Resolve, Regarding Searches of Curtilage by Certain State Agencies
Maine Legislature, Session 121, LD 1246
Committee Amendment CA_A_H489 (House)

COMMITTEE AMENDMENT "/I,, to H.P. 920, L.D. 1246, "Resolve, 
Regarding Searches of Curtilage by Certain State Agencies" 
Amend the resolve by striking out the title and substituting 
the following: 
'Resolve, 
Reqardinq 
Searches of Curtilage by Certain State 
Aqencies and Local Code Enforcement Officers' 
Further amend the resolve by striking out everything after 
the title and before the summary and inserting in its place the 
following: 
, Sec. 1. 
Uniform standards regarding searches of curtilage. 
Resolved: 
That the Department of Environmental Protection, the 
Department of Conservation and the Department of Inland Fisheries 
and Wildlife shall review their policies and procedures regarding 
searches of private property, 
including curtilage, 
and shall 
adopt written policies and procedures approved by the Attorney 
General 
governing 
searches 
of 
private 
property, 
including 
curtilage, 
that 
conform 
to 
the 
prohibition 
on 
unreasonable 
searches and seizures in the United States Constitution Amendment 
IV. 
The 
Executive 
Department, 
State 
Planning 
Office 
shall 
include in the training for municipal code enforcement officers 
required under the Maine Revised Statutes, Title 30-A, section 
4451 written policies and procedures approved by the Attorney 
General 
governing 
searches 
of 
private 
property, 
incl uding 
curtilage, 
that 
conform 
to 
the 
prohibition 
on 
unreasonable 
searches and seizures in the United States Constitution Amendment 
IV. 
The Attorney General shall report by January 15, 2005 to the 
joint standing committee of the Legislature having jurisdiction 
over judiciary matters on the written policies and procedures 
required pursuant to this section.' 
Page l-LR0700(2) 
COMMITTEE AMENDMENT 
,.,. S. 
COMMITTEE AMENDMENT ·ft .. to H.P. 920, L.D. 1246 
SUMMARY 
This 
amendment is the minority report. 
It replaces the 
resolve to require the Department of Environmental Protection, 
the Department of Conservation and the Department of Inland 
Fisheries and Wildlife to adopt written policies and procedures 
for searches of private property, including curtilage, 
that are 
approved 
by 
the 
Attorney 
General 
and 
that 
conform 
to 
the 
prohibition on unreasonable searches and seizures in the United 
States Constitution Amendment IV. 
This amendment also requires 
the 
Executive 
Department, 
State 
Planning 
Office 
to 
include 
written policies and procedures approved by the Attorney General 
for searches and seizures in the training that the State Planning 
Office establishes for municipal code enforcement officers. 
This 
amendment 
requires 
the Attorney 
General 
to 
report 
during the First Regular Session of the l22nd Legislature to the 
joint standing committee of the Legislature having jurisdiction 
over judiciary matters on the written policies and procedures 
required pursuant to this resolve. 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05112/03 ~ae 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1246 
Resolve, Regarding Searches of Curtilage by Certain State Agencies and 
Local Code Enforcement Officers 
LR0700(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0700(2) - Fiscal Note - Page 1 of 1