House Bill 26-029

This bill clarifies that wildlife officers and game wardens must follow the same constitutional search and seizure standards that apply to all other peace officers. The bill requires that searches of persons, vehicles, property, or land be conducted only with a valid warrant issued upon probable cause or under a recognized exception to the warrant requirement. The measure also establishes that participation in hunting, fishing, or other outdoor recreation alone does not create probable cause or reasonable suspicion for a search.

This bill further provides that evidence obtained in violation of constitutional search protections is inadmissible in state courts and creates a civil cause of action for individuals whose rights are violated by wildlife officers acting under color of law. Courts may award damages, injunctive relief, and attorney fees in successful cases.

Finally, the bill establishes state court remedies when federal officers conduct unlawful searches or seizures within the state. Individuals may bring civil actions in state court against federal officers in their individual capacity and seek compensatory, statutory, or punitive damages when constitutional rights are violated.