Have y'all ever heard of this? The "Open Fields" law?

[GA Bowhunter]

https://www.agweb.com/article/government-cameras-hidden-private-property-welcome-open-fields

This is the first I've ever heard of this.

Cliff's notes: Agents of the government can place surveillance equipment on your property and trespass to do so, with no probable cause or warrant.
If you remove the equipment you may get your home surrounded by "militarized" cops and have your home searched.

I can't believe this is legal. I'm all about probable cause, due process and innocent until being proved guilty.

Seated at his kitchen table, finishing off the remains of a Saturday breakfast, Hunter Hollingsworth’s world was rocked by footsteps on his front porch and pounding at the door, punctuated by an aggressive order: “Open up or we’ll kick the door down.”
Surrounded on all sides of his house, and the driveway blocked, Hollingsworth was the target of approximately 10 federal and state wildlife officials packing pistols, shotguns and rifles. And what was Hollingsworth’s crime? Drugs, armed robbery, assault, money laundering? Not quite.

Can the government place cameras and monitoring equipment on a private citizen’s land at will, or conduct surveillance and stakeouts on private land, without probable cause or a search warrant? Indeed, according to the U.S. Supreme Court’s (SCOTUS) interpretation of the Fourth Amendment. Welcome to Open Fields.

Fourth Amendment protections against “unreasonable searches and seizures” expressed in the Bill of Rights only apply to an individual’s immediate dwelling and curtilage, according to SCOTUS. Curtilage is an arcane term loosely translated as the area directly around a home, or the yard.

I've read in the deer hunting forums where folks have found cameras placed on their land by other folks(assumed poachers).
I have found a few tree stands placed on my property over the years.

If you find a camera on your land you didn't put there I would advise calling the DNR and your local LEO. You don't want the jack booted thugs kicking your door down.

[Quackerbox]

What's the date on that?

I thought I read last year that deal got squashed after a case like this.

And ftr the place I work doe not partake in such events.

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[kurt68]

[QUOTE=Quackerbox;15030995]What's the date on that?

August 10, 2020 it says at the top of the article. Wow!

[150class]

Open Field Doctrine

Primary tabs

Hester v. United States first introduced the doctrine that the Fourth Amendment protection does not extend to open fields. Governmental intrusion and information collection upon open fields do not constitute searches or seizures under the Fourth Amendment. Expectation of privacy in an open field is not considered as reasonable or legitimate, even if there are fences or “no trespassing” signs around the field. Open fields may include any unoccupied or undeveloped area outside the curtilage.

Some states reject open field doctrine and confirm protection under state law of privately owned open lands from warrantless searches and seizures, where a reasonable person should know that the occupant intends to exclude public and precautions have been taken. For instance, in State v. Dixon, the Supreme Court of Oregon held that Article I, Section 9 of the Oregon Constitution, i.e. the search and seizure provision, applies to privately owned lands outside the curtilage of a residence.

https://www.law.cornell.edu/supremecourt/text/265/57

Looks like it came about in the 20's.

Summary says the Court ruled in favor of the officers saying they were in a unoccupied/open field away from the residence/dwelling therefore not violating the 4th amendment that the defense was trying to establish.

Pretty interesting but looks like its a State by State basis?

[laredoarcher]

Who are the “jack booted thugs” you speak of ?

[Quackerbox]

[quote=kurt68;15031004]

What's the date on that?

August 10, 2020 it says at the top of the article. Wow!

I didnt click the link. Im a cliff notes kinda person

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[tps7742]

Yes we live in a dream world of freedom. Also the “Texans will not take that BS like California”. Another dream world I have noticed since this covid 19 thing has occurred.

[TacticalCowboy]

I read that the other day. Something tells me there’s more to the story that what is in the article. I find it pretty hard to believe the TN version of TPWD would send a swat team to a guy's house over a camera—if there wasn’t something that had already happened.

I’m a firm constitutionalist, so I don’t agree with spying on folks without a warrant. But I think there’s more to this than meets the eye.

[eastxhunter]

I would reckon the feds would have a lil better equipment than some game cams but who knows

[GA Bowhunter]

Who are the “jack booted thugs” you speak of ?

The LEO's standing outside the guy's house, carrying full auto weapons while threatening to kick his door down.

Over a $200 unmarked camera that the landowner found and removed from his private property.

[denimdeerslayer]

Sell them cameras in the classifieds lol

[Mike D]

Who are the “jack booted thugs” you speak of ?

Is this a serious question? [emoji57]


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[kurt68]

[quote=Quackerbox;15031019]

I didnt click the link. Im a cliff notes kinda person

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Quacker, the emoji and wow wasnt for you. It was for the article date being two days ago. I hope you didn't take it that way, cause I thought I heard the same thing as you about it.

[tazhunter0]

Think it was in Tennessee and a few years ago. It’s just going to court or something like that I believe. I read the article yesterday.

[JhuntsAlot]

I read some of the article and it seems like a like of effort with cameras and hiding in the brush during hunting season to try and catch someone doing something wrong. Especially with guys who have no track record.

But the whole concept described is extremely disturbing.

I wonder if anything like this is happening here in Texas.


J