Code chapter 481A or any other law under the authority of
27the natural resource commission without first making an
28application to the district court of the county where the
29property is located for the issuance of a search warrant to
30search that property. However, a peace officer may enter onto
31private property without permission or a search warrant if the
32officer has probable cause to believe that illegal activity
33is occurring on that property based on the officer’s own
34first-hand observations that are made from a location at which
35the officer is legally authorized to be.
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2the jurisdiction of the natural resource commission.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.12, Code 2019, is amended to read
2as follows:
3481A.12 Seizure of wildlife taken or handled illegally.
4The director or any peace officer shall seize with or without
5 pursuant to a search warrant and take possession of, or direct
6the disposal of, any fish, furs, birds, animals, mussels,
7clams, or frogs, which have been caught, taken, or killed at
8a time, in a manner, or for a purpose, or had in possession
9or under control, or offered for shipment, or illegally
10transported in the state or to a point beyond its borders,
11contrary to the Code. All fish, furs, birds, animals, mussels,
12clams, or frogs seized under this section shall be relinquished
13to a representative of the commission, disposed of, or and kept
14as provided in section 481A.13.
15 Sec. 2. NEW SECTION. 481A.35A Enforcement — search warrant
16required — exception.
171. A peace officer shall not enter onto private property,
18without the permission of the owner or occupant of the
19property, for the purposes of investigating a violation of or
20enforcing a provision of this chapter or any other law under
21the authority of the natural resource commission without first
22making an application under oath or affirmation to the district
23court of the county in which the property is located for the
24issuance of a search warrant to search that property. However,
25a peace officer may enter onto private property without
26permission or a search warrant if the officer has probable
27cause to believe that illegal activity is occurring or has
28occurred on the property based on the officer’s own first-hand
29observations that are made from a location at which the officer
30is legally authorized to be.
312. The court may issue a search warrant, after examination
32of the applicant and any witnesses, if the court is satisfied
33that there is probable cause to believe the existence of the
34allegations in the application.
35 Sec. 3. Section 483A.32, subsection 1, Code 2019, is amended
-1-1to read as follows:
21. Subject to subsection 2, any device, contrivance, or
3material used to violate a rule adopted by the commission, or
4any other provision of this chapter or chapter 481A, 481B, 482,
5484A, or 484B, is a public nuisance and may be condemned by the
6state. The director, the director’s officers, or any peace
7officer, shall seize the devices, contrivances, or materials
8used as a public nuisance, without warrant or process pursuant
9to a search warrant, and deliver them to a magistrate having
10jurisdiction. An automobile shall not be construed to be a
11public nuisance under this section.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides that when the director of the department
16of natural resources or the director’s officers or any peace
17officer seizes wildlife possessed or taken illegally, or seizes
18property used to violate a provision of the natural resources
19laws relating to wildlife, the director or officer must conduct
20that seizure pursuant to a search warrant. Currently, such
21seizure may be accomplished without obtaining a search warrant.
22The bill also provides that a peace officer shall not enter
23onto private property, without the permission of the owner or
24occupant of the property, for the purposes of investigating
25a violation of or enforcing the wildlife laws arising under
26Code chapter 481A or any other law under the authority of
27the natural resource commission without first making an
28application to the district court of the county where the
29property is located for the issuance of a search warrant to
30search that property. However, a peace officer may enter onto
31private property without permission or a search warrant if the
32officer has probable cause to believe that illegal activity
33is occurring on that property based on the officer’s own
34first-hand observations that are made from a location at which
35the officer is legally authorized to be.
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