Open fields in Idaho, SB 1326

[IDiot]

SB 1326 would require conservation officers to get a warrant or permission prior to entering open fields that are privately owned. This only applies to conservation officers and does not apply to city, county or state law enforcement despite all law enforcement officers passing the same training and standards.

This would make it very difficult to enforce wildlife laws on private land. Poaching on private land will get a lot easier if this passes.

https://idahowildlife.org/blog/guest-opinion-the-risks-of-sb-1326

https://idahoconservation.org/icl-bill-tracker/sb-1326-open-fields-doctrine-2026

 

[Mudranger1]

SB 1326 would require conservation officers to get a warrant or permission prior to entering open fields that are privately owned. This only applies to conservation officers and does not apply to city, county or state law enforcement despite all law enforcement officers passing the same training and standards.

This would make it very difficult to enforce wildlife laws on private land. Poaching on private land will get a lot easier if this passes.

https://idahowildlife.org/blog/guest-opinion-the-risks-of-sb-1326

https://idahoconservation.org/icl-bill-tracker/sb-1326-open-fields-doctrine-2026

if they have information that's worth checking out shouldn't be to hard for them to get a warrant it would seem. I'm not sure I am onboard with you here. I'll admit to not having all the information, but it is obviously a topic as it has popped up on my YouTube algorithm a couple times now

 

[Birddoggin]

Oliver v. United States (1984)

I'm not sure why Idaho would pass legislation contradicting already decided twice by SCOTUS.

 

[TheTone]

Oliver v. United States (1984)

I'm not sure why Idaho would pass legislation contradicting already decided twice by SCOTUS.

Because farmers, ranchers and scary government boogie men are in charge of our legislature. So happy we don’t have any real issues here they could be spending time and tax money on

 

[Nunyacreek]

I don’t know what Idaho’s constitution says, but the main open fields case Oliver vs. United States was based on the 4rh amendment to the US Constitution. So open fields doctrine does not violate the US constitution but it might violate state law (if passed) or the Idaho constitution. I’m no expert but I think an Idaho law could prohibit the use of open fields for specific Idaho law enforcement. Since most game violations and enforcement are state it would apply to them. If the feds undertook federal enforcement on a federal law and prosecuted it in federal court I don’t think it would matter. But I’m not certain.
It’s puzzling to me that it would exclude other Idaho law enforcement, this makes it seem like it’s targeting perceived overreach by IDF&G.
Montana for instance has a more robust search and seizure protection than the US constitution. I had a friend who was a county prosecutor when the Rainbow Gathering was held about 15 years ago. USFS law enforcement brought him loads of people and tickets for marijuana possession but under MT law they were all illegal searches. He dismissed them all. Presumably the feds could have tried to prosecute in federal court for federal crimes but I don’t think they wanted the hassle.

 

[44hunter45]

How is this different than SB1300? Are there two bills?

 

[IDiot]

SB 1300 would make directors of some departments, including F&G and the state parks department Govenor appointees. Currently those directors are selected by commissions.

Also a bad bill but different. Seems like the legislature is busy trying to make things worse instead of better.

 

[44hunter45]

You are right. I've written so many letters this session that my brain is going mushy.

The disgusting thing about SB1326 is not just that it handcuffs the CO's, but it actually levies PERSONAL fines on the CO of $1000 per complaint. It does NOT levy these fines against any other POST certified LEO in the state, only IDFG CO's. While purporting to protect landowner 4th Amendment rights, it violates those of the CO's.

The only other bill I've seen this in was the Mom's for Liberty (aka Klanned Karenhood) library bill, which fined librarians personally for citizen decency complaints.