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HB494 INTRODUCED
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HB494
U9Q1LGG-1
By Representatives Harrison, Butler, Stringer, Yarbrough,
Mooney, Wadsworth, Whorton, Brown, Sorrells, Myrex, Estes,
Rehm, Allbright, Gidley, Hulsey
RFD: Judiciary
First Read: 24-Feb-26
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U9Q1LGG-1 05/14/2025 ZAK (L)ZAK 2025-1960
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First Read: 24-Feb-26
SYNOPSIS:
Under the Constitution of Alabama of 2022, a
resident is protected from the unreasonable search and
seizure of his or her person, house, papers, and
possessions.
Also under the Constitution of Alabama of 2022
and existing case law and statutory law, this
protection has been construed to require a warrant
issued only upon a showing of probable cause to search
or seize any of these protected items, subject to
several established exceptions.
Also under existing case law and statutory law,
real property that is not included within one's house,
known as open fields, does not enjoy this protection
from unreasonable search and seizure.
This bill would require a government agent to
have a warrant to enter any private real property or
seize personal property on private real property,
subject to several specified exceptions.
This bill would require a government agent
entering private real property to take certain actions.
This bill would also provide for searches and
seizures conducted in violation of this bill.
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A BILL
TO BE ENTITLED
AN ACT
Relating to search and seizure; to require that
government agents have a warrant to enter private real
property and seize personal property, subject to exceptions;
to require certain actions of government agents entering
private real property; and to provide for searches and
seizures conducted in violation of this act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds and declares the
following:
(1) The people of this state have a right to be free
from physical intrusions of their private property.
(2) The people of this state have a reasonable
expectation of privacy in their homes and property, both real
and personal.
(3) This state should protect its residents' homes and
property, both real and personal, from warrantless searches
and seizures.
Section 2. (a) For purposes of this section, the
following terms have the following meanings:
(1) GOVERNMENT AGENT. Any individual who is an employee
of or contracted with this state or a political subdivision of
this state, including a law enforcement officer and inspector.
(2) PRIVATE LAND. Real property that is owned, leased,
used, or occupied by an individual or nongovernmental entity,
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used, or occupied by an individual or nongovernmental entity,
including any real property otherwise considered to be an open
field.
(b) A government agent may not enter upon private land
without a warrant unless any of the following occurs:
(1) The owner, lessee, or occupant of the private land
consents to the government agent entering the land.
(2) The government agent is notified of or observes
exigent circumstances occurring on the private land.
(3) The government agent has probable cause to believe
the unlawful killing or destruction of a wild animal or wild
plant, or the destruction of evidence relating to such an
unlawful killing or destruction, on the private land is
imminent.
(4) The government agent has been notified of or
observes a crippled or distressed wild animal needing to be
euthanized on the private land.
(c) Upon entering private land pursuant to subsection
(b), a government agent shall do all of the following:
(1) Make a reasonable effort to notify the owner,
lessee, or occupant of the private land of the agent's
presence on the land as soon as possible.
(2) Activate his or her body-worn camera, if equipped.
(3) Provide photographic or video evidence of the wild
animal needing to be euthanized to the owner, lessee, or
occupant of the private land if entering pursuant to
subdivision (b)(4).
(d) A government agent shall serve the warrant
permitting his or her entry onto private land on the owner,
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permitting his or her entry onto private land on the owner,
lessee, or occupant thereof, if present, unless entry is
permitted without a warrant pursuant to subsection (b).
(e) A government agent may not seize any personal
property, including currency, vehicles, weapons, tools,
animals, or plants from private land unless either of the
following occurs:
(1) The government agent has a warrant authorizing the
seizure.
(2) The government agent has entered the private land
pursuant to subsection (b) and has probable cause of the
commission of a criminal act relating to the personal
property.
(f) Evidence obtained from a search or seizure
conducted in violation of this section is inadmissible in any
administrative, civil, or criminal proceeding.
(g) An arrest made pursuant to a search or seizure
conducted in violation of this section is invalid.
Section 3. This act shall become effective on October
1, 2026.
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