Over the past few years, we have seen the government on numerous occasions overstep their bounds which is why we have a fourth amendment that protects American’s against warrantless searches.
A Virginia homeowner has decided to take the government to court after he and his family experienced a blatant infringement of their rights when the state game wardens trespassed on his 30 acres of land, scaring his family, and stealing a trail camera.
Josh Highlander described the experience to Fox News digital stating “It’s almost like we’ve got a situation with where they think their power’s limitless,” he said. “And I just don’t feel like that’s right.”
“No Trespassing” signs are placed throughout the exterior Highlander’s property clearly marking private property.
On the first day of turkey hunting season in April, Highlander’s family were outside playing basketball and when the ball landed by the woods, his wife noticed someone in full camouflage walking on the property. Quickly grabbing her child and retreating into the house, Highlander said “My wife has got, like, this panic in her eyes.”
He went outside to investigate, believing it was a hunter but was unable to find anyone. Later that day, he noticed his trail camera was gone, which was placed only 150 yards from the home.
The local sheriff’s department was called to report the missing camera, but to his surprise, the sheriff said that the camera wasn’t stolen but seized by the Virginia Department of Wildlife Resources (DWR). Highlander hired an attorney after he felt his rights were clearly violated.
His attorney, Joseph Gay from the Institute for Justice, retained the case as the nonprofit specializes in “widespread abuses of government power.” The attorney was told that DWR would be in contact with Highlander soon regarding the camera but no word two months later.
Fox News Digital reported only a few states “have extended Fourth Amendment protections to privately owned land beyond the curtilage of a home,” but Virginia “is not among them.”
“The basic principle here is that if we as ordinary people can’t sneak onto somebody’s land and steal their camera, then government agents shouldn’t be able to do that either,” Highlander’s attorney said. “Not without a warrant.”
According to Highlander and his attorney, this must change immediately.
“Part of what this case wants to do is to establish the principle that no trespassing signs should apply to government agents, too,” said Gay.
The main difference between Highlander’s case and others similar is that the DWR didn’t place a camera, rather they took a privately purchased camera without a warrant.
“We see that as a completely separate violation of the Constitution and one that I think is clearly established as a violation of the Constitution under case law around the country,” Gay said.
The Highlander family isn’t trying to sue the government for millions of dollars in order to get rich, they want the camera returned and the ability to keep private property, private.