Tim and Stephanie Thomas purchased their cabin on Butler Lake in Susquehanna, Pennsylvania, in 2014. In 2022, after Stephanie was diagnosed with stage four cancer, it also became a sanctuary for her to rest and recover after her treatments. Unfortunately, the peace of Stephanie’s sanctuary was soon disrupted.
On two separate occasions in 2023, Ty Moon, a Waterways Conservation Officer (“WCO”) for the Pennsylvania Fish and Boat Commission, invaded the Thomases’ lakeside property. First, in May 2023, WCO Moon pounded on the Thomases’ front and back doors, roamed around their yard and took pictures of their cabin, dock, and yard—all without a warrant—on the unfounded belief that Tim had been fishing without a license. Then, in August of 2023, WCO Moon marched right by several “No Trespassing” signs, walked around the cabin, through the yard and down to the dock to seize Tim’s fishing rods. This time WCO Moon acted on an equally unfounded belief that Tim had been fishing with too many rods. Both incidents left Tim and Stephanie shaken and angry.
WCO Moon was able to intrude on the Thomases’ yard due to a Pennsylvania law which grants vast authority to WCOs. Under that law, WCOs are permitted to “[e]nter upon any land or water in the performance of their duties.” 1 But this unlimited power directly conflicts with the Fourth Amendment of the United States Constitution, which requires law enforcement to obtain a warrant to search people’s homes and yards.
To vindicate his Fourth Amendment rights, and the rights of all Pennsylvanians, Tim has teamed up with the Institute for Justice (IJ) to file a federal lawsuit challenging the Pennsylvania law which permits this warrantless trespassing by WCOs. Tim is doing so in memory of his late wife, Stephanie.
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The Thomases’ Lakeside Sanctuary
When Tim and Stephanie purchased their lakeside cabin in 2014, it was the fulfillment of a dream they had long shared. After years of running their family business from their home, they wanted a place where they could get away to slow down. They dreamt of spending relaxing days by the lake watching their children and grandchildren enjoy the property. After years of hard work and renovation efforts, this dream became a reality. They gradually spent more and more time at the lake. Tim enjoyed spending his mornings fishing and kept his small pontoon boat moored at a dock on the property, close by the cabin.
The cabin became even more dear to them in 2022 after Stephanie’s cancer diagnosis. They used it as a quiet retreat where she could recuperate after her many treatments. Because those treatments made it difficult for Stephanie to get around, the small, one-story cabin also had practical advantages to their primary home. Tragically, after a courageous battle, Stephanie passed away in the summer of 2024. Though their cherished cabin remained a comfort to her until the end, her sense of peace and security there was sadly marred in her final years by repeated invasions of her privacy.
The May Intrusion
In May 2023, WCO Moon came to the Thomases’ cabin while Stephanie was home alone. He approached the front door and knocked loudly. With limited mobility from her treatments, and nervous that she did not recognize the visitor, Stephanie did not answer the door. WCO Moon then went around to the back door and continued pounding, making Stephanie even more nervous. Making matters worse, WCO Moon began shouting, “I know you’re in there!” and yelling that he was going to call the police. When nobody answered, WCO Moon entered the Thomases’ backyard and took pictures of their cabin, vehicle, and boat. WCO Moon’s intrusion left Stephanie shaken.
The next day, on the way home from church, the Thomases pulled over so that Tim could pick flowers from the side of the road for Stephanie. While the Thomases were pulled over, WCO Moon pulled in front of them, exited his car, and told the Thomases that they were the people he’d “been chasing” and that he would “get to the bottom of things.” The confrontation left Tim and Stephanie confused.
Their confusion only grew a few days later when they received a citation in the mail alleging that Tim had eluded an officer and had been fishing without a license. The allegations were untrue, so Tim submitted a complaint to the Pennsylvania Fish and Boat Commission, explaining what had happened and recounting WCO Moon’s unprofessional behavior. In response, the charges against Tim were dismissed. Tim was vindicated, but unfortunately his reprieve did not last long. Emboldened by the vast power conferred on WCOs to conduct warrantless searches, WCO Moon continued fishing for some kind of wrongdoing by Tim.
