Mid-South Conference: Panel to discuss Fourth Amendment, warrantless search of private lands
“This is an important area of the law that could become even more important for federal and state agency officials, law enforcement, producers and rural landowners in the coming years.” — Harrison Pittman
By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
May 31, 2024
Fast facts:
- Institute of Justice’s Robert Frommer and Joshua Windham will present on Fourth Amendment and private lands
- Conference is June 6-7 in Memphis, Tennessee
- Registration is online.
(559 words)
Download related photos of Frommer and Windham
FAYETTEVILLE, Ark. — You got a warrant?
The Fourth Amendment of the Constitution guarantees “the right of the people to be
secure in their persons, houses, papers, and effects, against unreasonable searches
and seizures,” but, what about private agricultural land? According to the open fields
doctrine, the Fourth Amendment’s protections would not extend that far.
The open fields doctrine was established in the 1924 Supreme Court case Hester v.
United States, which involved federal officers seizing alcohol, illegal due to Prohibition,
in a privately-owned field. The doctrine contends that open fields, even those that
are privately owned, can be subject to a search without a warrant or probable cause.
The doctrine was taken a step further in 1984, when the Supreme Court ruled in Oliver
v. United States that the open fields doctrine applies even when a “No Trespassing”
sign is posted. In addition to the open fields doctrine, there are “administrative
searches” that can allow for warrantless searches of private property.
“This is an important area of the law that could become even more important for federal
and state agency officials, law enforcement, producers and rural landowners in the
coming years,” Harrison Pittman, director of the National Agricultural Law Center,
said.
The Institute for Justice recently found that nearly 96 percent of all private land in the country, which is about 1.2 billion acres, is essentially
open to warrantless government access. In recent years, IJ, a public interest law
firm representing clients free-of-charge, has been active on this issue, partnering
with clients from Tennessee, Louisiana, Ohio and other states. For instance, a Louisiana
landowner, partnered with IJ, filed a lawsuit after two instances of officers from the Louisiana Department of Wildlife and Fisheries
entering his land.
IJ Senior Attorney Robert Frommer said that farmers, better than most people, know
the importance of private property.
“Their lands put food not just on their own family’s table, but every American’s,”
he said. “Yet over time, courts have crafted any number of Fourth Amendment exceptions,
including the open fields doctrine, that together give officials warrantless access
onto much of this nation’s private land, including agricultural land and other rural
properties.”
At the NALC’s Mid-South Agricultural and Environmental Law Conference, a session titled
“Fourth Amendment and Agriculture: Warrantless Access to Ag & Private Rural Lands,”
presented by Frommer and Joshua Windham, attorney and Elfie Gallun Fellow in Freedom
and the Constitution at IJ, will focus on the issue and what lies ahead.
“These search-and-seizure exceptions often hit farmers and rural landowners the hardest,”
Windham said. “Rob and I explain what the Institute for Justice is doing on this issue,
and what farmers, agency officials, and legislators should know to better protect
the security of private land.”
The conference is June 6-7 at the University of Memphis Cecil C. Humphreys School of Law. A livestream option is available for those unable to attend the sessions in person.
Registration is online.
“Robert and Josh bring with them great insight, as the Institute for Justice has been
involved in this issue first-hand,” Pittman said. “Their expertise will help shed
light on a topic that’s important to the Mid-South and beyond.”
Continuing education available
The conference is approved for continuing legal education in Arkansas, Kansas, Missouri,
Mississippi and Tennessee. It has also been approved for continuing education by the
American Society of Farm Managers and Rural Appraisers.
For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on X. The National Agricultural Law Center is also on Facebook and LinkedIn.
For updates on agricultural law and policy developments, subscribe free of charge
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About the National Agricultural Law Center
The National Agricultural Law Center serves as the nation’s leading source of agricultural
and food law research and information. The NALC works with producers, state and federal
policymakers, Congressional staffers, attorneys, land grant universities, and many
others to provide objective, nonpartisan agricultural and food law research and information
to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and
works in close partnership with the USDA Agricultural Research Service, National Agricultural
Library.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen
agriculture, communities, and families by connecting trusted research to the adoption
of best practices. The Division of Agriculture conducts research and extension work
within the nation’s historic land grant education system through the Agricultural
Experiment Station and the Cooperative Extension Service.
The Division of Agriculture is one of 20 entities within the University of Arkansas
System. It has offices in all 75 counties in Arkansas and faculty on five system campuses.
The University of Arkansas System Division of Agriculture is an equal opportunity/equal
access/affirmative action institution. If you require a reasonable accommodation to
participate or need materials in another format, please contact dviguet@uark.edu as
soon as possible. Dial 711 for Arkansas Relay.
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Media contact:
Drew Viguet
Communications & Special Projects Coordinator
National Agricultural Law Center
dviguet@uark.edu