Fishbonker
Life Member
This is a companion bill to SF24 the search warrant bill.
https://www.legis.iowa.gov/legislation/BillBook?ba=HF164&ga=87
To me this comes down to the Open Fields Doctrine which is used by all law enforcement for access to non curtilage areas. In other words all LEA have the same access to "the back 40" and all LEA must have a search warrant to gain access to your immediate surroundings. Over simplified I'm sure but that is my understanding.
In a recent court case the defendant's claim of illegal search and seizure was thrown out due to the Open Fields Doctrine. The defendant still won the case even though the evidence was allowed.
I don't see a need for a change to the law.
https://www.legis.iowa.gov/legislation/BillBook?ba=HF164&ga=87
To me this comes down to the Open Fields Doctrine which is used by all law enforcement for access to non curtilage areas. In other words all LEA have the same access to "the back 40" and all LEA must have a search warrant to gain access to your immediate surroundings. Over simplified I'm sure but that is my understanding.
In a recent court case the defendant's claim of illegal search and seizure was thrown out due to the Open Fields Doctrine. The defendant still won the case even though the evidence was allowed.
I don't see a need for a change to the law.