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- Date: Sat, 14 Apr 2001 07:05:18 -0700 (PDT)
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http://www.ashevilletribune.com/state_legislature_to_allow_searc.htm
State legislature to allow searching of cars, people without warrants NC
bureaucrats given authority to kill animals without owner's consent,
Constitution suspended.
A North Carolina bill that would allow a search of individuals or vehicles
on public or private roads by the state veterinarian or an authorized
representative, without a warrant, has now become law.
The bill, S.799, was enacted because of the threat of foot-and-mouth
disease and any other contagious animal disease.
According to the bill, the state veterinarian must consult with the North
Carolina Commissioner of Agriculture and get the permission of the
governor before taking any action under the new law.
However, the law also states that the state veterinarian does not even
need to have a reasonable suspicion that the person or vehicle is carrying
a diseased animal. He can stop persons or vehicles to determine whether
they are carrying a diseased animal.
State Senator Charles Albertson (D-5th), who sponsored the bill, when
asked if he had a problem with the constitutionality of the law, told the
Asheville Tribune "No, I don't. In this case I think it's warranted and
justified."
"If you think there are animals that's moving through the countryside, or
any means of conveyance this virus could travel on, you can't wait to go
get a court order before you need to take action," Albertson stated.
This is a serious threat to animal agriculture, to the economy of this
state, and you have to take, I think, extra ordinary measures to make sure
you do everything to prevent it.
Asked if he thought that the threat was serious enough to suspend the
Fourth Amendment of the U.S. Constitution, Albertson said, "Yes, I do.
There is a great public concern here."
Asked if it was more important for the people to be secure than for them
to have rights, Albertson said, "I think, in this case, it may be
justified." The bill stops short of allowing the state veterinarian, or
his representatives, to enter private property other than a private road.
The bill states, "If the person refuses to consent to the entry and
examination after the State Veterinarian or an authorized representative
has notified, in writing, the owner or person in whose custody the animal
is found, of the intention to enter the property and conduct the
examination, the State Veterinarian or an authorized representative may
petition the district court in the county where the animal is found for an
emergency order authorizing the entry and examination."
Senator Charles Carter (D-28th) said that he was not concerned that there
were any constitutional problems with the bill, but does think if there
were "the judicial system would throw it out."
According to Albertson, the vote in the Senate was unanimous, with only
two descenting votes in the house. Albertson says the response from the
state's animal industry has been positive. "I think everyone is pleased
with it." The law is set to expire April 1, 2003.
You can contact Senator Charles Albertson at:
136 Henry Dunn Pickett Road
Beulaville, NC 28518
or by calling (910) 298-4923.
This report was filed by Clint Parker of the Asheville Tribune.
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