Man sues after uncovering true identity of camouflaged intruder in his woods.

A Virginia Property Owner Accuses State Fish and Game Warden of Trespassing and Theft

A Virginia property owner is taking legal action against a state fish and game warden who allegedly trespassed onto his private property and stole one of his trail cameras. The homeowner, Josh Highlander, owns a 30-acre wooded property east of Richmond, Virginia. According to Reason Magazine, Highlander’s wife spotted a man wearing camouflage hiding in the trees near their house while they were enjoying the outdoors in April.

Highlander went to investigate but found no one. However, he discovered that one of his game cameras was missing. Concerned about the trespasser, Highlander reported the incident to the police. To his surprise, he learned that the intruder was an agent of Virginia’s Department of Wildlife Resources (DWR) and that the agency claimed the right to conduct a search and seizure on his property.

Journalist Brian McGlinchey’s article reveals that the agent who took Highlander’s trail camera was one of three agents who had been trespassing on his and his neighbors’ properties without a warrant. These agents also issued citations to Highland’s brother and father for allegedly hunting illegally “over bait.” However, Highlander argues that the so-called “bait” was actually seed for his brother’s food plot, which complied with the DWR’s rules for managing the plot.

Aside from the loss of his camera, Highlander claims that the agents’ incursion has caused his son to fear playing outside in their own backyard. Frustrated by the lack of accountability, Highlander has filed a lawsuit against the state, accusing it of violating private property rights and engaging in unconstitutional practices.

The Legal Battle and Constitutional Questions

The lawsuit filed by Highlander and represented by the Institute for Justice challenges the “open fields doctrine” that allows government agents to enter private land without a warrant. This doctrine, based on a 1924 Supreme Court decision, asserts that the Fourth Amendment’s protection against unreasonable searches and seizures does not extend to open fields.

However, recent rulings, such as Oliver v United States, have further solidified this doctrine, granting authorities the power to enter private property to search for illegal activities. The Institute for Justice argues that this doctrine disregards the fundamental purpose of the Fourth Amendment, which is to ensure the security of Americans on their properties.

While the open fields doctrine may be sanctioned by the Supreme Court, some states, like Pennsylvania and Tennessee, have stronger protections for private land. In Virginia, the state constitution mentions “places,” which Highlander’s property falls under. Attorney Joshua Windham, representing Highlander, argues that this provision makes the agent’s theft of the trail camera illegal in Virginia.

Fighting for Privacy and Constitutional Rights

Highlander is determined to fight for his family’s privacy and prevent similar incidents from happening to others. He believes that no person should have limitless power, and the intrusion on his property has left him feeling vulnerable and anxious.

The case highlights the increasing proactive nature of federal, state, and local authorities in invading people’s privacy and convicting them before formal charges are even made. However, citizens have the means to address these infringements and protect their rights.

As the legal battle unfolds, Highlander hopes to secure meaningful constitutional protection for Virginians and ensure that their land and property are safeguarded. He emphasizes the importance of standing up against such violations and fighting for privacy rights.

Source: The Western Journal

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