> Stephanie heard someone loudly knocking on the front door of the cottage. The individual then went around the side of the house, past no-trespassing signs, entered the back yard, walked onto the back porch, and began “pounding” on the back door.<p>As someone who grew up in rural PA, this is a pretty straightforward way to get shot as a trespasser.
> Beyond his main vocation as a chimney business owner, Thomas often drove for Lyft and Uber. After the criminal citation was filed, he automatically lost both driving jobs—banned by both companies due to the legal violation.<p>For being found guilty (overturned on appeal) of fishing with more than 8 lines due to what is likely a vendetta on the part of the officer. A particularly succinct example of automated cruelty. But what can one do?
IJ has a few similar cases: <a href="https://ij.org/issues/ijs-project-on-the-4th-amendment/open-fields-doctrine/" rel="nofollow">https://ij.org/issues/ijs-project-on-the-4th-amendment/open-...</a>
The idea that state officials can trespass on your land and plant cameras (or steal yours) without even a suspicion of a crime is absurd, even if just for how much danger it puts the state employees in.
> According to 12 words of Pennsylvania state code, PFBC officials have authority to “enter upon any land or water in the performance of their duties.” The statue provides wide latitude for PFBC to enter onto any property without consent, probable cause, or warrant—with no limits on duration, frequency, or scope.<p>Say what? That is how you get shot in rural america, as you should...
Well, that's sure some consequential news there.<p>I'm sure we'll see more important fishing license violation, constitutional law articles, here on ycombinator in the near future...<p>I guess this is all they have to worry about out in lake side Pennsylvania...
The public figure conservation officer with the implied vendetta can be viewed on page 47/52 of this pdf <a href="https://www.fishandboat.com/About-Us/Angler-and-Boater/Legacy-Issues/2020s/Documents/SeptOct2022.pdf" rel="nofollow">https://www.fishandboat.com/About-Us/Angler-and-Boater/Legac...</a> . It is a public document showing a public function where he received an award. The PDF is available on a government website and intentionally published for and accessible by the public.
I'm badly split on Institute for Justice, the nonprofit backing this suit.<p>On the one hand, they aggressively advocate for obvious constitutional rights cases like this one and have put a lot of effort into fighting legally-accepted-yet-fundamentally-nonsensical practices like civil forfeiture.<p>On the other, they also aggressively support school vouchers, which are mostly a scheme to drain money from public schools into private ones that can use broad excuses to keep out students that would cost more or lower their grade averages.
both "illegal search on private lands" and "illegal control by private groups over public lands" are going on in the continental US West.. what is said in public does not always match what is done each day.
I'm torn on this one: Should law enforcement need a warrant to search your property? Certainly. Seems obvious, right? Except this is a "conservation officer" who has been granted certain rights (by the state of PA) to:<p><pre><code> Enter upon any land or water in the performance of their duties.
</code></pre>
See: <a href="https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=30&div=0&chpt=9" rel="nofollow">https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?...</a><p>If they <i>couldn't</i> move between properties along shorelines they'd have a hell of a time doing their actual job. Any criminal could fish illegally on private property then flee when a they see a conservation officer approaching in a boat. They'd never catch anyone who fishes along a shore.<p>This lawsuit seems like a nuclear weapon being thrown at an overly zealous individual who possibly has some sort of personal vendetta against the property owner.