PA Supreme Court rules in favor of property rights

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Dear John,

Today, IJ secured a unanimous victory ([link removed] ) against warrantless searches and surveillance before the Pennsylvania Supreme Court!

For years, the Punxsutawney and Pitch Pine hunting clubs in Clearfield County took extensive steps to protect their privacy and property rights. They gated and locked entrances, clearly marked property lines, and posted “No Trespassing” signs throughout their land.

But Pennsylvania wildlife officers continuously ignored the signs. Relying on a previous state supreme court decision granting them unlimited access to private land, officers entered the clubs’ property without consent, warrants, or evidence of wrongdoing to search for possible hunting and other violations and to interrogate club members.

The officers believed they could treat private land like public property because of the so-called open fields doctrine, which holds that private land outside of one’s home or the area immediately surrounding it deserves no Fourth Amendment protection from unreasonable searches.

Today, the court unanimously recognized that doctrine as wrong, overturned its previous decision that had adopted the open fields approach, and affirmed that government officials must obtain a warrant before entering private property.

This decision restores a fundamental principle: When property owners close their gates, mark their boundaries, and tell the government to keep out, officials can’t ignore them.

Pennsylvanians can now enjoy greater security in their land and freely use their private property without officers, agents, and officials intruding whenever they please.

And we are just getting warmed up on challenging the open fields doctrine in states that have embraced it. An appellate court in Tennessee recently rejected it due to IJ’s litigation and now the highest court in Pennsylvania has followed suit.

Thanks to our supporters, IJ can defend the right of every American to feel safe and secure on their own property in every state where that right is under threat. Join our fight with a donation today. ([link removed] )

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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