
An appeals court in Tennessee has released a "massive win for property rights" in the state by affirming a lower court's decision that game wardens are barred from conducting warrantless searches of private property.
The announcement comes from the Institute for Justice, which fought the case on behalf of landowners Terry Rainwaters and Hunter Hollingsworth.
The Benton County landowners sued when the Tennessee Wildlife Resources Agency ignored their "No Trespassing" signs and entered their properties to install cameras.
The IJ explained, "The victory applies broadly to all private land Tennesseans have put to 'actual use,' whether by fencing, farming, posting, gating, hunting, fishing, camping, or otherwise."
"This decision is a massive win for property rights in Tennessee," said IJ attorney and Elfie Gallun Fellow in Freedom and the Constitution Joshua Windham. "TWRA claimed unfettered power to put on full camouflage, invade people's land, roam around as it pleases, take photos, record videos, sift through ponds, spy on people from behind bushes—all without consent, a warrant, or any meaningful limits on their power. This decision confirms that granting state officials unfettered power to invade private land is anathema to Tennesseans’ most basic constitutional rights."Bottom of Form
The Court of Appeals ruling, from Judge Jeffrey Usman, explained, "TWRA’s contention is a disturbing assertion of power on behalf of the government that stands contrary to the foundations of the search protections against arbitrary governmental intrusions in the American legal tradition, generally, and in [Article I, Section 7 of the Tennessee Constitution], specifically."
He said TWRA’s argument could be compared to warrantless searches conducted by British authorities that motivated the American Revolution. "Usman also rejected the idea that rural Tennesseans deserve any less protection against government intrusion than people in urban areas, explaining that the 'Tennessee Constitution does not disfavor actual uses [of property] more commonly associated with rural areas," the report said.
"TWRA’s abuse of power had to stop," said Hollingsworth. "For as long as I can remember, these officers have acted like a law unto themselves. But nobody—not even a game warden—is above the Constitution, and yesterday’s decision makes that crystal clear. I’d like to thank the Institute for Justice for helping us fight this battle for so many years, and my local attorney Jack Leonard, who has been by my side on this case since day one."
The state agents claimed they could trespass with impunity under the ancient federal "open fields" doctrines. That, from 1924, was when the Supreme Court held that the Fourth Amendment to the U.S. Constitution does not protect any land beyond the home and its immediately surrounding area.
Like several other state constitutions, the Tennessee document "protects 'possessions' from 'unreasonable searches.' The term 'possessions' plainly covers private land, and it's heartening to see the Court of Appeals reject the federal rule and reaffirm Tennesseans' cherished right to be secure on that land," the IJ said.
The landowners were awarded nominal damages of $1 for the violations.
Source: 'Massive win for property rights' in major warrantless search case | WND | by Bob Unruh
|
he seems extremely sensitive to such questions
Published: Wednesday, October 14th, 2026 @ 3:05 pm
By: John Steed
|
|
Most Republicans stand for gun rights
Published: Tuesday, October 13th, 2026 @ 9:12 pm
By: John Steed
|
|
a real prize of a candidate
Published: Tuesday, October 13th, 2026 @ 8:13 pm
By: John Steed
|
|
"They don’t want you to do is dig into their 'reporting' for bias and conflicts of interest."
Published: Tuesday, October 13th, 2026 @ 6:27 pm
By: Daily Wire
|
|
socialism is taking over the Democrat Party
Published: Tuesday, October 13th, 2026 @ 3:58 pm
By: John Steed
|
|
the far left is pushing that cancelling of Columbus
Published: Tuesday, October 13th, 2026 @ 3:50 pm
By: John Steed
|
|
by Rev. Mark Creech
Published: Tuesday, October 13th, 2026 @ 11:20 am
By: Countrygirl1411
|
|
“We have video showing piles of cash being given to a D.C. councilmember as part of a $156,000 bribe,” said Jeanine Pirro before vowing to retry.
Published: Monday, October 12th, 2026 @ 2:03 pm
By: Daily Wire
|
|
partisan hack judge moves to disrupt election integrity
Published: Monday, October 12th, 2026 @ 10:06 am
By: John Steed
|
|
by Rev. Mark Creech
Published: Sunday, October 11th, 2026 @ 3:55 pm
By: Countrygirl1411
|
|
illegal aliens particularly heavy in rape and robbery cases
Published: Saturday, October 10th, 2026 @ 3:50 pm
By: John Steed
|
|
dirty "guilt by associaiton" tactics
Published: Saturday, October 10th, 2026 @ 1:16 pm
By: John Steed
|
|
even liberals have common sense sometimes
Published: Saturday, October 10th, 2026 @ 12:46 pm
By: John Steed
|
|
uses AI to search school board agendas
Published: Friday, October 9th, 2026 @ 6:02 pm
By: John Steed
|
|
while French migrant rioters says they do no intend to stop
Published: Friday, October 9th, 2026 @ 12:08 pm
By: John Steed
|
|
two ex-teachers could swing board to the left and they are both running as "Republicans"
Published: Friday, October 9th, 2026 @ 9:31 am
By: John Steed
|