AFC suggests State falconry organizations push for language in their regulations to prohibit law enforcement officers (LE) from performing inspections after the initial facility and equipment inspection has been completed. This is a means to minimize the abuse of power by LE. In order to circumvent the legal system, as embodied in the 4th Amendment of the Constitution, LE may claim they want to "inspect" when they are actually performing a search and looking for offenses to cite or to pursue an arrest. This is illegal but unless you are wealthy, you have no recourse to a remedy. Of course, if law enforcement acquires a search warrant based upon probable cause, this is not at all objectionable.We propose States adopt the following language in their regulations:
(b) Falconry facilities on property the permittee does not own.
(i) A permittee's falconry facilities may be on property owned by another person where they reside, or at a different location.
Regardless of location, the facilities must meet the standards in paragraph (a) of this section.
(ii) Permittees must submit to the Department a signed and dated statement showing that the property owner agrees that the falconry facilities, equipment, and raptors may be inspected to determine compliance with these regulations without advance notice by non-law enforcement personnel (when no warrant has been issued) from the Department during business hours on any day of the week. Inspections must be in the presence of the permittee. No citation will be issued upon the initial inspection if a violation is discovered since this is not a search. If the violation(s) is/are not corrected by a follow-up inspection 30 days or more later, then a citation may be given at the discretion of the Department.
and
(i) Falconry facilities, raptors, equipment, and records inspections. Falconry raptor(s), facilities, equipment, and records may be inspected only in the presence of the permittee, during business hours on any day of the week by non-law enforcement personnel (when no warrant has been issued) from the Department in order to determine compliance with these regulations. However, no citation will be issued upon the initial inspection if a violation is discovered since this is not a search. If the violation(s) is/are not corrected by a follow-up inspection 30 days or more later, then a citation may be given at the discretion of the Department.