Print
House File 164 - 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 2017, 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, or animals, or 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, or animals, or
12mussels, clams, or frogs seized under this section may shall be
13relinquished to a representative of the commission or disposed
14of and kept as 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, Code 2017, is amended to read as
-1-1follows:
2483A.32 Public nuisance.
3Any device, contrivance, or material used to violate a rule
4adopted by the commission, or any other provision of this
5chapter or chapter 481A, 481B, 482, 484A, or 484B, is a public
6nuisance and may be condemned by the state. The director, the
7director’s officers, or any peace officer, shall seize the
8devices, contrivances, or materials used as a public nuisance,
9without warrant or process pursuant to a search warrant,
10and deliver them to a magistrate having jurisdiction. An
11automobile shall not be construed to be a public nuisance under
12this section.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill provides that when the director of the department
17of natural resources or the director’s officers or any peace
18officer seizes wildlife possessed or taken illegally, or seizes
19property used to violate a provision of the natural resources
20laws relating to wildlife, the director or officer must conduct
21that seizure pursuant to a search warrant. Currently, such
22seizure may be accomplished without obtaining a search warrant.
23The bill also provides that a peace officer shall not enter
24onto private property, without the permission of the owner or
25occupant of the property, for the purposes of investigating
26a violation of or enforcing the wildlife laws arising under
27Code chapter 481A or any other law under the authority of
28the natural resource commission, without first making an
29application to the district court of the county where the
30property is located for the issuance of a search warrant to
31search that property. However, a peace officer may enter onto
32private property without permission or a search warrant if the
33officer has probable cause to believe that illegal activity
34is occurring on that property based on the officer’s own
35first-hand observations that are made from a location at which
-2-1the officer is legally authorized to be.
-3-av/nh
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 2017, 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, or animals, or 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, or animals, or
12mussels, clams, or frogs seized under this section may shall be
13relinquished to a representative of the commission or disposed
14of and kept as 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, Code 2017, is amended to read as
-1-1follows:
2483A.32 Public nuisance.
3Any device, contrivance, or material used to violate a rule
4adopted by the commission, or any other provision of this
5chapter or chapter 481A, 481B, 482, 484A, or 484B, is a public
6nuisance and may be condemned by the state. The director, the
7director’s officers, or any peace officer, shall seize the
8devices, contrivances, or materials used as a public nuisance,
9without warrant or process pursuant to a search warrant,
10and deliver them to a magistrate having jurisdiction. An
11automobile shall not be construed to be a public nuisance under
12this section.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill provides that when the director of the department
17of natural resources or the director’s officers or any peace
18officer seizes wildlife possessed or taken illegally, or seizes
19property used to violate a provision of the natural resources
20laws relating to wildlife, the director or officer must conduct
21that seizure pursuant to a search warrant. Currently, such
22seizure may be accomplished without obtaining a search warrant.
23The bill also provides that a peace officer shall not enter
24onto private property, without the permission of the owner or
25occupant of the property, for the purposes of investigating
26a violation of or enforcing the wildlife laws arising under
27Code chapter 481A or any other law under the authority of
28the natural resource commission, without first making an
29application to the district court of the county where the
30property is located for the issuance of a search warrant to
31search that property. However, a peace officer may enter onto
32private property without permission or a search warrant if the
33officer has probable cause to believe that illegal activity
34is occurring on that property based on the officer’s own
35first-hand observations that are made from a location at which
-2-1the officer is legally authorized to be.
-3-av/nh