Via David Codrea, this report on invasion of privacy.
Seated at his kitchen table, finishing off the remains of a Saturday breakfast, Hunter Hollingsworth’s world was rocked by footsteps on his front porch and pounding at the door, punctuated by an aggressive order: “Open up or we’ll kick the door down.”
Surrounded on all sides of his house, and the driveway blocked, Hollingsworth was the target of approximately 10 federal and state wildlife officials packing pistols, shotguns and rifles. And what was Hollingsworth’s crime? Drugs, armed robbery, assault, money laundering? Not quite.
Months prior, in 2018, the Tennessee landowner removed a game camera secretly strapped to a tree on his private land by wildlife officials in order to monitor his activity without apparent sanction or probable cause. Repeat: Hollingsworth’s residence was searched by U.S. government and state officials, dressed to the nines in assault gear, seeking to regain possession of a trail camera—the precise camera they had surreptitiously placed on his private acreage after sneaking onto his property at night, loading the camera with active SD and SIM cards, and zip-tying the device roughly 10’ high up a tree—all without a warrant.
Can the government place cameras and monitoring equipment on a private citizen’s land at will, or conduct surveillance and stakeouts on private land, without probable cause or a search warrant? Indeed, according to the U.S. Supreme Court’s (SCOTUS) interpretation of the Fourth Amendment. Welcome to Open Fields.
The vast majority of Americans assume law enforcement needs a warrant to carry out surveillance, but for roughly a century, SCOTUS has ruled that private land—is not private. Fourth Amendment protections against “unreasonable searches and seizures” expressed in the Bill of Rights only apply to an individual’s immediate dwelling area, according to SCOTUS.
However, SCOTUS’ Open Fields doctrine has been bucked in Mississippi, Montana, New York, Oregon and Vermont through protections granted by state constitutions, and for many American landowners, the more they discover about Open Fields—the more questions they have regarding the bounds of government power.
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In 1924, Hester v. United States set up the Open Fields framework and said the U.S. Constitution does not extend to most land: “the special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers, and effects,’ is not extended to the open fields.” Significantly, Open Fields is translated beyond its literal sense, and basically is defined as general acreage: woods, fields, farmland, barren ground, and more.
Further, in 1984, SCOTUS gave additional strength to Open Fields in Oliver v. United States: “open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance. There is no societal interest in protecting the privacy of those activities, such as the cultivation of crops, that occur in open fields.”
Do as we order you or we’ll break your property down! This is the Tennessee Wildlife Resources Agency, and likely other local LEOs, and certainly federal officers (because the article says so).
The Supreme Court let you down. They did it a long time ago, and they reiterated their treachery later. That doesn’t surprise anyone. But the state is taking advantage of that, and while that should not surprise anyone, it’s something to fight.
Land of the free. You must have the king’s permission to hunt the royal forests, and do everything his way.
We certainly need a reset in America, a complete do-over.
