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.
Hellbound and Down 