2078-S AMH ANDD LYNC 13

SHB 2078 - H AMD TO H AMD (2078-S AMH H2377.1) 0057 ADOPTED 03/15/99

By Representative Anderson

     On page 86, beginning on line 33 of the amendment, strike all of section 214 and insert the following:

ASec. 214.  RCW 77.12.090 and 1998 c 190 s 115 are each amended to read as follows:

     Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessels, ((container, or)) conveyances, vehicles, containers, packages, ((game baskets, game coats,)) or other receptacles for fish and wildlife ((, or tents, camps, or similar places)) which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title ((or Title 75 RCW)) and seize evidence as needed for law enforcement.  This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7, of the state Constitution.  Seizure of property as evidence of a crime ((This)) does not preclude seizure of the property ((if authorized)) for forfeiture as authorized by law.@

EFFECT: Prohibits fish and wildlife officers from conducting a search of living quarters in which a person has a reasonable expectation of privacy without a search warrant.