Image Credit: Tennessee Wildlife Resources Agency / Facebook
The Tennessee Conservative [By David Seal] –
After the Tennessee Wildlife Resources Agency (TWRA) was caught snooping and planting motion activated cameras on private property in Benton County, Tennessee with no warrant or probable cause, the property owners sued for injunctive relief to prevent future searches and surveillance by the agency.
After a protracted set of court proceedings, the Tennessee Court of Appeals sided with the property owners Hollingsworth and Rainwaters in stopping unwarranted searches on private land.
For extensive background on the case, including videos, media releases, and the Tennessee Court of Appeals Opinion, a link is provided HERE.
Judge Jeffrey Usman, writing for the Tennessee Court of Appeals in Rainwaters v. TWRA, “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.”
TWRA’s abuse of power, and the subsequent court decision, have been widely reported but the saga may not be over for farmers and landowners.
Despite the ruling, there are concerns that TWRA may try to find a legal workaround, or loophole, to resume unwarranted searches and surveillance on private land. This concern was expressed by Joshua Windham, the Institute for Justice (IJ) attorney that represented the Tennessee landowners against TWRA.
“TWRA’s goal right now should be compliance with Rainwaters, not finding a way around it. But here are some things to watch for. The Tennessee Court of Appeals made clear that the only private lands game wardens can enter without a warrant are “wild or waste lands”–meaning unmarked lands that you don’t use at all. So, if you see game wardens roaming around land that you use or have marked as private, contact the Institute for Justice and let us know. Likewise, if you have observed TWRA using an aerial drone to get around the Rainwaters decision, please reach out.” – said Joshua Windham, Attorney, Institute for Justice
A link is provided HERE to the Institute for Justice to report government abuse.
Tennessee landowners are relieved by the court decision against TWRA. However, they believe more oversight of the agency needs to be addressed by the legislature to rein in abusive practices and hold game wardens accountable to the Tennessee Constitution, Article I, Section 7, which prohibits “general warrants” for searches.
“As a Tennessee farm owner, I am grateful for the Institute for Justice in representing the property owners that were the subject of TWRA’s warrantless surveillance. This issue of unconstitutional searches and surveillance and abuse of power needs to be addressed by the legislature,” – said Jean Wood, Wood Farms Inc.
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award. David can be reached at david@tennesseeconservativenews.com.
5 Responses
I read the Jefferson County Post article on this. It’s a shame that after Rainwaters and Hollingsworth (rightly) sued the Tennessee Wildlife Resources Agency (TWRA) in April 2020, TWRA promptly appealed in March of 2022, and it all finally ended with a unanimous decision handed down on May 9, 2024. The decision……YOU WERE WRONG!! The TWRA can’t, but think they can, “routinely enter private land on a whim to search for potential hunting violations.” Sounds rather oppressive to me. I like what the Judge said….”Usman noted that TWRA’s argument could be compared to warrantless searches conducted by British authorities that motived the American Revolution.”
After four years of lawyers and courts and tons of money, do you reckon they learned their lesson? I doubt it. Put up some signs. If they come back looking around again, don’t bother with the courts. They’ve already been warned. Just sayin.
End qualified immunity for crimes committed wearing a badge.
AMEN!!
Lucifer’s TWRA effectively has no elected oversight, a “law” unto themselves, jackboot thugs.
Unfortunately, the TWRA has a history of abuse and ignoring the constitution. I respect the game laws and conservation of our natural resources with wise management, however the state of Tennessee has an authoritarian view of law, that they think gives them the power to abuse the citizens at will. Confiscation of cash without cause in routine traffic stops or other minor misdemeanor offenses by law enforcement has been a routine device for Tennessee law officials to steal money from citizens and never return it, even when the victim is proven innocent of any crime or drug trafficking. Many persons going on vacation or to buy a used car or something have had thousands of dollars taken from them for “driving to slow” or similar allegations. I believe in justice and that police are needed to obtain that and keep society civil but allowing civil rights abuses in the name of supporting the law is not justice or law. Snooping with drones and hidden cameras and listening devices , without warrant and evidence is something you expect in North Korea or China. Shame on the Governor and his administration and the law enforcement /TWRA personnel that have allowed this for so long. Not to mention the judges that have played into these abuses of citizens across the state.