§ 1-116. Search of real property.
A. Law enforcement officers have the authority to enter real property to determine if wildlife was taken in violation of this Act to the fullest extent allowed under the Osage Nation Constitution and the Indian Civil Rights Act, which governs searches and seizures.
B. Law enforcement officers are authorized to enter real property without a warrant under various conditions, including but not limited to the following situations:
1. An officer is lawfully present where an item is in plain sight and the officer has probable cause to believe the item is contraband, stolen property, or the item is evidence of a violation of this Act; or
2. The landowner does not maintain a reasonable expectation of privacy in the area even if “No Trespassing” signs are posted. Such areas generally include pastures, open water, open fields and woods; or
3. Exigent circumstances exist where an officer conducts a lawful search justified by the officer’s need to investigate the officer’s reasonable belief that a crime is being committed or that this Act is being violated. ONCA 17-30, eff. Apr. 26, 2017.