This story was originally published by the WND News Center.
A fight to keep alive a scheme of warrantless searches in the state of Pennsylvania has hit a block, with a ruling from a judge against authorities' demand that the case be dismissed.
"If government officials want to invade your private property and start snooping around, they need to get a warrant based on probable cause that some violation is taking place," said Joshua Windham, a lawyer for the Institute for Justice.
"The fact that these warrantless intrusions were authorized by a statute makes the problem worse, not better. We look forward to proving that the statute cannot constitutionally be applied to Tim's private property."
The fight is over a Pennsylvania statute that officers of the state Waterways Conservation do not need a warrant to invade and search private property.
The government sought to dismiss the case pending in Susquehanna County by Tim Thomas.
Officers twice have relied on the statute to search his private property, but the ruling means Thomas' challenge to the state's apparent Fourth Amendment violations can continue.
"These invasions of privacy should never have happened, and my hope is that we can set some precedent that helps ensure they won't happen to anybody else," he said.
The fight, between Thomas and officer Ty Moon, began in May 2023, when Moon came onto Tim's lake cabin property and began banging on the door while Tim's late wife, Stephanie, was home alone. Scared, Stephanie did not answer the door, so Moon proceeded to walk to the back of the property where he photographed their boat, cabin and vehicle all without a warrant, the IJ reported.
"The next day, while Tim was pulled over on the side of the road picking flowers for Stephanie, Moon pulled up behind them and said he'd 'been chasing' them and that he would 'get to the bottom of things.' Four days later, Tim received a citation in the mail for evading the officer and fishing without a license, which wasn't true. When Tim appealed, the charges were dismissed."
Weeks later, Moon returned, walking directly onto the property past multiple no trespassing signs, beside a bathroom window while Stephanie was bathing, and began confiscating Tim's fishing rods.
"When Tim confronted Moon, he cited him for fishing with too many rods. When the case went to court, Tim was found not guilty," the report said.
The IJ explained, "The Fourth Amendment protects 'houses,' and also what courts call the 'curtilage' of the home (basically private yards). In the opinion, Judge Joseph Saporito Jr. had 'no difficulty' holding that, 'Based on the allegations of the complaint, it is simply beyond cavil that WCO Moon entered onto the curtilage of the Thomases' home, without a warrant or consent.'"
