PA Supreme Court: game wardens may pursue evidence on posted land

HARRISBURG, PA — The Pennsylvania Supreme Court has ruled that game wardens may enter posted land to investigate hunting violations. In a 4-3 decision, the court ruled that landowners do not have a reasonable expectation of privacy when law enforcement is in question.

In his opinion, written for the majority, Justice Ronald D. Castille wrote, “The citizens of this commonwealth throughout our history have shown a keen interest in protecting and preserving as an asset the diverse wildlife that find refuge in the fields and forests within our borders. This interest is so strong that it is enshrined by a separate provision of the Pennsylvania Constitution.”

The case arose when the defendant, Joseph Russo Jr., used mashed apples to bait a bear in Mehoopany Township, Wyoming County. He was ordered to pay $3,600 in fines and restitution. Russo appealed, arguing that the evidence had been found on property posted with no-trespassing signs, and that by going on posted land, game wardens had violated constitutional protections against unreasonable search and seizure.