Game wardens must have a warrant to conduct surveillance on private land and may not rely on the power of the federal Open Fields doctrine.
On March 22, 2022, the Benton County Circuit Court declared trespassing and surveillance by Tennessee Wildlife Resources Agency (TWRA) personnel on private property as illegal, according to the Tennessee Constitution.
As a backdrop to the Court’s decision, Benton County landowners Terry Rainwaters and Hunter Hollingsworth sued after TWRA disregarded “No Trespassing” signs by entering and installing trail cameras on private farmland and hunting ground.
Relying on the latitude of the federal Open Fields doctrine, TWRA contended its warrantless searches were permissible, but the Circuit Court ruled that game warden actions violated the Tennessee Constitution.
The Institute for Justice (IJ) spearheaded the Rainwaters-Hollingsworth lawsuit against TWRA. “For too long, TWRA officers have treated private land like public property—entering without permission, spying on people without a warrant, and doing it all with no meaningful oversight,” explains IJ Attorney Joshua Windham.
“The court’s decision to declare TWRA’s constant overreach and abuse of authority unconstitutional is restoring my faith in the justice system,” says Hollingsworth.
“It’s a great relief to have the court recognize that searching my property without permission and without a warrant was unconstitutional,” adds Rainwaters. “It’s even better to hear that the court doesn’t believe anyone else in Tennessee should have their rights violated in the same way.”
TWRA has 30 days to appeal the decision to the Tennessee Court of Appeals.
Despite the Circuit Court’s ruling, Open Fields power remains in place for federal officials. The Rainwaters-Hollingsworth case is the first major victory for IJ’s Project on the Fourth Amendment. IJ is currently defending two Pennsylvania hunting clubs challenging warrantless searches of private property.
(For more, see Government Cameras Hidden on Private Property? Welcome to Open Fields and Hunting Club Lawsuit Challenges Power of Government Surveillance on Private Land.)
