IJ Challenges Fishy Government Snooping

When IJ client Tim Thomas and his wife, Stephanie, bought a small cabin that sits on Butler Lake in Susquehanna, Pennsylvania, they hoped it would give them a peaceful place to escape the worries of everyday life. For nearly a decade, it did. And when Stephanie was diagnosed with cancer in 2022, the cabin became essential; its quiet location and serene views made it a perfect place of respite while she underwent treatment.

But in 2023, the Thomases’ sense of security in their home was shattered. That’s because, on two separate occasions, Pennsylvania Waterways Conservation Officer Ty Moon entered their propertywithout a warrant to search for evidence of fishing and boating violations that never happened. 

The first time WCO Moon showed up uninvited, Stephanie was home alone. Moon pounded on the front door, but Stephanie didn’t answer—she didn’t know who was there, and her cancer treatment made it hard for her to get around. Undeterred, Moon walked to the end of the Thomases’ driveway, strolled past several “No Trespassing” signs, and slipped through a small gap between the side of the cabin and the Thomases’ landscaping to bang on their back door, shouting: “I know you’re in there!” 

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After once again receiving no response, Moon wandered through the Thomases’ backyard and took pictures of their cabin, their car, and their pontoon boat, which was moored to their private dock. Days later, Tim received a strange citation alleging that he had evaded an officer while fishing without a license. This was untrue, and when Tim lodged a complaint, the charge was dropped.

But Moon was not through. A few months later, he was stationed at a private hunting club across the lake, secretly watching Tim fish through a set of binoculars. Tim returned his boat to his private dock, and Moon arrived shortly thereafter. To get there, he walked past an open, eye-level bathroom window as Stephanie took a bath. Over Tim’s protests, Moon inspected the property and seized eight fishing rods. Again, Tim was charged with a crime (this time, fishing with too many rods), and again he was vindicated (this time, in court). 

Moon never had a warrant or the Thomases’ permission to enter their property. Instead, he relied on a Pennsylvania law that gives WCOs blanket authority to “enter upon any land or water”—including the land immediately surrounding homes—to search for evidence of fishing and boating violations. This all-encompassing power to search private property is unique to WCOs, and it’s even more expansive than what’s permitted under the Open Fields Doctrine (which IJ is fighting to limit in state courts, including in Pennsylvania). Other Pennsylvania law enforcement officers have to get a warrant before they sniff around people’s houses to look for evidence of crimes.

Tim knows that, under the Fourth Amendment, “fish cops” have to get a warrant, too. So he teamed up with IJ to file a federal lawsuit challenging the Pennsylvania law that gives WCOs permission to trespass on private property. Sadly, Stephanie passed shortly before the case launched. But Tim presses on in her honor to ensure that all Pennsylvanians’ homes have the same Fourth Amendment protection—regardless of whether they happen to sit near a body of water.

Dylan Moore is an IJ attorney.