Joshua Windham is a senior attorney at the Institute for Justice and the co-director of IJ’s Project on the Fourth Amendment. He earned his J.D. from the University of North Carolina School of Law in 2016. Since joining IJ, Josh has focused on defending property rights and economic liberty in state and federal courts across the country.
Josh’s property rights cases have defended ordinary Americans against unreasonable searches of their land, seizures of their property, and surveillance of their movements and private lives. In particular, Josh is an expert on the open fields doctrine—the misguided legal rule that government officials may search private land without a warrant.
For example, Josh was the lead attorney in Punxsutawney Hunting Club v. Pennsylvania Game Commission and Rainwaters v. Tennessee Wildlife Resources Agency, in which the Pennsylvania Supreme Court and Tennessee Court of Appeals, respectively, held that their state constitutions require a warrant to search land that is visibly marked as private. And he has written several articles on the open fields doctrine’s scope, flaws, and harms, including Good Fences? Good Luck, The Open Fields Doctrine Is Wrong, and Hunting Open Fields.
Josh’s economic liberty cases have defended entrepreneurs and small businesses against irrational licensing laws, certificate of need laws, and healthcare restrictions. He was the lead attorney in Ladd v. Real Estate Commission, in which the Pennsylvania Supreme Court held that the Pennsylvania Constitution demands greater protection for economic liberty than the U.S. Constitution. His forthcoming law review article, The Right to Earn a Living in Pennsylvania, reinforces that decision.
Joshua's Cases
Cosmetology | Economic Liberty
South Carolina Mobile Beauty
The Case Brandi Rosemond wants to run a mobile beauty salon. And she’s done everything you’d expect to get her business off the ground. She went to beauty school and learned…
4th Amendment Project | Immunity and Accountability | Private Property
U.S. Citizen Demands End to Unconstitutional Raids and Detentions
A U.S. citizen, who was wrongly detained twice, is suing to stop unconstitutional raids on private construction sites.
4th Amendment Project | Open Fields Doctrine | Private Property
Alabama Residents File Lawsuit Challenging Statute Permitting Game Wardens to Search Private Property Without Warrant
Three northern Alabama residents have teamed up to file a lawsuit challenging a statute that allows game wardens to trespass on private property without a warrant.
4th Amendment Project | License Plate Readers | Rule of Law | Warrantless Surveillance
Federal lawsuit challenges city's prolonged, warrantless surveillance of entire driving public
Norfolk, Virginia has installed more than 170 cameras across the city that watch drivers' every movement. Now, two Norfolk-area residents have teamed up with the Institute for Justice to file a federal lawsuit challenging the program.
4th Amendment Project | Open Fields Doctrine | Private Property
Lawsuit Challenges Warrantless Searches of Land
Louisiana game wardens have entered Tom Manuel's land uninvited and without a warrant multiple times. He's asking courts to follow the Louisiana Constitution and protect private property from unreasonable searches.
4th Amendment Project | Open Fields Doctrine | Private Property
Homeowner Sues Game Wardens Who Snuck onto His Property and Swiped a Camera
Virginia game wardens entered a family's property, seized their camera, and searched it—all without consent or a warrant.
4th Amendment Project | Rule of Law | Warrantless Surveillance
Texas Sheriff’s Deputy Falsifies Traffic Offense to Justify Unwarranted Truck Search
Alek Schott partnered with IJ for a federal lawsuit against Bexar County deputies for illegally stopping him for a traffic violation that he didn’t commit, and then using the stop to detain him and search his truck in violation of his Fourth Amendment rights.
4th Amendment Project | Open Fields Doctrine | Other Property Rights Abuses | Private Property
Landowners Sue to Stop Warrantless Searches
For years, wildlife officers in Pennsylvania have been ignoring the privacy rights of hunters under the so-called “open fields doctrine,” which posits that private land doesn’t receive privacy protections. This IJ suit challenges the constitutionality of this doctrine, and seeks to protect the Fourth Amendment rights of all Pennsylvanians.
