TBA Law Blog


Posted by: Kate Prince on Mar 25, 2022

A circuit court in Benton County this week ruled that a state statute authorizing warrantless trespassing and surveillance by Tennessee game wardens is ‘unconstitutional,’ the Associated Press reports. The ruling was made in response to a lawsuit brought by two Benton County landowners, represented by the Institute for Justice, against the Tennessee Wildlife Resources Agency (TWRA). According to the Tennessee Lookout, the landowners filed suit after the TWRA in 2018 installed surveillance cameras on their private property. The suit challenged the constitutionality of a state statute that says TWRA officers may “go upon any property, outside of buildings, posted or otherwise.” Institute for Justice attorney Josh Windham says the new ruling will apply broadly to land across the state. The state has 30 days to appeal the ruling.