On Tuesday, the Pennsylvania Supreme Court unanimously ruled that warrantless searches of land marked as private violate that state's constitution. The seven justices agreed that the "open fields" doctrine, a sweeping exception to the Fourth Amendment that the U.S. Supreme Court first announced in 1924, does not apply to the Pennsylvania Constitution's privacy protections.
"The Pennsylvania Supreme Court affirmed that private land is not public property," says Joshua Windham, a senior attorney at the Institute for Justice, which represented two hunting clubs that objected to warrantless surveillance of their land by the Pennsylvania Game Commission (PGC). "It's yours, and that means you get to decide who enters it."
