A lawsuit claiming that Alabama game wardens violated the rights of private property owners was dismissed in a Lauderdale County Court.
Circuit Judge Will Powell dismissed the case against Alabama Department of Conservation and Natural Resources commissioner Chris Blankenship, director of Wildlife and Freshwater Fisheries Charles Sykes and game wardens.
The lawsuit, filed by Dalton Boley, Regina Williams and Dale Liles, claimed that game wardens searched private properties, violating their rights. The plaintiffs sought damages and asked the court to bar game wardens from future searches.
Attorneys with the Institute for Justice (IJ) said they would appeal the dismissal.
“Today’s decision squarely conflicts with the strong protections Alabama’s Constitution promises landowners from warrantless searches,” said IJ attorney Suranjan Sen. “We look forward to explaining that to the Court of Appeals, which we expect will give people’s right to be secure on their land the care and attention it deserves.”
The IJ cited the “open fields” doctrine, a Fourth Amendment federal rule established in 1924 by the U.S. Supreme Court.
“I’m committed to fighting against this law until I can feel safe and secure on this land again,” said Boley, a combat veteran, who built trails and used the land for “peace of mind.” “Until I know wardens aren’t secretly snooping around on the land, it’s hard for me and my sons to feel comfortable out there.”
“As an outdoorsman, I’m all about wildlife conservation, but if regular police need to get warrants before coming onto private land, game wardens should need to as well,” said Liles, who owns 86 acres he uses for hunting and fishing. “Not to mention, it’s dangerous for them to be on a hunting property without wearing colors that make them easy to see.”
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