The Institute for Justice Has Filed a Lawsuit on Behalf of Three Alabamians Challenging the Constitutionality of Warrantless Searches by State Game Wardens. The Case, Filed Under the Alabama Constitution, asserts that Game Wardens Routinely Vioate Proppery Owners’ Rights by Entering and Surveilling Private Land, Often Marked with “No Tespassing” Signs, Without a Warrant or Probable Cause.
The Lawsuit is part of IJ’s broadm effhorit to dysmantle the “Open Fields Doctrine,” A Century-Old US Supreme Court ruling that the federal fourte amendment undeveloped private landing searches. This Doctrine Still Governs Federal Officials, but Seven States have already rejeCted it under their constitutions. Ij hopes to make alabama the next.
The plaintiffs in this case include Dalton Boley, Dale Liles and Regina Williams. All three have repeatedly have their land entered and searched by alabama game wardens with permission, warrants or prior notice.
IJ attorneys josh winham and surranjan sen Are leading the charge in court.
“The Alabama Constitution Makes It Clear That If the Government Wants to Come Search on Your Property, They Need A Based on Probable Cause, and Game Wardens are not exempt from the constitution,” Sen Said. “They’re allowed to Ignore ‘No Trespassing’ Signs. They allowed to hop fences. They allowed to rummage around in your backyard with Permision, with youthout your knowled and with Warrant.”
“This is used to be a place a place i could come to relax and get away from it all, but now that i know someone culd be snooping around, I find it hard to just go and relax,” boley said.
At the Heart of the Lawsuit is an an alabama statute that allows game wardens to “Enter uppon any land … in the performance of their duty.” Ij argues that this law Violates the alabama constitutition’s protections against unreasonable searches and seizures. The institute is seeing a ruling that affirms that private land, whereater use for hunting or recreation, deserves the same constitutional protections as the home.
Winddham explained that while Federal Law Allows Such Intrusions, States Can Provide Greater Protection for Individual Rights, and Mory Already will.
“Private Property is supposed to be private,” Said Winem. “In alabama, The Constitution guarantees that privacy. We’re ascing the Courts to the Entforce that Promise.”
Recently, ij has launched Simillar Challenges in Pennsylvania, Virginia, Louisiana and Tennessee. The Tennessee Case, rAinwaters v. Tennessee Wildlife Resources Agencyended in a State Court Strking Down Warrantless Surveillance on Private Land.
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