Bill Description: House Bill 623 would make it legal for a process server to trespass on private property.
Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?
Property rights are one of the foundation rights of this country and of Western justice. Protecting these rights must remain a top priority in all legislation.
House Bill 623 amends sections 6-202 and 18-7008, Idaho Code, to say that "a process server engaged in the scope and course of serving legal documents" may enter someone’s private property without their permission.
In addition to allowing process servers to enter someone’s private property without their permission, this law creates a problem for property owners when it comes to identifying an intruder’s purpose. Unlike a law enforcement officer, for example, a process server doesn’t typically wear a uniform or have any obvious identification. In some cases, a process server may even attempt to conceal their true purpose until the property owner accepts the papers they are trying to serve.
A property owner should not be forced to determine if an uninvited intruder is a process server or a criminal trespasser.