Bill Status of HB2611 103rd General Assembly
Short Description: PROTECT PROP-NO WARRANT SEARCH
Rep. Jed Davis and Chris Miller
| 3/10/2023||House||Rule 19(a) / Re-referred to Rules Committee|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Creates the Protection of All Property from Warrantless Searches Act. Prohibits a government agent from entering a home or private land without a search warrant except: (1) after receiving the permission of the property owner, lessee, or occupant; (2) to respond to a life-threatening emergency or another immediate threat to public safety that was either reported to the government agent or the government agent personally observed; (3) to prevent the imminent unlawful killing of wildlife or the destruction of evidence of such unlawful killing where the government agent has probable cause to believe either is about to occur; (4) to dispatch crippled or distressed wildlife the government agent has personally observed; or (5) to apprehend a fleeing subject that the government agent has probable cause to believe is on the property. Provides that any evidence obtained pursuant to a search and seizure conducted in violation of the Act is inadmissible in any administrative, civil, or criminal proceeding. Provides that any arrest made pursuant to a search or seizure conducted in violation of the Act is invalid. Allows a person who believes the person's rights have been violated under the Act to bring an action for actual damages. Allows a prevailing plaintiff in such an action to recover declaratory relief, injunctive relief, compensatory damages, nominal damages, and attorney's fees.