The House of Representatives has unanimously passed a bill that establishes guidelines on the way the Department of Environmental Management (DEM) conducts property searches.
The measure (2002-H 7269) establishes when DEM can search property without a warrant and when the department must secure a warrant before conducting a search.
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“This measure protects both the constitutional rights of our citizen and the environment,” said Rep. John Douglas Barr II, who co-sponsored the bill. “These guidelines will protect business and private property
owners from potentially unconstitutional search and seizures.”
Currently, DEM has broad authority to inspect private property — without a warrant — to ensure compliance with environmental laws. The authority applies to all administrative (civil) inspections, which the
department typically conducts 7,000 of annually.
