State officials in Tennessee cannot conduct warrantless searches of private, the Court of Appeals of Tennessee ruled unanimously on May 9. The ruling applies to private land under “actual use” via fencing, farming, posting, gating, hunting, fishing, camping, or other activities.
The ruling backed a circuit court ruling in favor of Benton County landowners Terry Rainwaters and Hunter Hollingsworth. The pair sued the Tennessee Wildlife Resources Agency (TWRA) after game wardens entering their posted land and installed trail cameras for surveillance purposes.
Judge Jeffrey Usman wrote: “TWRA’s contention is a disturbing assertion of power on behalf of the government that stands contrary to the foundations of the search protections against arbitrary governmental intrusions in the American legal tradition, generally, and in [Article I, Section 7 of the Tennessee Constitution], specifically.”
“TWRA’s abuse of power had to stop,” Hunter Hollingsworth said. “For as long as I can remember, these officers have acted like a law unto themselves. But nobody—not even a game warden—is above the Constitution, and yesterday’s decision makes that crystal clear.”
“This decision has been a long time coming. For too long, TWRA officers have treated my private land like public property,” Terry Rainwaters added. “But in Tennessee, our land means something to us. It’s part of who we are.”
TWRA contended warrantless searches were legal under the federal Open Fields doctrine. In 1924, SCOTUS held the Fourth Amendment to the U.S. Constitution does not protect land beyond the home and its immediately surrounding area. The Court reaffirmed the doctrine in 1984 when it held that landowners have no “reasonable expectation of privacy” on any land considered to be an “open field.”
Rainwaters and Hollingsworth were represented by the Institute for Justice (IJ). “Fortunately, the Tennessee Constitution provides greater protection than what the U.S. Supreme Court currently says about the Fourth Amendment,” said Robert Frommer, IJ senior attorney.
“This decision is a massive win for property rights in Tennessee,” Joshua Windham said. “TWRA claimed unfettered power to put on full camouflage, invade people’s land, roam around as it pleases, take photos, record videos, sift through ponds, spy on people from behind bushes—all without consent, a warrant, or any meaningful limits on their power.”
TWRA has 60 days to appeal the decision to the Tennessee Supreme Court.
Currently, there are three other Open Fields cases pending in Louisiana, Pennsylvania, and Virginia.
(For more, see Power vs. Privacy: Landowner Sues Game Wardens, Challenges Property Intrusion)
