Tennessee Judges Declare Warrantless Searches on Private Land Unconstitutional

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Tennessee Judges Rein in Game Wardens, Declaring Warrantless Searches on Private Land Unconstitutional

Tennessee game wardens can no longer enter private property without first obtaining a search warrant, according to a recent court decision.

www.outdoorlife.com

 

[Yota]

Bring a warrant or GTFO

Applies to more than just possum cops.

 

[mike243]

The folks laughing the loudest probably have the most to worry about getting caught doing something wrong, time will tell and other methods are normally found to deal with a problem, maybe over harvest will shrink deer numbers till seasons have to be reduced along with quotas. I don't look at it as a win for the honest hunters YMMV

 

[DaveTN]

B

Thread 'TWRA ruled against - AGAIN!'

May 13, 2024

Has anyone noticed that TWRA was told AGAIN to stay off private property without a warrant? In a second punishing judgement against their attempts at government overreach into the private lives of citizens the Tennessee state appeals court just unanimously told TWRA to get a warrant before they quietly (and without notice) put up surveillance cameras in people's backyards. This will soon be big national news as it is being watched by other F&W agencies nationwide and is now being covered by:

Tennessee Media...

• BigJohnJTP
• Replies: 105
• Forum: Deer Hunting Forum

• 

 

[Spurhunter]

The folks laughing the loudest probably have the most to worry about getting caught doing something wrong, time will tell and other methods are normally found to deal with a problem, maybe over harvest will shrink deer numbers till seasons have to be reduced along with quotas. I don't look at it as a win for the honest hunters YMMV

No deer trumps the Constitution. Poachers are going to poach. I'm not giving up my rights.

 

[Headhunter]

The folks laughing the loudest probably have the most to worry about getting caught doing something wrong, time will tell and other methods are normally found to deal with a problem, maybe over harvest will shrink deer numbers till seasons have to be reduced along with quotas. I don't look at it as a win for the honest hunters YMMV

Huge win for the honest hunters (and fishermen). There is no reason for them to have more power than most any other law enforcement agency. The open fields doctrine was created for moonshiners, had nothing to do with hunting or fishing. Also when the TWRA states, in open court, the ONLY reason they need to go anywhere they want to, conceal themselves in anyway they wish, stay as long as the TWRA itself decides to, and other crazy unconstitutional things the TWRA stated, and the only reason they need to do that it to think that hunting is taking place, that is WRONG! Not that they believe laws are being broken, they have probable cause, or they have a tip, all the TWRA needs is to think hunting is taking place, then they can do just about anything they want. That is WRONG!

 

[Spurhunter]

Furthermore, how many of you have called in tips to your local GW that were never followed up on? I've read it on here a thousand times. If the GWs don't have time to follow up on credible tips called in by hunters in the area, they certainly don't have time to violate my rights.

 

[DaveTN]

Huge win for the honest hunters (and fishermen). There is no reason for them to have more power than most any other law enforcement agency.

I wasn't a cop in this state, but I didn't need a warrant to check private property if I thought someone was going on, I did it all the time. Does a cop in Tennessee need a warrant to drive on private property?

This isn't going to turn out good for anyone. But the agents that did that knew what they were doing was wrong when they did it. What ever happened to them?

 

[Spurhunter]

I wasn't a cop in this state, but I didn't need a warrant to check private property if I thought someone was going on, I did it all the time.

I'm not a lawyer, but I thought that exception pertained to things like LEO hears woman screaming inside building, LEO sees a robbery in progress. Is that not accurate? You saw these kind of exceptions "all the time"?

 

[mike243]

I would not be ok for electronic surveillance without a warrant but walkin should be allowed imo. Some might think big win for honest sportsman but it's a big loss for wildlife and a big win for folks not following the game laws. keep cheering all who have had tickets before, wont make any difference to me and those following the law

 

[Remi]

I would not be ok for electronic surveillance without a warrant but walkin should be allowed imo. Some might think big win for honest sportsman but it's a big loss for wildlife and a big win for folks not following the game laws. keep cheering all who have had tickets before, wont make any difference to me and those following the law

You legit think it's ok for law enforcement to trespass? Lol


That's hilarious



Why stop at law enforcement? I'm honest, I swear, I'll just go walk around all your spots looking for illegal stuff. Citizens arrest, citizens arrest!

 

[Spurhunter]

keep cheering all who have had tickets before, wont make any difference to me and those following the law

Ahhh yes. The old "if you don't want to give up your privacy and private property rights, you must have something to hide" line. I just wish once you guys that love govt intrusion would come up with something new. I've never had a ticket, and I follow the law. As a matter of fact, I gave the local game warden written permission to come on my property anytime, in case we catch trespassers/poachers on camera. But that was my choice. You can do the same.

 

[mike243]

You think it's ok to break game laws? coming into somebody's house is 1 thing but walking through their woods is a lot different, like I have stated they will find a way around this, maybe camp out at the main road who knows but time will tell.

 

[Remi]

You think it's ok to break game laws? coming into somebody's house is 1 thing but walking through their woods is a lot different, like I have stated they will find a way around this, maybe camp out at the main road who knows but time will tell.

It's not ok to break game laws, it's also not ok to trespass.


It's like they're both laws or something, weird.


No one said it's ok to break game laws and to insinuate otherwise is crazy.

 

[Spurhunter]

coming into somebody's house is 1 thing but walking through their woods is a lot different

Why? Private property is private property.

 

[DaveTN]

You legit think it's ok for law enforcement to trespass? Lol

Absolutely. It's done every day, millions of times a day. That's what District Patrol does. If I saw someone creeping around your property, I would enter your property and find out who they are and why they are there. I even had letters of commendation from the department and letters from private citizens for catching burglars on their property.

If I suspected them of a crime and wanted to put a camera on their property: I would need a warrant to do that. Those TWRA agents knew that when they did it. Now everyone gets to pay for their mistakes.

 

[knightrider]

If i need you, i will call you!

 

[Remi]

Absolutely. It's done every day, millions of times a day. That's what District Patrol does. If I saw someone creeping around your property, I would enter your property and find out who they are and why they are there. I even had letters of commendation from the department and letters from private citizens for catching burglars on their property.

If I suspected them of a crime and wanted to put a camera on their property: I would need a warrant to do that. Those TWRA agents knew that when they did it. Now everyone gets to pay for their mistakes.

So district patrol parks their cars and walks through people fenced in yards for the hell of it millions of times a day?


That's more along the lines of what's being discussed here.

 

[Remi]

If i need you, i will call you!

Correct

 

[DaveTN]

So district patrol parks their cars and walks through people fenced in yards for the hell of it millions of times a day?
That's more along the lines of what's being discussed here.

Sure. If they think they see something they want to go check out. I can't count the number of times I've done it. If you think you might have a burglar, you sometimes can't drive in on them, you must park and quietly walk in on them.

A few months ago I noticed I had notifications on my cameras from the night before. Around midnight flashlights were being shined all over my neighbors yard. Then an Officer in Uniform appeared in my driveway. I assume they were chasing someone. I never did find out why they were there. But I sure didn't feel like my rights had been violated.