The state of Tennessee just lost their appeal in the cases of game warden trespass against private land owners. This is a step in the right direction for freedom, IMHO. My guess is that they'll appeal it to the Tennessee Supreme Court. Hopefully, they'll get bitch slapped there too. Alabama needs this "adjustment" to our game enforcement as well. The whole open fields doctrine is flawed federal BS from the Prohibition era. If you have probable cause, GET A WARRANT unless an exigent circumstance immediately affecting life and limb exists.


Setback for Woodland Tyranny

Setback for Woodland Tyranny 2

My question is why have they always thought they had this power, "open fields," yet no other law enforcement did ?

Bout time . They was filming man an his girlfirend in the woods .not just hunting stuff . I would be pissed too . The landowners had lawyers working for them for free .

Property lines. Back in the day, like the Great Depression days, The local judges, sheriffs, and politicians, used Open Fields doctrine to make life hell for anybody in their local area who did not do things in accordance with their rules.
Because the local judge had the GW looking through your property all the time something was always found that was useful to the judge or local sheriff, etc....

I follow that , but that still doesn't explain why they thought they, GW could legally do it and other law enforcement couldn't. I would have thought ATF , if anyone could as a carryover from back in prohibition. I looked at some of the court challenges in other states , most were brought because of the county Sheriff . Alabama , as I understand , only the GWs have that power in Alabama. Just a cluster .

Most of the general public never even thinks about Game Wardens, much less considers that a GW is an actual law enforcement officer. As a result of being ignored for so long, the Open Fields doctrine was let slide and it only ever comes up when its useful for the people who abuse the legal system. Ask any GW how many times bigfoot speed demon blasts them off the highway only to find out that a GW can pull your reckless ass over and shoot you.

All LE had Open Fields Doctrine power, but never much call for police or SOs to use it. The only time I can recall using it was upon hearing of a marijuana grow in about a 5 acre lot in town. How we heard it would not rise to the level of Probable Cause for a search warrant. We went and walked it and found about 20 or so plants that were about head high. Ruined someone's day. I'm sure that I used it other times, but that one popped in my head. SOs and Drug Task Forces use it to look for remote Meth labs and when they might get tips about hidden stolen property with these tips not being Probable Cause level.
LE needs to have the Open Fields Doctrine protected to effectively do its job, but at the same time, there has to be common sense constraints. Placing Game Cameras should not be allowed. Anyways, legislators need to get with the People and LE to come up with some legislation that benefits both and provides punishment for those that cross the lines established by this legislation.

The open fields doctrine is taught in state law enforcement academies and applies to all law enforcement. The game wardens are just the ones that typically abuse it (and usually get away with it). That has to do with their structure and charter. The fact is, game law is important but no pine goat is worth abused constitutional rights. The dudes out running around in leafy suits putting cameras on private property for a criminal fishing expedition have awakened the people and courts to their dangerous abuses.

Thanks fellers, that makes it a little clearer . Sounds like it's very easy to "cross the line".

The bottom line is local/state policing is ultimately done with the consent of the governed. Each step up the chain (ex: local to state) seems to become more disconnected to that fact because they lack accountability. The people involved in the abuses here weren't smart enough to not bite the hand that feeds them and concentrate their efforts more appropriately.