‘Routinely violated’: Little criticizes private property rights bill but signs it
Gov. Brad Little signed a bill into law that would prevent government agents from entering private land without a search warrant, unless it’s urgent or they have the lawful consent of the landowner. But in a letter, he wrote that the bill could be challenging practically.
The bill, which passed with broad support in the House and the Senate, would also require federal agents to notify local sheriffs before executing a search warrant on private property, unless it is urgent. For violations, government agents could be subject to a $1,000 fine and a private lawsuit.
“This legislation represents a meaningful reaffirmation of the Fourth Amendment and a reflection of what many Idahoans describe as ‘the Idaho way’ — a governance philosophy grounded in limited intrusion, personal liberty, and clear constitutional boundaries,” Little wrote Tuesday in a letter hand-delivered to Lt. Gov. Scott Bedke, the Senate president.
But he said it was still important to “candidly acknowledge” what would be coming: Agencies in the state would have to reassess and in many cases, “significantly” change how they do routine functions. Agencies would have to revisit investigative protocols, evidence collection procedures and interagency coordination, among other things, the governor said.
“While the policy intent is clear and principled, implementation could present real challenges,” Little said.
The bill does not limit lawful entry for abatement-district employees (such districts can control things like mosquitoes) or government entry to “control noxious weeds.”
One of the bill's sponsors, Sen. Mark Harris, R-Soda Springs, said on March 9 in the Senate that the bill was about private property rights. Harris said the bill wouldn’t be necessary if it weren’t that landowner rights “are being routinely violated.”
Harris and another sponsor, Sen. Jim Guthrie, R-McCammon, did not immediately return requests for comment Tuesday evening.
“Private property is fundamental,” Harris said. “Unfortunately, there are government employees at all levels of government who mistakenly believe that they’re entitled to enter private property without securing landowner permission or warrant simply because of their government position.” Sen. Brian Lenney, R-Nampa, opposed the bill, and his substitute voted against it. Lenney told the Statesman he was concerned the legislation would impede the work of U.S. Immigration and Customs Enforcement.
“It’s problematic,” Lenney said.
