Game wardens "put on full camouflage outfits" to sneak onto a Virginia hunter's property and confiscated his camera. Now, he's challenging a legal framework called the "Open Fields Doctrine" that let them do it.

“We’re challenging the Open Fields Doctrine altogether,” Gay said. “One of the things that’s surprising to people is that the Open Fields Doctrine applies to land you’re living on, that you’re using to spend time with your family, to have conversations with your wife, to play with your children. It’s the kinds of places where you expect privacy, and you’d expect that you’d have the power to keep out unwanted intruders, but the way that the government applies the doctrine is that it only extends to the small area around your house called the ‘curtilage,’ not all the space you’re using on a day-to-day basis.”

Gay and Highlander are challenging that in their court case, in part because the camera in this case was located on property that Highlander and his family live on.

“These game wardens and other officials can kind of go onto most land whenever they want, for whatever reason they want, and they don’t have to get a warrant, and there’s no neutral magistrate or judge providing any kind of check on their behavior,” Gay said. He added that he is challenging the Open Fields doctrine specifically under the Virginia Constitution, which establishes a narrower Open Fields doctrine than federal law does. “We think that the camera’s seizure here is an entirely separate and additional level of egregious. What we’ve found is that wardens in this country won’t just enter people’s land, they will sometimes put cameras there to spy on that land, and, as you saw here, they will actually take other people’s cameras and look through it for evidence.”

  • SheDiceToday@eslemmy.esEnglish
    2·
    1 year ago

    Good luck on challenging the government and case law about open fields. In my local area, a 10ft privacy fence around an entire property was just about the only thing that made a house’s curtilage extend to the property line. I was actually amazed when the court went in their favor.

  • Nougat@kbin.social
    1·
    1 year ago

    I think that it’s not unreasonable for game wardens, and other officials who are preventing or investigating poaching to enter privately owned non-curtilage land for that purpose. Otherwise, all privately owned land would be open to poaching with essential impunity, and hunting/fishing laws don’t only apply to public land.

    A trail camera, however, is not in and of itself evidence of poaching, and officers should have zero rights to interfere with someone else’s trail camera in any way. Neither should officers be allowed to set up their own trail cameras on private land (without permission from the property owner). If officers find a trail camera, they should seek to speak with its owner, either by contacting the property owner, or by leaving a business card with the camera and waiting for the owner to contact them (if they so choose).

  • BarqsHasBite@lemmy.caEnglish
    1·
    1 year ago

    they basically rummaged through his camera looking at all the pictures looking for evidence of hunting violations. Game wardens do this thing all the time.”

    In this case, the officers confiscated the camera, downloaded the images from it (without a warrant), and only later got a warrant to review them. Nothing illegal was found.

    …“Open Fields Doctrine,” which was established in a Supreme Court case called Hester v. United States. That doctrine essentially establishes that Americans don’t have privacy in “open fields,” even if it is privately owned land with posted no trespassing signs