CAMDEN, Tenn. (AP) – A circuit court has ruled that the Tennessee Wildlife Resources Agency can’t conduct searches on private property without a warrant, according to a published report.
The ruling in Benton County on Tuesday said a state statute authorizing warrantless trespassing and surveillance by Tennessee game wardens is ‘unconstitutional,’ WTVC-TV reported, citing a statement from the Institute for Justice, which sued the agency on behalf of Benton County landowners Terry Rainwaters and Hunter Hollingsworth. The men had displayed “no trespassing” signs, but wardens installed cameras on their land, the statement said.
Institute for Justice attorney Josh Windham told the station that the ruling will apply broadly to land across the state.
“Prior to this decision, there was a statute on the books that said that Tennessee Wildlife Resources Agency officers could enter and roam around private land across the state of Tennessee, basically, whenever and however they wanted to,” Windham said. “Now we have a circuit court decision saying that statute is facially unconstitutional, which means that across the state, it can’t be enforced.”
The wildlife agency referred questions to the Tennessee Attorney General’s Office, which declined to comment. The state has 30 days to appeal the ruling.