Home Forums Hunting & Shooting Hunter's Campfire Game Wardern's "Open Fields Doctrine" Ruled UNCONSTITUTIONAL

https://www.agweb.com/news/policy/p...-private-property-ruled-unconstitutional

I see both sides but let them get a warrant if there is a need...

GOOD!

I agree!

Me too

The 4th Amendment applies to ALL law enforcement.

I haven't given the Institute for Justice any money yet but they are on the list. They are doing some really good work and pay attention to where their money is coming from.

Institute for Justice Link

Word.

Just a lower TN court.

Will the possum cops accept this, or appeal?




It's a battle won, but they are only important in the context of having
not lost. And being dead in the water. The appeals court could blow
this up.

What part of "shall not infringe" do you not understand?!

What part of "PRIVATE PROPERTY" do you not understand?!

Dadgum guvmint thinks they own everything.

The problem is the government has unlimited funds to fight you with. Isn’t it great when your own money is used against you?

Exactly and true of all government lawyers/prosecutors. They get paid to fight you with zero ramifications if they lose. You pay out of pocket to fight them and potentially lose everything.

I think that if I had found cameras on my property that I would have taken some of that pre-colonoscopy juice, brewed a good one, backed up to the camera and projectile shat all over it.

I see that was in Tenn. Is there any reason it shouldn't be applicable nationwide?
Game Wardens routinely overstep what should be boundaries for them here.

glad they ruled the way they did,

I don't know if this is the case I'm thinking of or not, but I recall reading about some farmer in TN who found strange cameras on his property, took them down, and the TN authorities rained down all kinds of crap on him.

Absolutely ridiculous. Hope their appellate courts back up the trial court.

That was a local court ruling. If Tennessee law works the way it does here that ruling is only good for that case and jurisdiction. In our state we had a wealthy landowner that was butt hurt over the game wardens busting his adult sons and kin for an absurd over limit of wood ducks. He later sued the agency for trespass concerning another incident when agents entered his property in the parish (county) court and got a judgement for money damages. He was wealthy and greased the politicians and even his local game agents. The local agents were given free exclusive hunting privileges on tracts of land.

The Wildlife Department didn't take it lying down and the rich landowner was laughed out of court on appeal.

Louisiana agents can still legally enter private land if they believe they have probable cause.

Stay tuned, we'll see if this "home cooking" judgement sticks.

Trespassers should be shot on sight. Simple.

👍

Cameras on my property that I didn't put there must belong to poachers, right? They don't work so well once a few .30-06 rounds go through them.

Check out Cason v. Louisiana State Department of Wildlife and Fisheries. Decided 7-15-2009. #44,474-CA. The state supreme court concurred and rejected the appeal of the landowner.