The Pennsylvania Supreme Court ruled game wardens cannot enter private property marked as no trespassing to conduct searches unless they have a warrant.

“The Pennsylvania Supreme Court affirmed that private land is not public property. It’s yours, and that means you get to decide who enters it," Joshua Windham, an attorney representing two private hunting clubs, told the Erie Times-News. “If government officials want to invade your posted land without your consent and spy on you, they need to get a warrant.”

The ruling is a blow for the Pennsylvania Game Commission (PGC), which cited what is called the open fields doctrine that allowed officials to monitor and search rural properties like privately owned forests and fields away from homes.

“While we are disappointed in the outcome of this case, the Pennsylvania Game Commission respects the court’s decision,” the state wildlife agency said in a statement. “The Commission is fully confident our law enforcement officers will execute their mission of protecting Pennsylvania wildlife and enforcing hunting laws within these new constitutional standards.  Laws protecting wildlife remain in place, and the residents of Pennsylvania can expect the PGC to remain committed to safeguarding the wildlife resource and serving the people of the Commonwealth.”

The two hunting clubs filed suit claiming PGC repeatedly entered private property over an eight-year period without probable cause warrants in search of violations.

According to Outdoor Life, Pennsylvania joins Mississippi, Montana, New York, Oregon, Tennessee and Washington as states that rejected the open field doctrine.

About Hunt 2 Conserve

Hunt 2 Conserve is a 501(c)4 nonprofit organization affiliated with the Rocky Mountain Elk Foundation. Its mission is to advance a legacy of hunting and conservation by educating, activating and developing stewards and defenders of these fundamentally American ideals. For more information, go to hunt2conserve.org.

(Photo credit: Chris Madsen)