This article originally appeared on WND.com
Guest via post by Bob Unruh
“Both times they left without mentioning”
Louisiana state agents and government agencies have been cited for searching private property without the owner’s permission.
While many assume that the U.S. Constitution protects property from “unreasonable searches and seizures,” a Supreme Court decision from a century ago says private land is not included.
It’s called the “open field” doctrine, and agents use it to enter the property whenever they want.
However, some states, including Louisiana, have higher standards built into their state constitutions.
And this is precisely the focal point of the new litigation that the Institute of Justice is dealing with.
“Tom Manuel owns land that he uses to grow timber commercially, as well as for recreation. In December, at two separate times, Louisiana Department of Wildlife and Fisheries (LDWF) game wardens entered Tom’s land without permission looking for possible hunting violations. Both times they left without citing,” the legal team explained.
“The warrantless and unauthorized searches by state law enforcement struck Tom as a violation of his rights. The Louisiana Constitution states in stark terms that “property” must be protected from “unreasonable searches.” . . or invasions of privacy.” There is no exception for any government official. Now, Tom is suing the LDWF at the Institute for Justice (IJ), which protects property rights nationwide and has several similar lawsuits elsewhere States”.
James Knight, an IJ attorney, explained: “The Louisiana Constitution protects all ‘property’ from warrantless searches, and that includes land. This may seem obvious, but misleading U.S. Supreme Court precedents have convinced state officials that they can encroach on private land at will. This case seeks to put an end to that and restore the constitutional protections Louisiana landowners deserve.”
In neighboring Mississippi, the state’s highest court has already ruled that state officials cannot invade private land without a warrant. Other states taking the same position include Montana, New York, Oregon, South Dakota, Washington, Vermont and Tennessee.
The “open fields” ideology is used not only by game wardens but also by police, inspectors, code enforcement officers, immigration officers and others.
The lawsuit supports a commonsense view of property rights in Louisiana.
“I believe the Louisiana Constitution should mean what it says. While it is important to maintain state hunting laws, constitutional limits on government power should also be respected. Wildlife protection can be accomplished without trampling on our privacy and property rights. From my experience managing land in both Louisiana and Mississippi, I have seen that wildlife can thrive where the government must respect property boundaries,” the landowner said.
Cases making similar arguments are also now pending in Pennsylvania and Virginia.