KILLEN, Alabama (PNN) - May 26, 2025 - A court is being asked to act against state officials who unlawfully bypass the requirements of their own state constitution and thereby act criminally.
The situation is that while the Alabama constitution "makes it clear that if the government wants to come searching on your property, they need a warrant based on probable cause," outlaw agents from the state Department of Conservation and Natural Resources simply cite a statute to ignore that requirement and thus commit crimes against the people.
The Institute for Justice now is working with three Alabamans to sue over the practice that has outlaw agents unlawfully invading and searching private property not only without a warrant, but without consent.
The plaintiffs are Killen residents Dalton Boley and Regina Williams and Muscle Shoals resident Dale Liles, who all took action after facing multiple unlawful privacy intrusions by criminal game wardens.
None ever has been charged with hunting violations, "yet game wardens have snooped around on their properties without warrants on multiple occasions. That is because of an invalid and unconstitutional Alabama statute that unlawfully empowers game wardens to 'enter upon any land… in the performance of their duty.' Whether it is a posted field or residential yard, the invalid statute (pretends to give) wardens broad power to roam around private property without any warrant," the IJ said.
But IJ lawyer Suranjan Sen explained, "The Alabama constitution makes it clear that if the government wants to come searching on your property, they need a warrant based on probable cause, and game wardens are not exempt from the constitution."
Williams owns 10 acres in Killen and had used it for decades, but as she aged, she gave her neighbor, Boley, and his family permission to use it.
Then the game wardens arrived.
"This used to be a place where I could come to relax and get away from it all, but now that I know someone could be snooping around, I find it hard to just go there and relax," said Boley, who has faced unsubstantiated accusations from the outlaw agents.
"In Muscle Shoals, Dale owns and leases a combined 86 acres with sprawling fields, marshes and swamps. Unlike Dalton and Regina, Dale does use his land for hunting with his children and grandchildren. There are two entrances to the land: a private gravel road and a gated entrance. Dale first saw a game warden's truck parked on his land in August 2018. He tried to talk to the warden, but (the outlaw criminal warden) sped away," the IJ said.
The outlaw game wardens appeared again later.
A trail camera then caught yet another criminal game warden on the land.
"I'm all about preserving our wildlife and great outdoors - that is why I am the president of my local Ducks Unlimited chapter. But game wardens still have to respect people's rights," said Liles. "Aside from my own privacy concerns, I don't like that the wardens don't wear orange when they are roaming around. It makes it very dangerous when you are hunting with rifles and people aren't wearing colors that make them easy to see."