Another Tribute to the Stupidity of the Open Fields Doctrine
BY Herschel Smith
2 days, 23 hours ago
Via David Codrea, this report.
Officers from the Alabama Department of Conservation and Natural Resources (DCNR) routinely trespass onto private land—without consent, a warrant, or any reason to suspect a hunting violation has occurred—to conduct exploratory searches. They ignore fences, gates, and “no trespassing” signs, treating private land like public property. And all of this is purportedly authorized by an Alabama statute.
The open fields doctrine is an end run around the fourth amendment and everybody knows it. Alabama doesn’t look so hot here, and I continue to be disappointed in that state.
In Pennsylvania too. And in many other states.
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On May 28, 2025 at 5:24 am, Joe Blow said:
SSS… all I’m saying.
On May 28, 2025 at 6:38 am, Wes said:
In 2017-2018 WI tried to pass a law requiring DNR wardens to have a warrant or reasonable suspicion that hunting or fishing activities were occurring. Failed; the lefties in Madison are all against the badge until they’re not.
On May 28, 2025 at 5:41 pm, X said:
Well, it’s just like the Second Amendment. The text of the actual Constitution means jack. Government follows the Constitution when it wants to, and ignores it when it wants to.
On May 30, 2025 at 8:40 am, Matt said:
Stupid is as stupid does. Sounds like a good way to get shot, or worse, taken and enslaved. Come on to my property and I don’t care how big you think your badge is, I guarantee you it’s not big enough and it isn’t your authority that is going to be recognized, but mine.
On May 30, 2025 at 9:21 am, Ken said:
This happens in Texas also. Anywhere a game animal can go, the warden can go. Including birds, meaning just about everywhere. I have seen abuse first hand. About 45 years ago I was a Reserve LEO. The S.O. would call a local warden for help looking around on someone’s property. Usually looking for drug activity or stolen property. No warrant needed. Of course they could not enter a barn or house unless he could see a crime (any crime). Lots of keyboard Kommandos around. There is no SSS. GPS trackers and location reports ring a bell?