Susquehanna, PA – In a bold move to defend his constitutional rights, Tim Thomas, a resident of Susquehanna County, has filed a federal lawsuit against the Pennsylvania Fish and Boat Commission.
The case challenges a state law that allows waterways conservation officers (WCOs) to enter private property without a warrant. Thomas, with the support of the Institute for Justice (IJ), hopes to strike down this law and restore the Fourth Amendment protections against warrantless searches.
Thomas and his late wife, Stephanie, bought their peaceful lakeside cabin on Butler Lake in 2014, but their sanctuary was soon disrupted. In 2023, Officer Ty Moon of the Fish and Boat Commission entered their property on two occasions without a warrant based on unfounded fishing violations.
Moon ignored multiple “No Trespassing” signs, walked around their home, and even confiscated fishing rods from Thomas’ dock. Both citations were later dismissed in court.
When WCO Moon entered the Thomases’ side yard, Stephanie (Tim Thomas’ wife) was taking a bath in the cabin, which has an uncovered window facing the yard; WCO Moon walked within 3 feet of that window as he walked through the side yard and into the backyard.
What troubles Thomas most is the sense of invasion. “We bought this cabin for peace and privacy,” he said, recalling how Moon passed by his windows, even as his wife, battling stage four cancer, was inside. “The first time was bad enough, but the second time felt even more intrusive.”
Thomas’ lawsuit, filed in September 2024, highlights the conflict between Pennsylvania law and the U.S. Constitution’s Fourth Amendment, which protects citizens from unreasonable searches.
The law in question grants WCOs sweeping authority to enter private land and conduct searches without a warrant, a power far beyond what is granted to typical law enforcement officers.
John Wrench, an attorney with IJ, emphasized the gravity of the case. “You don’t lose your constitutional rights because you live near a lake,” he said. “If the government wants to search your property, they need a warrant. That’s a fundamental right in this country.”
The lawsuit follows other similar legal battles challenging the so-called “Open Fields Doctrine,” which permits law enforcement to search rural lands without warrants under certain conditions. Recent victories, like one in Tennessee earlier this year challenging warrantless trespassing and surveillance on private land, suggest a growing push to restore Fourth Amendment protections against such overreach.
For Thomas, this is not just about fishing. It’s about ensuring that government officials respect the privacy and property rights of all Pennsylvanians. With his wife’s passing and the emotional toll these invasions caused, Thomas hopes this case will protect others from experiencing the same.
“This is bigger than fishing or boats,” he said. “It’s about our basic rights as citizens.”
The Pennsylvania Fish and Boat Commission has yet to comment on the lawsuit, citing its policy not to discuss ongoing litigation. However, the outcome of this case could have far-reaching implications for property rights across the state.
Well good luck. It’s hard to get government to give up absolute power. We had the same thing in Kommiefornia. A game warden went onto private property and sighted a man for fishing on his own lake on his private property without a license and took his fishing gear. The argument from the state was that he was fishing without a license. The argument from the individual was that it was his private property and the game warden trespassed and there were “no trespassing” signs posted. The state made clear that the DFG has ultimate access to any property without… Read more »
Pennsylvania State Police, and local police officers know this. So they call game wardens, and WCO’s to search properties so that LEO’s don’t have to wait for a search warrant, or if they don’t have enough evidence for a warrant.
I hope Mr Thomas wins this battle, both for himself and other citizens of Pennsylvania.
Not too long ago, perhaps this year, in Tennessee the state Supreme Court ruled for the citizen in a similar matter.
A man had suffered with Tennessee wildlife officers intruding on his property, setting up trail cams, and other invasions of his privacy. After a series of court battles, the Tennessee Supreme Court ruled in his favor.
https://tennesseelookout.com/2024/05/13/appeals-court-wildlife-officers-warrantless-searches-of-private-property-are-unconstitutional/
This is the true nature of system pigs. Exercise control rather than serve, generate revenue rather than protect real commerce, violate rather than follow the law.
Seems like government has been getting progressively more and more out of hand since WW-1. Maybe that’s what the Democrat party means by being “progressive”.
Signs were worded wrong. “Trespassers will be shot, questioned later”
Things like this occur when you give a minor official authority but no responsibility.
Don’t forget that it was some joker with the Fish & Game department who had a senator that was his friend, and told him to add silencers to the ( illegal) 1934 gun control act to stop, not bootleggers and bank robbers, but to stop poachers! Did this stop poaching? Of course not. Every month there are news stories about poaching rings in America. All it did was restrict law abiding American gun owners. In Europe, with all their crazy gun laws, most countries require hunters to use sound suppressor/ silencers on their rifles when hunting as to not frighten… Read more »
The continuing unexplained disappearance of government employed individuals remains a cause for concern, said no one…
folks you need to know that every one of these comments are read by anti gunners and used against us. they use them to paint us as knuckle dragging neanderthals ku klux klan and worse. you are talking about murdering a human being over a disagreement on laws and policy. trespassing is a misdemeanor in all 50 states no death penalty for a misdemeanor. its no wonder law enforcement agencies nationwide can’t find qualified applicants let alone retain the ones they have. and yes I am a retired natural resources police officer so I know how things work. so you’ll… Read more »