Tom Manuel is a forester who owns timberland in East Feliciana Parish, Louisiana. First and foremost, the land is part of his private forestry business/tree farm. Similar to most non-industrial, private forest owners, Tom also manages the property for wildlife conservation, recreation, and multiple other uses as well.
[ Ссылка ]
When his kids were young, his family spent time on the property learning about tree farming, hunting, camping, and riding four-wheelers. Tom, an avid outdoorsman, also enjoys hunting on the land. And the land is marked accordingly: Boundaries are fenced and painted, entrances are gated and posted. It’s a private place—and Tom wants to keep it that way.
But Louisiana Department of Wildlife and Fisheries (LDWF) game wardens have other ideas in mind. Twice in December 2023, they entered Tom’s land without consent, a warrant, or probable cause and confronted first him and then his brother. They were interrogated but both were complying with hunting laws and neither was given a citation.
The game wardens think they have unlimited power to invade private land under an old Supreme Court rule called the “open fields doctrine.” The rule says that the U.S. Constitution’s protections against unreasonable searches and seizures do not extend to land outside the immediate area around a home. But the wardens are ignoring that the Louisiana Constitution is different—it protects all “property” from warrantless searches.
To vindicate his property rights for himself and all other users of private property in Louisiana, Tom has partnered with IJ to file a suit in Louisiana state court that aims to put a stop to these warrantless intrusions once and for all.
