Tennessee’s Court of Appeals has ruled that the TWRA’s practice of warrantless searches of privately owned land that is in active use is unconstitutional. For decades wildlife officers have operated under the “Open Fields Doctrine” where they could enter privately owned property without the landowner’s permission, knowledge or a warrant in search of possible wildlife law violations. Wildlife officers could also put up cameras without the property owner’s consent or knowledge.
Recently, two Benton County landowners challenged the “Open Fields Doctrine” in Court, and the appeals court judges agreed that TWRA has been violating the state constitution and that wildlife officers must obtain a judicial warrant before going onto private property that is actively being used for such things as recreation, sport, farming or posted and gated.
TWRA would still able to go on private land that is considered wild and unused without a warrant.
TWRA can still appeal to the Tennessee Supreme Court.