House Bill 494 Alabama 2026 Session

Summary

Primary Sponsor

Ben HarrisonRepresentative

Republican

Session

2026 Regular Session

Title

Search and seizure; warrant required for government agent to enter private land and seize personal property thereon, subject to exceptions

Description

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.

HB494 INTRODUCED.

Show more Show less

Subjects

Criminal Procedure