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Tennessee wildlife agency will not challenge ruling restricting covert surveillance on private properties


Tennessee Attorney General Declines to Appeal Court Decision Against Secret Surveillance by Game Wardens

Tennessee’s Attorney General has decided not to appeal a court ruling that deemed secret surveillance of private property by state game wardens as unconstitutional. This decision comes after a six-year legal battle initiated by Terry Rainwaters and Hunter Hollingsworth from Benton county, who discovered hidden cameras on their properties and were spied on by game wardens in camouflage outfits.

The Tennessee Court of Appeals determined that the warrantless searches conducted by TWRA officers violated the Tennessee Constitution, which protects individuals from unreasonable searches and seizures. The court likened TWRA’s actions to those of British customs officials in colonial America and emphasized that game wardens cannot enter actively used private property without a warrant.

Rainwaters expressed satisfaction with the court’s decision, stating that Tennessee residents value their land and deserve protection from unwarranted intrusions. The men were represented by the Institute for Justice and similar challenges to game warden practices will be presented to the Pennsylvania Supreme Court.

TWRA spokesperson Emily Buck stated that the agency is seeking further clarity on their right to inspect hunters but will implement new policies to comply with constitutional law. TWRA Executive Director Jason Maxedon acknowledged the need to protect wildlife and stop poachers while respecting property rights.

The case highlights the importance of protecting private property rights and ensuring that law enforcement actions are conducted in accordance with constitutional principles. TWRA’s efforts to revise their policies reflect a commitment to upholding the law while preserving the rights of Tennessee landowners.

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Photo credit tennesseelookout.com

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