S1326 strengthens private-property rights by prohibiting government employees from entering private land that is not open to the public without the property owner's consent, a valid search warrant, or recognized legal exceptions such as exigent circumstances. The largely bill codifies Fourth Amendment protections for private land.
The Idaho State Senate passed S1326 on March 9, 2026 by a vote of 30 to 5. We have assigned pluses to the ayes because this legislation protects private property from warrantless government intrusion, and reinforces the Fourth Amendment's safeguards against unreasonable searches. These protections apply to federal officers as well as state and local officials—and federal domestic law enforcement is not authorized under the Constitution. Requiring federal agents to coordinate with locally accountable law enforcement also helps preserve the independence and authority of local authorities. While the legislation's language is not perfect, it is a step in the right direction. Government employees should not be permitted to enter private land without the owner's consent or a valid warrant.
