TWRA Decides Not To Appeal Ruling That Will Stop Searches Without A Warrant

Image Credit: Tennessee Wildlife Resources Agency / Facebook

The Tennessee Conservative Staff –

The Tennessee Wildlife Resources Agency (TWRA) will not appeal to the Tennessee Supreme Court regarding a recent court decision that will no longer allow for searches to take place under the “Open Field Doctrine.”

According to the court’s recent ruling, TWRA officers must now obtain explicit permission from landowners or a court-ordered warrant in order to go on private property.

The Institute for Justice, representing clients Terry Rainwaters and Hunter Hollingsworth, brought the suit against TWRA after the pair discovered hidden cameras on their West Tennessee property in 2018, arguing that the Open Fields Doctrine violated their state constitutional rights. 

“Finding out you were under illegal surveillance on your private property for months is a hard pill to swallow,” said Hollingsworth.

Despite long standing U.S. Supreme Court precedent from 1924 and 1984, Tennessee courts sided with the plaintiffs, prompting TWRA’s decision not to appeal further.

Court of Appeals Judge Jeffrey Usman said, “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.”

TWRA’s Executive Director Jason Maxedon expressed respect for the Attorney General’s decision and emphasized the agency’s historic role in wildlife conservation through self-regulation and property inspection. 

“When TWRA was founded 75 years ago, nearly all big game species had been hunted to the brink of survival. It was hunters who came together to self-regulate and allow inspection of private property to prevent bad actors from stealing wildlife from their neighbors and the state.” Maxedon said. 

TWRA spokesperson Emily Buck also highlighted ongoing efforts to improve procedures, stating, “The Agency will have new policy and procedures in place by the opening of Dove season in September.”

For Rainwaters and Hollingsworth, the victory in court is about more than just protecting their own land. They see it as a win for all Tennessee landowners.

The Institute for Justice is hopeful that this case will lead other states to follow suit in protecting landowners.

“Property isn’t private if the government can watch you whenever it wants,” said Scott Bullock, President and General Counsel for the Institute of Justice. “We are confident that this victory is just the first in what will become a series of wins reinvigorating protections against warrantless searches.”