The Pennsylvania Supreme Court heard arguments Wednesday on a case that challenges a game warden's ability to enter and search private lands without a warrant.
The lawsuit was filed by two private hunting clubs, and the hunters say they've felt "harassed" and "invaded" by game wardens snooping around their property. In most U.S. states, game wardens have this power under the Open Field Doctrine. This long-standing legal principle permits state and federal law enforcement to monitor and surveil private lands without a warrant or probable cause, and says that these activities do not constitute unlawful searches and seizures under the 4th Amendment. It applies to all private lands except occupied homes and buildings and the “curtilage,” meaning the property immediately surrounding those buildings. The lawsuit that was heard in the State Supreme Court Wednesday challenges that idea.
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