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

Summary

HB494 would require a government agent to have a warrant before entering private real property or seizing property on that land, with specific exceptions and procedures.

What This Bill Does

It extends a warrant requirement to private land (including open fields) and sets out when a warrant is not needed. Exceptions include owner consent, exigent circumstances, imminent destruction of wildlife or related evidence, and distress or euthanization of a wild animal. If entering under these exceptions, agents must notify the owner, use a body-worn camera if available, and provide visual evidence of certain wildlife needs. Seizure of personal property on private land generally requires a warrant or probable cause tied to a related criminal act, and evidence or arrests obtained in violation would be inadmissible or invalid. The act becomes effective October 1, 2026.

Who It Affects

• Private landowners, lessees, and occupants: their private property would require warrants to be entered or searched, with limited exceptions and mandatory notification when entry occurs.
• Government agents and law enforcement: must obtain warrants to enter private land and seize property, follow notification and evidentiary procedures, use body cameras when available, and may face suppression of evidence or invalid arrests if they violate the act.

Key Provisions

• Establishes a warrant requirement for government agents to enter private real property and to seize personal property on private land, with defined exceptions.
• Defines private land as real property owned, leased, used, or occupied by a private individual or non-government entity, including open fields.
• Exceptions to the warrant requirement: owner consent; notification or observation of exigent circumstances on the land; probable cause of imminent unlawful killing or destruction of wildlife or related evidence; and notification/observance of a crippled or distressed wildlife needing euthanization.
• Upon entering private land under an exception, agents must: (a) notify the owner/lessee/occupant as soon as possible, (b) activate body-worn cameras if available, and (c) provide photographic or video evidence of the wildlife issue to the owner if entering to euthanize.
• The warrant must be served to the owner/lessee/occupant if present, unless entry is permitted without a warrant under the exceptions.
• Seizure of personal property on private land is only allowed with a warrant or with probable cause tied to a criminal act after entering under a warrant exception.
• Evidence obtained from searches or seizures in violation of this act is inadmissible in any proceeding, and arrests based on such searches or seizures are invalid.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure