Livestock inspectors-search warrants.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0392

SENATE FILE
NO.

SF0133

Livestock inspectors-search warrants.

Sponsored by:
Senator(s) Driskill and Hines and Representative(s) Barlow, Semlek and Sommers

A BILL

for

AN ACT relating to
livestock; requiring
notification after
inspection of brands as specified;
providing for
a search warrant before seizure of livestock as specified; providing for consent to search;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 11
‑
20
‑
214(
a) and 11
‑
21
‑
103(c)
and by creating a new subsection (d)
are amended to read:

11
‑
20
‑
214.

Brand inspector may inspect; voluntary inspections.

(a)

A brand inspector may inspect livestock being
transported
, trailed, pastured or confined
at his discretion,
to determine ownership, without an inspection
fee.
If a brand inspector enters private land pursuant to this section, the brand inspector shall notify the landowner and the lessee of land, if know
n
, of the entry within forty-eight (48) hours after the entry has occurred.

11
‑
21
‑
103.

Peace officer authorized to stop and inspect carrier; search with or without warrant; seizure of animals unlawfully taken.

(c)

Except as provided in subsection (d) of this section, a
ny inspector, game warden or peace officer of the county or state of Wyoming may seize and take into custody any animals, poultry or carcasses thereof which have been unlawfully taken, unlawfully transported or which are unlawfully in possession.

(d)

Any inspector, game warden or peace officer of the county or state of Wyoming shall obtain a search warrant prior to seizing and taking into custody any livestock which are unlawfully in possession when the livestock are located in open pastures on private or leased lands. If the person in charge of the property where the livestock are located consents in writing to a search of the conveyance or property without a warrant, the search
shall be made by the officer in the presence of the person as soon as the consent is obtained.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0133