Warrantless Searches Part 3 – What Idaho is doing to Restore the Protections of the 4th Amendment

What Idaho is doing to restore and maintain protections for property owners against arbitrary government intrusion as envisioned by our Founding Fathers.

We hear from Owyhee County Sheriff Larry Kendrick, Elmore County Sheriff Mike Hollinshead, Idaho Senate President Pro Tem Kelly Anthon, and Idaho Speaker of the House Mike Moyle.

 Verbatim:

In parts 1 & 2 we reviewed the historical context and purpose of the 4^th Amendment as well as how protections against warrantless searches have eroded over time.

This final video will discuss what Idaho is doing to restore and maintain protections for property owners against arbitrary government intrusion as envisioned by our Founding Fathers.

Constitutional rights are supposed to be self-executing or automatic, but despite guaranteeing the right to life, we have enacted laws prohibiting murder and penalties for those who do not abide by the law.

Despite constitutions protecting the right to keep and bear arms, we have enacted laws ensuring the right to carry firearms, both openly and concealed, with penalties for those who attempt to deny those rights.

Senate Bill 1326 would prohibit government agents, both state and federal, from entering privately owned land without a warrant or landowner permission, except under very narrowly defined, judicially recognized circumstances.

The bill also provides penalties for agents who ignore those constitutional rights.

Idaho has never needed a law like this before as government agents have historically honored property rights for most of the last century in Idaho. However, there are instances of government agents from various agencies who do go onto private land under the “Open Fields” doctrine, which many legal scholars say is a misinterpretation of the 4^th Amendment.

Here are some comments from local elected officials in support of Senate Bill 1326.

We hear from Owyhee County Sheriff Larry Kendrick, Elmore County Sheriff Mike Hollinshead, Idaho Senate President Pro Tem Kelly Anthon, and Idaho Speaker of the House Mike Moyle.

(Moyle) “The bill that you guys have, dealing with warrantless searches, how many of you have had these experiences with Fish and Game Officer on your farms? What these guys do is not right. I'll give you an example with us. I farm, I'm one of the last ones I think standing in Ada in Canyon County, we're getting fewer and fewer. We like to say we farm between the houses. But we also like to kill geese because they get on our crops, right? And we put our geese stands up in our fields to do our thing. Well, we're out goose hunting and, you got geese coming in, and here comes a truck across the field. Fish and game. And I can't stop them, right? Because of the law, the way it is now. That's a bunch of garbage. And you have a bill to help fix that. So hopefully that bill gets through. We've talked about it for years. I'm really glad that you're all pushing that bill. It's one that we need to pass in the state of Idaho. and hopefully we can get it done. And I'm thankful for what you're doing.”

(Anthon) “The founding fathers in both the United States and also the state of Idaho recognized that one of the very first things that we should protect, and they called inalienable, meaning they're God-given, is the right to hold and protect our property.

(Kendrick) “The residents here are overwhelmingly for it. I know quite a few. A local rancher brought it up at the Cattleman's meeting, Owyhee County Cattlemen's Association meeting, just last Saturday. And it means a lot to a lot of people. And even though it's not being abused here, they want to guard against it in the future, against future possible abuses.”

(Anthon) “There's always this tendency for government to take more and more power if we let them. And the founders knew that. That's why the whole system of government that we have is set up. And it's incumbent upon us to make sure that does not happen. What's kind of the crux of this matter is that, we are saying that farms and ranches and this private land is no different than any other private property that people have.”

(Kendrick) “It's just not respecting private property. It's not in the spirit of the 4th Amendment. If we have to respect their living room, then we should respect the back 40 as well. Anytime you cross an ethical boundary, you need to re-examine what you're doing. So if law enforcement or any government agency, whether it's, you know, an assessor or a fish and game or whatever, if you're open to violating a little, you're open to violating a lot.”

(Anthon) “We know that it's happening. We know our farmers and ranchers are telling us it's happening.”

(Anthon) “And you have to have probable cause to enter into someone's private property. And if you don't have that probable cause or the other exceptions that are articulated in the cases, those law enforcement officers are not supposed to be in your home. And I would submit to you, it's no different than any other private property you own.”

(Hollinshead) “The preservation of constitutional rights is not optional – it is foundational to the oath we take as law enforcement officers. The Fourth Amendment was established to protect citizens from unreasonable searches and government overreach.”

(Hollinshead) “As public servants, we understand the delicate balance between effective law enforcement and the protection of individual liberties. That balance must always lean toward safeguarding constitutional rights. History has shown that unchecked authority, even if well-intentioned, can erode public trust. As Supreme Court Justice Louis Brandies wisely stated, “If the government becomes the lawbreaker, it breeds contempt for the law.”

(Kendrick) “If it's violating property rights, somebody's rights, any way, shape, or form, then it's not ethical and it's not honest and it's not professional. Myself and all my guys, I expect them to respect everybody's constitutional rights. And we all have to look at ourselves in the mirror. We all have to live with what we do. And at the end of the day, if you can say, hey, I did it right, And I got this guy. He's in jail, but I did it the right way, you have 0 regrets. And you don't have to cheat to get the bad guy. There's always a way.”