Warrantless searches of private property in Pennsylvania are ruled unconstitutional

HARRISBURG, Pa. (WTAJ) — A years-long legal battle over private property has come to an end, and the Pennsylvania Supreme Court ruled in favor of two local hunting clubs.

On Tuesday, May 21, the PA Supreme Court ruled against “100 years of precedent” from 1924 (open fields doctrine), which allows warrantless searches on private land. The law effectively made all private land public to government officials without needing a warrant.

The Court cited the Constitution as it relates to open fields and any landowner with a reasonable expectation of privacy who took steps to exclude intruders in Pennsylvania.

In explaining its decision, the court wrote:

“[We] hold that Article I, Section 8 provides Pennsylvania citizens with greater protection than the Fourth Amendment to the United States Constitution as it relates to the open fields of any landowner that has demonstrated a reasonable expectation of privacy by taking sufficient steps to exclude intruders therefrom. Accordingly, the Commission’s officers, employees, and representatives, as well as any other government officials, must obtain a warrant based upon probable cause or satisfy one of the recognized exceptions to the warrant requirement before entering such property. For these reasons, we reverse the Commonwealth Court’s order.”

“We believe that society is both prepared and willing to protect a landowner’s expectation of privacy in his/her affairs conducted on his/her private land located beyond the curtilage as reasonable and legitimate when such landowner has taken sufficient steps to notify members of the public that the land is private and that they should not trespass thereon.”

The battle began when the Punxsutawney and Pitch Pine hunting clubs went to court over the Pennsylvania Game Commission sending officers onto their private club land without a warrant, regardless of the reasoning, and violating private property rights. After a years-long battle, final arguments were made in April.

The hunting clubs were represented by the Institute for Justice. Senior Attorney Josh Windham argued that Pennsylvania’s constitution should treat private land as important.

“The issue was, should Pennsylvania’s constitution reject that idea?” Windham said. “Should Pennsylvania’s constitution treat private land as important and deserving of protection from unreasonable government intrusions?”

On the other hand, PA Deputy Attorney General Anthony Kovalchick argued the law allows for these kinds of searches, saying that rejecting that fact would be ignoring “over 100 years of precedent.” He believes the game wardens have the right to enter the hunting club’s private property as part of their job, no warrant required.

After more than three months, the Supreme Court ruled 7-0 and gave the hunting clubs a victory against the open fields doctrine and warrantless searches.

“Today, 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. If government officials want to invade your posted land without your consent and spy on you, they need to get a warrant,” Windham said in a release. “By restoring that foundational protection, the court bolstered the property and privacy rights of millions of Pennsylvanians—and sent a warning to officials across the country who still believe they can invade private land at will: Watch your step.”

Frank Stockdale, President of the Punxsutawney Hunting Club, touted this as a victory for all Pennsylvania landowners, saying the court honored the privacy that club members have enjoyed for generations.

Jeff Fink, president of the Pitch Pine Hunting Club, added: “I spent most of my career in law enforcement. And one thing that every good police officer knows is that there is no law higher or more important than the Constitution. For years, the Pennsylvania Game Commission has acted as if it’s above the law, invading our land and spying on our members whenever it pleases. We now know the Pennsylvania Constitution forbids that, and thank goodness.”

It’s unknown at this time how the Pennsylvania Supreme Court’s ruling could affect other states via their own courts.

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