Banta Applauds Pennsylvania Supreme Court Decision Ruling Warrantless Searches on Private Land Unconstitutional

July 22, 2026

ERIE - Rep. Jake Banta (R-Erie), a lifelong sportsman and member of the House Game and Fisheries Committee, today applauded the ruling by the Pennsylvania Supreme Court declaring warrantless searches unconstitutional.

This ruling affirms Pennsylvania property owners more privacy protections over their land under the state Constitution than the U.S. Constitution.

"Until yesterday, your private land with clear markings was never actually considered 'private.' A game warden or similar state agent could walk through with no penalties," Banta said. "This ruling protects private property rights for all Pennsylvanians, reassuring landowners that they are the only ones who can allow others on their property."

Warrantless searches by state agents on private property were previously considered legal under the "open fields" doctrine, which was at a center of the case brought forward by two western Pennsylvania hunting clubs against the Pennsylvania Game Commission (PGC). The recent ruling requires any PGC employees or government officials to satisfy all warrant requirements before entering private land.

In explaining the unanimous decision, the court wrote: "[We] hold that Article I, Section 8 provides Pennsylvania citizens with greater protection than the Fourth Amendment to the United States Constitution as it relates to the open fields of any landowner that has demonstrated a reasonable expectation of privacy by taking sufficient steps to exclude intruders therefrom."

Reasonable expectation of privacy includes having signage, purple paint or a fence that indicates no trespassing or private property. The court was unclear about completely open and unmarked land.

"These are small steps to take to ensure you, your property and your rights are protected," Banta said. "I appreciate Punxsutawney Hunting Club and Pitch Pine Hunting Club for bringing this case forward, arguing what is right and securing these rights for all landowners in the Commonwealth."

Banta previously cosponsored legislation that would have similarly prevented warrantless searches under the open fields doctrine.

Representative Jake Banta
4th District
Pennsylvania House of Representatives
Media Contact: Lindsey Cook
[email protected]
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