![]() The implications of this case, Windham said, are “far broader than just hunting.” “Legislators aren’t thinking too much about whether it’s Constitutional they’re thinking, ‘How do we make game wardens’ jobs as easy as possible?’”Īccording to Windham, when these laws were written into state Constitutions, “It’s crystal clear that the word ‘possessions’ encompassed real property, private land. “The property involved is just bigger, that’s basically the only difference,” explained Windham. This would be illegal in common law under “curtilage” provisions, but in the context of Open Fields Doctrine, it isn’t, and that’s what IJ is challenging. Windham gave the example of police hanging out in the bushes of a person’s fenced-in backyard, watching and waiting for the property owner to do something wrong and arrest him. They exercise that authority pretty regularly and without abandon.” There are no restrictions on when, where, or how they can enter, safety procedures, or if they have to make any record of it. “They basically have a blank check to come and go as they please. “Many states have variations of laws granting wildlife officers the authority to go on any property, posted or otherwise, outside of buildings, to enforce state hunting laws,” IJ Attorney Josh Windham told GPM. IJ has pending litigation challenging Tennessee’s Open Fields Doctrine and another lawsuit that’s active in Pennsylvania that, if successful, would protect private property owners from warrantless searches. These types of laws have been on the books for decades, but now, the Institute for Justice (IJ) is doing something about them. I’ve asked several friends I know who hunt if they’ve ever had a run-in with a game warden doing just that, and every hunter gave a light laugh and an eye roll and shared a story of a warden showing up unannounced to harass them about some perceived infraction. ![]() These laws say game wardens can enter private land without consent and without a warrant and roam around looking for evidence of violations. And it’s an all-too common occurrence in Tennessee, Pennsylvania, and other states with Warrantless Entry statutes. You look all around, and there you see it: an unknown camouflaged figure concealed in some foliage, stalking you. Picture this: you’re out hunting on private property, minding your own business, enjoying the silence and serenity of the great outdoors, but you feel something watching you.
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