The Pennsylvania Supreme Court unanimously ruled that state game wardens generally must obtain a warrant before entering private property when landowners have taken reasonable steps to exclude trespassers, such as posting signs, installing gates or maintaining fencing.
The July 21 decision stems from a lawsuit filed by the Punxsutawney Hunting Club and Pitch Pine Hunting Club in Clearfield County. The clubs challenged provisions of Pennsylvania’s Game and Wildlife Code that allowed game wardens to enter private property without a warrant while carrying out their duties.
According to court records, the clubs alleged Pennsylvania Game Commission officers entered their combined 5,500 acres multiple times without permission. The lawsuit also claimed a game warden placed a trail camera on one club’s property for 78 days while investigating allegations of illegal elk feeding.
In its 7-0 ruling, the court held that Article I, Section 8 of the Pennsylvania Constitution provides broader privacy protections than the Fourth Amendment when landowners have demonstrated a reasonable expectation of privacy by taking sufficient steps to keep others off their land. The decision overturns the court’s 2007 ruling in Commonwealth v. Russo, which had extended the federal “open fields doctrine” to Pennsylvania.
The court emphasized that the ruling does not eliminate the ability of game wardens to enforce wildlife laws. Officers may still enter private property under recognized exceptions to the warrant requirement, including emergencies, consent or situations supported by probable cause and a warrant.
The Pennsylvania Game Commission said it is disappointed with the decision but will continue enforcing wildlife laws within the constitutional standards outlined by the court. Attorneys representing the hunting clubs called the ruling a significant victory for private property rights.
The decision applies specifically to Pennsylvania and could draw attention from landowners, hunting organizations and wildlife agencies nationwide. While the federal open fields doctrine remains in place under U.S. Supreme Court precedent, Pennsylvania’s high court concluded the state constitution affords greater privacy protections to owners of posted private land.
Sources
Pennsylvania Supreme Court opinion in Punxsutawney Hunting Club, Inc. and Pitch Pine Hunting Club, Inc. v. Pennsylvania Game Commission; Pennsylvania Capital-Star; Lehigh Valley Live; WJAC-TV.
