Pa. Supreme Court Rules that Government Officials Must Have a Warrant to Enter Private Hunting Lands
The court said the Pennsylvania Constitution gives landowners greater privacy protection and requires probable-cause warrants or exceptions before entry.
- On Tuesday, the Pennsylvania Supreme Court unanimously ruled that Pennsylvania Game Commission officers must obtain warrants based on probable cause before entering private property, overturning the "open fields" doctrine in place for nearly 20 years.
- The 7-0 decision resolves a constitutional challenge brought by Punxsutawney Hunting Club and Pitch Pine Hunting Club, which argued that warrantless searches on their Clearfield County properties violated state privacy protections.
- Justice Kevin Brobson noted that PGC officers entered the clubs' land at least 15 to 22 times since 2013, including placing a trail camera on Punxsutawney's property for 78 days to develop probable cause.
- Game Commission press secretary John Buffone stated the agency is "disappointed in the outcome of this case," but respects the court's decision and will comply with the new constitutional standards for enforcement.
- Pennsylvania joins six other states where courts have rejected the 1924 "open fields" doctrine, with the ruling affirming that private land is not public property when owners take sufficient steps to exclude intruders.
16 Articles
16 Articles
Pa. Supreme Court rules that government officials must have a warrant to enter private hunting lands
Pennsylvania Supreme Court has unanimously ruled that government officials, including Pennsylvania Game Commission officers, can no longer enter private hunting lands without a warrant.
Pennsylvania Court Rules in Favor of Hunting Clubs, Against Game Warden Surveillance on Private Property
A lawsuit pitting private-property rights against game law enforcement in Pennsylvania wrapped up Tuesday when the State Supreme Court ruled that warrantless searches of rural properties are unconstitutional. As we reported when oral arguments were heard last spring, two Pennsylvania hunting clubs sued the Pennsylvania Game Commission after game wardens repeatedly entered their posted private lands without warrants or probable cause. This is a c…
Pa. Supreme Court, siding with local hunting clubs, rules searches on private land require warrant
The Pennsylvania Supreme Court, on Tuesday, July 21, ruled in favor of two area hunting clubs in determining searches by state government agents on posted private land require a warrant.
Pennsylvania Capital-Star
Tioga PublishingState Supreme Court rules warrantless searches by Pa. game officials are unconstitutional
Conemaugh River running through the remnants of the South Fork Dam used to create a man-made lake for the South Fork Fishing and Hunting Club. ( karenfoleyphotography/Getty Images)Property owners have a greater right to privacy on their land under the Pennsylvania Constitution than under the U.S. Constitution, the state Supreme Court ruled Tuesday. The decision is in favor of a pair of western Pennsylvania hunting clubs. They challenged the cons…
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