Institute for Justice Files Lawsuit Against Warrantless Searches by Alabama Game Wardens
Montgomery, AL – The Institute for Justice (IJ) has initiated a landmark lawsuit challenging the constitutionality of warrantless searches conducted by Alabama game wardens. The case, brought on behalf of three residents—Dalton Boley, Dale Liles, and Regina Williams—alleges that these officials routinely invade private property without permission or probable cause, often disregarding “no trespassing” signs.
This legal action is part of IJ’s broader campaign to overturn the "open fields doctrine,” a century-old ruling that permits warrantless searches of undeveloped land under the federal Fourth Amendment. While this doctrine continues to govern federal officials, seven states have rejected it under their own constitutions. The IJ aims to position Alabama as the next to safeguard private property rights.
“According to the Alabama Constitution, government searches of private property require a warrant based on probable cause; game wardens are not exempt from this,” asserted attorney Suranjan Sen. He emphasized the invasive nature of these searches, where officials can bypass property defenses without consent from owners. Boley expressed his concerns, stating, “It used to be a place where I could relax, but now I find it hard to do so knowing someone could be snooping around.”
The crux of the lawsuit challenges an Alabama statute that ostensibly authorizes game wardens to access private lands while performing their duties. IJ is pushing for a judicial ruling that affirms all private property, whether for recreation or hunting, deserves robust constitutional protections analogous to those afforded to one’s home.
IJ attorneys Josh Windham and Suranjan Sen are spearheading this case, which echoes similar challenges in other states, including Tennessee, where a recent victory nullified warrantless surveillance of private land. “Private property is meant to be just that—private,” Windham stated, advocating for stronger protections for individual rights in Alabama.
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