Rating: –1

Bill Summary:

House Bill 187 creates new statutory requirements mandating that individuals placed on felony probation or released on parole in Idaho must waive their Fourth Amendment rights as a condition of their supervision. Specifically, the bill requires probationers and parolees to consent to warrantless searches of their person, home, vehicle, and even electronic devices at any time, with or without cause. This applies to law enforcement officers, probation officers, and parole officers. The waiver must be acknowledged in writing, and refusal to consent makes an individual ineligible for probation or parole.

The bill also amends Section 20-1007 to add similar language for parolees and includes a caveat that such searches must not be conducted “for the sole purpose of harassment.” The act takes effect July 1, 2025.

Reason for Rating:

H0187 mandates a blanket waiver of constitutional protections as a condition of probation or parole, creating serious concerns under the Idaho Republican Party Platform, which defends individual liberty, due process, and constitutional rights. While supervision conditions for convicted individuals can be stringent, this bill unnecessarily codifies an expansive government power to search private property—including phones and digital devices—without cause or warrant. Such broad language undermines the principle of limited government and opens the door to abuse, particularly in the realm of digital privacy.

Rather than focusing on individualized risk assessments or judicial discretion, this bill imposes an inflexible and sweeping mandate, contrary to both conservative legal values and constitutional restraint. For these reasons, HB 187 earns a –1 rating.