Pennsylvania Supreme Court Unanimously Rejects Warrantless Searches of Private Land
On July 21, 2026, the Pennsylvania Supreme Court unanimously ruled that warrantless searches of private land violate the state constitution, rejecting the federal 'open fields' doctrine. The case involved the Punxsutawney Hunting Club and Pitch Pine Hunting Club, whose properties in Clearfield County were repeatedly entered without consent by Pennsylvania Game Commission officers since 2013, including the placement of a trail camera for 78 days. The court overturned its 2007 ruling in Commonwealth v. Russo, finding that Article I, Section 8 of the Pennsylvania Constitution explicitly protects 'possessions' (including land) and provides greater privacy protections than the Fourth Amendment. The decision invalidated two state Game and Wildlife Code provisions that authorized warrantless entry onto posted private land. The Institute for Justice represented the hunting clubs.
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