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Brigham Young University Prelaw Review

Keywords

Open Fields Doctrine, Game Wardens, Fourth Amendment, Search and Seizure, Wildlife Conservation

Abstract

Since the establishment of the Open Fields Doctrine in 1924, both private and public lands not immediately surrounding a home or commercial building have been open to search and seizure by U.S. game wardens. Owing to a century of access without judicial supervision, the powers of game wardens have expanded to a state of overreach which violates the Fourth Amendment rights and privacy of citizens. This paper proposes a federal statute that clearly delineates the circumstances under which game wardens can enter private property. Legal scholars generally agree on the need for reform; however, current discussions often fail to address the extent of the breaches of privacy authorized by the Open Fields Doctrine.

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