Bill Description: Senate Bill 1404 would clarify that rights and protections against unreasonable search and seizures apply broadly to privately owned lands.

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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?

Senate Bill 1404 would create Section 18-7007, Idaho Code, which would say, "All rights and protections against unreasonable search and seizures that apply to the curtilage of a citizen's residence, whether derived constitutionally, through caselaw, or by statute, shall equally apply to all privately owned lands upon which the owner has taken measures to indicate they are privately owned and not open to entry in conformance with the provisions of section 18-7008(2), Idaho Code."

Section 18-7008(2), Idaho Code, details "acts constituting criminal trespass."

In general, the right to be free from unreasonable search and seizure has been applied to a person's home and its "curtilage," which is the area immediately surrounding the dwelling. This bill would expand the scope of these protections to include all of a person's property. 

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