Just gonna leave this here: https://www.outdoorlife.com/conservation/twra-warantless-searches-ruled-unconstitutional/

For those that don’t know, the Texas and U.S. Constitutions are worded differently with respect to warrantless searches.


Tennessee has this one right.

Inge, can you expound on that?

If I found a trail cam on my property that was not mine it would at the bottom of the pond.

here's a little expansion

open fields

p.s. i also would like to know a little more about what texas says about this, i wasn't aware texas looked at it any different

Section 12.103(a), Parks and Wildlife Code, allows Texas Game Wardens to enter on any land or water where wild game or fish are known to range or stray to enforce the game and fish laws of the state.

I'm not a fan of the open field doctrine but here you go.

https://en.wikipedia.org/wiki/Open-fields_doctrine

yeah, us v pace 5th cir 1992 upheld the ofd in texas. so no difference, unlike the 5 states that do have a stronger state constitution for landowners

Ballot box. Jury box. Ammunition box.

Anytime Government powers get expanded through a Court ruling instead of legislation it needs to be fought vigorously.

blkt2 that did not happen, court ruled in favor of the LOs.

He’s a rebel without a clue

??? court ruled in favor of the LOs, that's correct. government powers were expanded through a court ruling, not through legislation that makes law, is also correct

but those court rulings are on both sides of the fence. like panhandling, sc ruled it's a charitable request for funds, protected under the first amendment, free speech

“Open Fields,” the argument upon which Pace is based, relies on a 4th Amendment/protected curtilage analysis. The US Constitution protects “[t]the right of the people to be secure in their persons, houses, papers, and effects…

Texas requires “[t]he people shall be secure in their persons, houses, papers and possessions”…. Land is a possession, not an "effect."

Game Wardens may be able to enter a property, but they are not allowed to take or possess your property. That’s exactly what the installation of a camera on a property does. It takes or possess the space occupied by the camera, and that’s why Game Wardens in Texas don’t do it without landowner permission.

My comment stands on it's own and applies to every case.

I was illustrating The Ballot Box and the Jury Box have failed and we need to consider resorting to the ammunition box.

well, trapper. you wanted to know the outcome. this doggie has been put to bed. it's over, finished, done. the tennessee landowners won. no more twra coming and going as they please, without pc for a warrant of course. twra isn't gonna do anymore appeals so the ruling is set in stone

Good.

Yep but it's limited to Tennessee. Even if it had made to a circuit court, they aren't in 5Th Circuit.