The state supreme court has sided with Punxsutawney Hunting Club and the Pitch Pine Hunting Club concerning warrantless land searches.
In a 7-0 unanimous decision, the court ruled that warrantless searches by PA game officials are unconstitutional. The two hunting clubs had challenged the constitutionality of two provisions of the Game and Wildlife code that allowed state game wardens to enter private land but not homes or buildings, without warrants. The court said that landowners who clearly mark or secure their property have a reasonable expectation of privacy, which is protected by the state constitution. The ruling overturned a 2007 decision in Commonwealth v. Russo.
State Senator Joe Pittman was joined by Senate Games and Fisheries Committee Chairman Greg Rothman and Senator Dan Laughlin in a statement that said the PA Supreme Court “was right to uphold the strong privacy and property protections provided by our state constitution.” They added that while the game commission have a difficult job enforcing game laws, “It is now clear the Pennsylvania Game Commission must also respect the lawful rights of property owners.
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