(WND)—Government agents and agencies in the state of Louisiana are being sued for searching private property without the owner’s permission.
While many assume that the U.S. Constitution protects property from “unreasonable searches and seizures,” a Supreme Court decision from a century back says private land is not included.
It’s called the “open fields” doctrine and agents use it to enter property whenever they want. However, some states, including Louisiana, have a higher standard built into their state constitutions.
And that’s the focal point of the new dispute being handled by the Institute for Justice.
“Tom Manuel owns land that he uses to grow timber commercially, as well as for recreation. In December, two separate times, game wardens with the Louisiana Department of Wildlife and Fisheries (LDWF) entered Tom’s land without permission in search of possible hunting violations. Both times they left without giving a citation,” the legal team explained.
“The warrantless, permissionless searches by state law enforcers struck Tom as a violation of his rights. The Louisiana Constitution says in stark terms that ‘property’ must be secured from ‘unreasonable searches . . . or invasions of privacy.’ There is no exception for any government official. Now, Tom is suing the LDWF with the Institute for Justice (IJ), which protects property rights nationwide and has several similar suits in other states.”
James Knight, a lawyer for IJ, explained, “The Louisiana Constitution protects all ‘property’ from warrantless searches—and that includes land. That may seem obvious, but misguided U.S. Supreme Court precedent has convinced state officials that they can invade private land at will. This case seeks to put a stop to that and to restore the constitutional protections Louisiana landowners deserve.”
In neighboring Mississippi, the state’s highest court already has held state officials cannot invade private land without a warrant. Other states taking the same position include Montana, New York, Oregon, South Dakota, Washington, Vermont, and Tennessee.
The “open fields” ideology is used by not just game wardens but also police, inspectors, code enforcement officers, immigration officers and others.
The lawsuit advocates for a common-sense view of property rights in Louisiana.
“I believe Louisiana’s constitution should mean what it says. While it’s important that state hunting laws be maintained, constitutional limits on government power should be upheld too. Protecting wildlife can be accomplished without trampling on our privacy and property rights. From my experience managing land in both Louisiana and Mississippi, I’ve seen that wildlife can thrive where the government must respect property lines,” the landowner said.
Cases providing similar arguments also now are pending in Pennsylvania and Virginia.
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Independent Journalism Is Dying
Ever since President Trump’s miraculous victory, we’ve heard an incessant drumbeat about how legacy media is dying. This is true. The people have awakened to the reality that they’re being lied to by the self-proclaimed “Arbiters of Truth” for the sake of political expediency, corporate self-protection, and globalist ambitions.
But even as independent journalism rises to fill the void left by legacy media, there is still a huge challenge. Those at the top of independent media like Joe Rogan, Dan Bongino, and Tucker Carlson are thriving and rightly so. They have earned their audience and the financial rewards that come from it. They’ve taken risks and worked hard to get to where they are.
For “the rest of us,” legacy media and their proxies are making it exceptionally difficult to survive, let alone thrive. They still have a stranglehold over the “fact checkers” who have a dramatic impact on readership and viewership. YouTube, Facebook, and Google still stifle us. The freer speech platforms like Rumble and 𝕏 can only reward so many of their popular content creators. For independent journalists on the outside looking in, our only recourse is to rely on affiliates and sponsors.
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Independent media is the future. In many ways, that future is already here. While the phrase, “the more the merrier,” does not apply to this business because there are still some bad actors in the independent media field, there are many great ones that do not get nearly enough attention. We hope to change that one content creator at a time.
Thank you and God Bless,
JD Rucker
