Despite having a "No Trespassing" sign, your private property might still be subject to searches without a warrant.
On Wednesday, Two hunting clubs in Clearfield County addressed the Pennsylvania Supreme Court to advocate for the safeguarding of all private property rights.
When you're out there, it feels like a personal space where you can relax without constantly looking behind you," explained Frank Stockdale from the Punxsutawney Hunting Club. He shared this thought shortly before addressing the Pennsylvania Supreme Court. "The next moment, though, there could be a game warden nearby or even someone snapping a photo of you.
Together with members of the Pitch Pine Hunting Club and lawyers from the Institute for Justice, he is taking legal action against the Game Commission aiming to repeal an outdated regulation.
RELATED | The court has ruled against two Pennsylvania hunting clubs that sued the Game Commission due to surveillance; they plan to appeal.
Josh Windham, an attorney, stated, "Approximately ninety percent of all land in Pennsylvania lacks protection under the state constitution at this time."
Even though you may believe your private property is safeguarded against unwarranted searches, areas not directly adjacent to your house or structure fall under the Open Fields Doctrine. This doctrine circumvents the Fourth Amendment, permitting officials totrespass and conduct surveillanceonprivate lands without a warrant. According toStockdale, thisis preciselywhat occurredat hishuntingclub.
"[The Game Commission] installed a camera at the Punxsutawney Hunting Club’s property to monitor the members who snapped hundreds of pictures before eventually removing it. This was done entirely without their permission, without obtaining a warrant, and without establishing probable cause," stated Windham.
On Wednesday, the Institute for Justice presented arguments before the Pennsylvania Supreme Court advocating for the reversal of a 2007 decision that supported the open fields doctrine. Should the court rule in support of the hunting clubs, all privately owned lands would become eligible for constitutional protections within the state.
"I am hopeful for our success here, and I believe that every landowner as well as those who cherish their personal properties should also wish for our success," stated Stocksdale.
Following years of litigation on this case, the attorneys from the Institute for Justice express cautious optimism regarding the upcoming ruling, estimating that it will take several months to be issued.