ODNR requiring warrant for taxidermy shops

Group prompted policy with federal lawsuit

An organization that filed a federal lawsuit challenging searches conducted by Ohio Department of Natural Resources officers says its action has prompted a statewide policy change.

ODNR issued a new policy on Monday that requires wildlife officers to obtain a search warrant if the operator of a taxidermy or wild-animal meat processing business does not consent to a search.

The new policy, issued by ODNR’S Division of Wildlife, states: “Wildlife officers may conduct inspections for proper records only with the consent of the non-licensed entity involved. If consent is not received, an officer shall obtain a search warrant.”

ODNR could not immediately provide a response to the release issued Friday by the Institute of Justice, which filed a lawsuit in November in U.S. District Court in Columbus on behalf of a Hocking County taxidermist and deer processor.

Jeremy Bennett, whose business is located on his property in Logan, alleges that state wildlife officers for years have entered and searched his operation “for hours on end, all without consent or a warrant.”

Ohio places few regulations on taxidermists or deer processors, according to the suit, but does require them to keep records of the animals they take in.

The lawsuits alleges that wildlife officers have used the requirement as an excuse to conduct warrantless searches at his property that “have become increasingly intrusive and open-ended.”

ODNR filed criminal charges against Bennett when he refused to give officers consent for a search last year, he contends.

The lawsuit argues that ODNR’S actions are a violation of the Fourth Amendment, which prohibits unreasonable searches.

jfutty@dispatch.com