Another bad Idaho bill. Attempt to end the Open Field doctrine for Conservation Officers.

[44hunter45]

New Bill Makes Idaho’s Private Lands a Poacher’s Paradise — Idaho Wildlife Federation

Do we really want the Wilks brothers to not have to comply with game laws?

idahowildlife.org

 

[Nicoli7153]

Open field doctrine relates to warrantless search and seizures and is one of the ten exceptions to the search warrant rule.
Warrantless searches are presumed invalid

Supreme Court decisions have upheld that there is no expectation of privacy in areas that one knowingly exposes to the public.

The elements of a search is defined as:
1) Governmental intrusion
2) Into an area where there is an expectation of privacy

If both elements do not exist ..... there is no search

 

[338win]

So LEOs will be required to follow the 4th amendment? What a novel idea.

 

[Nicoli7153]

So LEOs will be required to follow the 4th amendment? What a novel idea.

They should they swore an oath to uphold the constitution.

There's also 9 other recognized exceptions to the search warrant rule.

Probable cause plus exigent circumstances being one of them. Frequently used.

 

[Potsie]

So LEOs will be required to follow the 4th amendment? What a novel idea.

what part of the open field doctrine, which has been upheld by the SCOTUS time and time again, doesn’t follow the 4th amendment?