Good Fences? Good Luck
15th March 2024
The open??fields doctrine gives government vast powers to invade nearly 96 percent of all US private land.
Terry Rainwaters owns 136 acres of rural land in northwest Tennessee. He lives on the property with his son, rents a second house on the property to long??term tenants, and farms the property commercially. Because he values his privacy, he has a locked gate posted with “no trespassing” signs at the entrance to the property.
Nevertheless, for years Tennessee wildlife officers have entered his land, roamed around in camouflage, spied on his son while he was hunting, and even installed a surveillance camera in a tree—all without consent, a warrant, or even probable cause.
The officers think they can treat Rainwaters’s private land like public property because of a state statute that allows them to “go upon any property, outside of buildings, posted or otherwise” to enforce hunting regulations. This statute embodies a legal rule called the open??fields doctrine, which gives government officials a blank check to enter private land whenever and however they please.
During Prohibition, the U.S. Supreme Court held that the Fourth Amendment—which typically requires officials to get a warrant before searching private property—does not protect “open fields.” Despite its name, the open??fields doctrine covers far more than fields. It applies to nearly all private land that does not immediately surround a home.