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House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | April 17, 2024 10:39 AM |
|---|---|
| From: | Representative Stephenie Scialabba |
| To: | All House members |
| Subject: | Open Fields Doctrine/Entry Statutes - Protecting Private Land from Warrantless Searches by Game Wardens |
Under current law,[1] every “employee or representative” of the Game Commission possesses unfettered discretion to enter upon private land and conduct warrantless surveillance without probable cause, regardless of whether the private landowner has posted reasonable notice against trespass. This unprecedented and sweeping grant of authority to all employees of a public agency has predictably resulted in the deterioration of private property rights and respect for due process. Indeed, a recent challenge to the Game Commission’s surreptitious installation of motion-activated surveillance cameras on properties owned by several hunting clubs was dismissed by the Commonwealth Court, which reasoned, in part, that Title 34 authorized the game wardens’ incursion on private property rights.[2] To safeguard private property rights and prevent future abuses of power, I intend to introduce legislation in the near future to prohibit the Game Commission from entering any private property when reasonable notice against trespass is posted by the landowner. This notice against trespass may be given by any posting that will reasonably come to the attention of game wardens, fencing or other enclosures, or the placement of identifying purple paint marks on trees or posts. Under my bill, if a game warden possesses probable cause that a landowner is engaged in criminal activity, the game warden will need to follow the same procedure as every other law enforcement officer in this Commonwealth and petition a court of competent jurisdiction for a warrant before entering upon the landowner’s property. Please join me in cosponsoring this important piece of legislation to better serve our constituents. |