House Bill 26-029

This act requires wildlife officers and game wardens to follow the same constitutional search-and-seizure standards as other peace officers in San Andreas. The requirements apply to searches, seizures, detentions, and inspections conducted on public land, private property, state waterways, and other locations. Wildlife officers generally must obtain a warrant based on probable cause before searching a person, vehicle, residence, private land, container, or other property unless a recognized exception to the warrant requirement applies. Consent to a search must be freely and voluntarily given and cannot be obtained through coercion, intimidation, or misrepresentation of authority.

This act provides that merely engaging in hunting, fishing, or outdoor recreation, possessing hunting or fishing equipment, or being present in a wildlife management area does not by itself establish probable cause or reasonable suspicion for a search or seizure. Existing statutes or regulations granting wildlife officers broader authority to conduct suspicionless searches or inspections are repealed or superseded to the extent that they conflict with constitutional standards. Evidence obtained through an unlawful search or seizure is generally inadmissible upon a timely motion in criminal cases, civil proceedings, and state administrative hearings, and courts must provide written findings when denying a motion to suppress under the act.

This act allows individuals whose constitutional or statutory rights are violated by a wildlife officer acting under color of law to bring a civil action seeking damages and equitable relief, including return of unlawfully seized property or expungement of records. Successful plaintiffs may receive actual damages, statutory damages of $500 to $5,000 per violation, injunctive and declaratory relief, attorney fees, court costs, and qualifying expert-witness expenses. Qualified immunity is unavailable when an officer acts willfully and wantonly or with reckless disregard for clearly established constitutional rights, and claims generally must be brought within two years after the violation was discovered or reasonably should have been discovered. The act does not, however, create a state cause of action against federal officers lawfully acting within the scope of federal employment.

This act requires the state POST authority, in consultation with the Attorney General, to update training standards for wildlife officers concerning warrants, probable cause, constitutional search-and-seizure requirements, lawful investigative practices, relevant case law, and potential civil liability. Wildlife officers must complete the required training within one year and certify completion annually thereafter. This act was approved May 15, 2026, and is scheduled to take effect August 18, 2026.