Finally: Tennessee Court Reigns in Game Wardens

Note: This is part of my experiment in posting every day. We’ll try this for a bit and see how it goes.

Unless you’re a veteran hunter, you might be shocked by the sheer amount of power game wardens wield in many states. They can walk onto your property at any time and even set up cameras on your property without a warrant or any sort of notice. In some places, they can pull anyone over and search their vehicles at any time. How deer cops gathered such an extreme amount of unconstitutional power is beyond me.

Photo by Laura College on Unsplash

Thankfully, this is being called into question, at least here in Tennessee. Outdoor Life reports:

In its unanimous decision, a panel of three judges determined that the state’s game wardens were taking these powers too far, and that the current statute allowing for warrantless searches on posted private property is unconstitutional as applied by TWRA. The judges even drew comparisons between TWRA’s past actions and the tyrannies colonial Americans were subjected to under British rule.

“The TWRA searches, which it claims are reasonable, bear a marked resemblance to the arbitrary discretionary entries of customs officials more than two centuries ago in colonial Boston,” the judges wrote in their decision. “The 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 Tennessee, specifically.”

The decision stems from a lawsuit filed in Benton County Circuit Court by two Tennessee landowners, Terry Rainwaters and Hunter Hollingsworth, who claimed that TWRA officers conducted multiple warrantless searches on their properties, ignored “No Trespassing” signs, and even installed trail cameras there. With legal representation from the Institute for Justice, Rainwaters and Hollingsworth argued that these actions violated their rights under Article 1, Section 7 of the state constitution.

The Tennessee Wildlife Resources Agency has 60 days to appeal to the Tennessee Supreme Court, and I’m sure they will. I hope this goes all the way to the U.S. Supreme Court so it can be struck down nationwide.