The August Intrusion
A few months later, WCO Moon targeted the Thomases for a second time. He set up on a hunting club’s property across the lake from the Thomases’ cabin and, with a pair of binoculars, watched Tim fishing from his pontoon boat on the lake. WCO Moon later alleged that he saw Tim fishing with eight rods (the rod-holder on Tim’s boat only has room for six rods), instead of the three permitted by state statute. In reality, Tim was using three fishing rods and three depth-placement devices, which is legal, as depth-placement devices do not count towards the total rods permitted by statute. Regardless, WCO Moon believed he had seen enough.
WCO Moon left the hunting club property, parked down the street from the Thomases’ cabin, and crossed a private driveway that the Thomases share with their neighbors. WCO Moon then crossed the Thomases’ own driveway, went around the side of their cabin, and entered their backyard. Along the way, he walked by several “No Trespassing” signs that Tim had placed around the property. When WCO Moon entered the Thomases’ side yard, Stephanie was taking a bath in the cabin, which has an uncovered window facing the yard; WCO Moon walked within 3 feet of that window as he walked through the side yard and into the backyard.
WCO Moon then crossed the backyard, walked approximately 75 feet to the Thomases’ dock, and began seizing fishing rods from their boat. While WCO Moon was seizing the fishing rods, Tim confronted him and told him to leave the property immediately. Tim was shocked that WCO Moon had walked directly through his yard and down to the dock without asking for Tim’s permission. He was even more outraged that, in so doing, WCO Moon had walked right by the window where Stephanie was taking a bath. Stephanie was even more upset. Due to her limited mobility, she couldn’t easily get out of the bath and away from the window. She felt violated. WCO Moon eventually left, taking Tim’s fishing rods with him.
Before driving away with Tim’s fishing rods, WCO Moon issued Tim a citation for fishing with more than eight rods. Though Tim was initially assessed a fine for this violation, he had a hearing in July 2024 at which the judge found him not guilty of the offense. Sadly, Stephanie passed away shortly after that hearing. WCO Moon’s intrusions brought unnecessary stress and chaos for Tim and Stephanie as she neared the end of her life.
Pennsylvania Tries to Exempt the Fish and Boat Commission from the Fourth Amendment
What happened to the Thomases could happen to any Pennsylvanian who happens to live near water. By granting WCOs the power to “[e]nter upon any land or water in the performance of their duties,” Pennsylvania law gives them nearly limitless power to enter private property without a warrant. This grant of powers is prohibited by the Fourth Amendment to the United States Constitution, which protects Americans’ right to be secure from unreasonable searches. The Fourth Amendment’s protection extends to homes and yards (in legal terminology, the “curtilage” of a home). As a rule, if an officer wants to search someone’s home or yard, they need to first obtain a warrant supported by probable cause. Warrantless searches are generally unreasonable outside of emergency situations.
Pennsylvania’s statute runs roughshod over this core constitutional guarantee. It effectively operates as a general warrant, allowing law enforcement to poke around looking for unspecified crimes without reason to believe any have been committed. General warrants were anathema to the Founders and are flatly barred by the Fourth Amendment. Pennsylvania cannot exempt any category of law enforcement—regardless of their function—from that prohibition.
The Parties and the Court
The plaintiff in this case is Tim Thomas. The defendants are Timothy D. Schaeffer in his official capacity as Executive Director of the Pennsylvania Fish and Boat Commission, and Ty C. Moon in his official capacity as Waterways Conservation Officer (WCO). This case was brought in the United States District Court for the Middle District of Pennsylvania.
The Legal Claim
This case challenges the federal constitutionality of the Pennsylvania statute that gives WCOs the power to search all private property without a warrant. It alleges that the statute violates the Fourth Amendment, which guards against unreasonable searches and seizures.
The Litigation Team
Tim Thomas is represented by Institute for Justice Attorneys Kirby Thomas West and John Wrench, along with Litigation Fellow Dylan Moore.
About the Institute for Justice
Founded in 1991, the Institute for Justice is the national law firm for liberty. This case is part of IJ’s Project on the Fourth Amendment, which seeks to protect the right of Americans to be secure in their persons and property. IJ is litigating several other challenges to warrantless searches of private property, including in Louisiana, Pennsylvania, and Virginia.
