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Not sure if you guys have been keeping an eye on this but it's huge. A three judge court in Tennessee ruled unanimously that Tennessee wildlife officers need a warrant to enter most private property in the state. This stemming from a lawsuit against their department of wildlife filed by a hunter where wildlife officers were sneaking on his property, installing trail cameras, watching him through binoculars and harassing him while hunting. He took one of the "trespassers" camera and they charged him with theft.
For a long time wildlife officers have relied on the supreme court ruling called the "open lands doctrine" which ruled that a persons right against illegal search doesn't apply to lands that are "Wild or waste lands" The three judge panel concluded that the open lands doctrine does not apply to property that is in active use, such as for hunting, fishing, farming, camping and land that is posted and gated. These properties are not considered "wild or waste land" When considering uses of real property other than as a home, there is nothing in the Tennessee Constitution that suggests a lesser regard for uses of property more common in rural areas than those more typical of urban or suburban areas.
The judge went on to say.
The TWRA searches, which it claims are reasonable, bear a marked resemblance to the arbitrary discretionary entries of customs officials more than two centuries ago in colonial Boston,” “The TWRA’s contention is a disturbing assertion of power on behalf of the government that stands contrary to the foundations of the search protections against arbitrary governmental intrusions in the American legal tradition, generally, and in Tennessee, specifically.
TWRA has since decided not to appeal the ruling after consulting with the state Attorney general meaning the ruling is affirmed.
tennesseelookout.com
reason.com
For a long time wildlife officers have relied on the supreme court ruling called the "open lands doctrine" which ruled that a persons right against illegal search doesn't apply to lands that are "Wild or waste lands" The three judge panel concluded that the open lands doctrine does not apply to property that is in active use, such as for hunting, fishing, farming, camping and land that is posted and gated. These properties are not considered "wild or waste land" When considering uses of real property other than as a home, there is nothing in the Tennessee Constitution that suggests a lesser regard for uses of property more common in rural areas than those more typical of urban or suburban areas.
The judge went on to say.
The TWRA searches, which it claims are reasonable, bear a marked resemblance to the arbitrary discretionary entries of customs officials more than two centuries ago in colonial Boston,” “The TWRA’s contention is a disturbing assertion of power on behalf of the government that stands contrary to the foundations of the search protections against arbitrary governmental intrusions in the American legal tradition, generally, and in Tennessee, specifically.
TWRA has since decided not to appeal the ruling after consulting with the state Attorney general meaning the ruling is affirmed.
Appeals court: Wildlife officers' warrantless searches of private property are unconstitutional • Tennessee Lookout
A Tennessee appeals court has ruled the Tennessee Wildlife Resources Agency warrantless searches violate the state and U.S. Constitutions.
tennesseelookout.com
Tennessee will not appeal ruling over wildlife agents planting cameras
While the decision is great news for Tennesseans, it's only the first step in reclaiming Americans' property rights against the open fields doctrine.
reason.com
