Wildlife; provide that a conservation officer needs probable cause and a warrant to search except on state WMAs or wildlife refuges.

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To: Wildlife, Fisheries and
Parks; Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Seymour

SENATE BILL NO. 2665

AN ACT TO AMEND SECTION 49-1-43, MISSISSIPPI CODE OF 1972, TO 1
CLARIFY THAT A CONSERVATION OFFICER MAY PERFORM CERTAIN SEARCHES 2
WITHOUT A WARRANT ONLY WITHIN STATE WILDLIFE MANAGEMENT AREAS OR 3
STATE WILDLIFE REFUGES; TO PROVIDE THAT A CONSERVATION OFFICER 4
MUST HAVE PROBABLE CAUSE AND A WARRANT TO CONDUCT CERTAIN SEARCHES 5
IN AREAS OTHER THAN STATE WILDLIFE MANAGEMENT AREAS OR STATE 6
WILDLIFE REFUGES; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 49-1-43, Mississippi Code of 1972, is 9
amended as follows: 10
49-1-43. (1) The director shall have general supervision 11
and control of all conservation officers, and shall enforce all 12
the laws and regulations of the state relating to wild animals, 13
birds and fish, and shall exercise all necessary powers incident 14
thereto not specifically conferred on the department. 15
(2) The director, with the approval of the commission, shall 16
make to the Governor and the Legislature a report covering the 17
operation of the department for the preceding fiscal year. 18
(3) It shall be the duty of all conservation officers to 19
enforce, and to obey and carry out all instructions and directions 20
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of the department with respect to the enforcement of the laws and 21
regulations relating to wild animals, birds and fish. 22
(4) The director and each conservation officer shall have 23
power, and it shall be the duty of the director and of each 24
conservation officer: 25
(a) To execute all warrants and search warrants for a 26
violation of the laws and regulations relating to wild animals, 27
birds and fish and to serve subpoenas issued for the examination 28
and investigation or trial of offenses against any of the laws or 29
regulations; 30
(b) (i) Within state wildlife management areas or 31
state wildlife refuges, to search where the conservation officer 32
has cause to believe and does believe that animals, birds or fish, 33
or any parts thereof, or the nest or eggs of birds, or spawn or 34
eggs of fish are possessed in violation of law or regulation and 35
in such case to examine, without warrant, the contents of any 36
boat, car, automobile or other vehicle, box, locker, basket, 37
creel, crate, game bag or other package, to ascertain whether any 38
law or regulation for the protection of animals, birds or 39
fish * * * has been or * * * is being violated, and to use such 40
force as may be necessary for the purpose of such examination and 41
inspection; 42
(ii) In areas other than state wildlife management 43
areas or state wildlife refuges, to search where the conservation 44
officer has probable cause that animals, birds or fish, or any 45
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parts thereof, or the nest or eggs of birds, or spawn or eggs of 46
fish are possessed in violation of law or regulation and in such 47
case to examine, with a warrant, the contents of any boat, car, 48
automobile or other vehicle, box, locker, basket, creel, crate, 49
game bag or other package, to ascertain whether any law or 50
regulation for the protection of animals, birds or fish has been 51
or is being violated, and to use such force as may be necessary 52
for the purpose of such examination and inspection; 53
(c) With a search warrant to search and examine the 54
contents of any dwelling house, room, building or premises of any 55
person suspected of violating any law or regulation, to seize all 56
animals, birds or fish, or parts thereof, or nests or eggs of 57
birds taken in violation of law or regulation, or showing evidence 58
of illegal taking and to seize and confiscate all devices 59
illegally used in taking animals, birds or fish; 60
(d) To arrest, without warrant, any person committing 61
or attempting to commit a misdemeanor, felony or a breach of the 62
peace within his presence or view and to pursue and so arrest any 63
person committing an offense in any place in the state where the 64
person may go or be; to aid and assist any peace officer of this 65
state or any other state if requested, in manhunts or natural 66
disasters within the state; and 67
(e) To exercise other powers of peace officers in the 68
enforcement of game laws or regulations or of a judgment for the 69
violation thereof, as are not herein specifically provided. 70
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ST: Wildlife; provide that a conservation
officer needs probable cause and a warrant to
search except on state WMAs or wildlife refuges.
(5) In all cases of arrest without warrant, the person 71
making such arrest must inform the accused of the object and cause 72
of the arrest, except when he is in the actual commission of the 73
offense or is arrested on pursuit. 74
(6) No conservation officer shall compromise or settle out 75
of court any violation of this chapter, or any law or regulation 76
for the protection of wild animals, birds or fish. 77
(7) Nothing in this section shall be construed as granting 78
conservation officers general police powers. 79
(8) Citations issued by a conservation officer for any 80
violation of the laws for the protection of wild animals, birds 81
and fish, the trespass laws, the litter laws, and the boating laws 82
shall be issued on a uniform citation form consisting of an 83
original and at least two (2) copies. Such citation shall show, 84
among other necessary information, the name of the issuing 85
officer, the name of the court in which the cause is to be heard, 86
and the date and time the person charged with a violation is to 87
appear to answer the charge. The uniform citation form shall make 88
a provision on it for information that will constitute a complaint 89
charging the offense for which the citation was issued and, when 90
duly sworn to and filed with a court of competent jurisdiction, 91
prosecution may proceed under that complaint. 92
SECTION 2. This act shall take effect and be in force from 93
and after July 1, 2026. 94