4th Amendment Project | Business Inspections | Other Property Rights Abuses | Private Property
Small Business Owner Sues to Stop Ohio’s “Whenever, Wherever” Inspections
A taxidermist was threatened with jail time after he asked a wildlife officer to get a warrant before searching his property. With the help of IJ, he’s fighting back to protect the privacy rights of all Ohioans.
Economic Liberty | Health
Montana Bans Doctors from Offering Medications to Their Patients Just to Protect Pharmacies from Competition
The vast majority of states allow patients to purchase medications directly from their prescribing doctor. For years, this practice was banned in Montana, until IJ stepped in to challenge the law and lawmakers immediately moved to end the ban.
Economic Liberty | Food Freedom
Lincoln Home Baker Challenges City’s Unnecessary Regulations
Lincoln, Nebraska imposed restrictions on home bakers that the state itself decided to get rid of. One home baker named Cindy Baker teamed up with IJ to successfully challenge Lincoln’s foolish restriction.
Economic Liberty | Health
North Carolina Ophthalmologist Challenges Outdated Certificate of Need (“CON”) Law
The government should never prevent doctors from safely providing affordable health care services their patients need. But that’s exactly what North Carolina, along with 34 other states, do every day. Dr. Jay Singleton is working with IJ to challenge North Carolina’s foolish certificate of need law.
4th Amendment Project | Open Fields Doctrine | Other Property Rights Abuses | Private Property
Landowners sue to stop warrantless searches
Tennessee Wildlife officials were caught putting cameras on Terry Rainwaters’ property, ignoring his “No Trespassing” signs. Terry and another rural Tennessee property owner are joining forces with IJ to fight back against the “open fields doctrine” that permits this action in violation of the Fourth Amendment.
Immunity and Accountability | Private Property | Rule of Law
Institute for Justice Asks U.S. Supreme Court to Hold Government Officials Accountable For Destroying Idaho Home with Grenades
If you tell police they can go into your home, does that mean they can also legally stand outside and pepper it with shotgun-fired tear gas grenades—destroying everything inside? That is the question asked by a petition to the Supreme Court of the United States filed by IJ on behalf of Idaho resident Shaniz West.
Economic Liberty | Health
Texas Bans Doctors from Offering Medication to Their Patients Just to Protect Pharmacies from Competition
In most states, patients can purchase medication directly from the doctor prescribing it. But in Texas, doctors are banned from dispensing unless they practice in certain “rural” areas more than 15 miles from a pharmacy—a condition that prevents the overwhelming majority of Texas doctors from providing this beneficial service. Dr. Michael Garrett has teamed up with IJ to push back against this unconstitutional ban.
Economic Liberty | Health
Indiana Bans Online Eye Tests to Protect Established Businesses from Competition
Indiana bans healthcare providers from conducting online eye tests, to protect established businesses from competition.
Economic Liberty | Health
North Carolina CONs Patients: Outdated Law Prevents Doctor From Providing Transparently Priced, Low-Cost MRI Scans
In Spring 2020, Dr. Gajendra Singh had to close his imaging center, in part because of the enormous costs imposed by the CON law. As a result, Dr. Singh’s lawsuit could not continue, but shortly thereafter IJ joined up with an ophthalmologist from New Bern, NC, to file a new challenge to North Carolina’s CON law.
Economic Liberty | Occupational Licensing
AirBnB Property Manager Files Constitutional Challenge To Pa. Real Estate Licensing Regime
Sally helps people list their homes for short-term vacation rentals, but one day she received a call from the Pennsylvania Department of State arguing she was engaging in unlicensed real estate. She was told she would need to spend three years working for an established broker, pass two exams, and set up her own brick-and-mortar office in Pennsylvania. Instead, she enlisted the help of IJ to fight back against this unreasonable restriction on her economic liberty.
Economic Liberty | Health | Occupational Licensing
South Carolina Clamps Down On Online Medicine to Protect Profits of Established Businesses
4th Amendment Project | Economic Liberty | Private Property | Vending
Sweet Home Chicago?: Food Trucks Get the Cold Shoulder in the Windy City
Chicago shouldn’t be in the business of protecting restaurants from food trucks.
Joshua's Research & Reports
4th Amendment Project | Open Fields Doctrine
The Open Fields Doctrine Is Wrong
This year marks the centennial of the Fourth Amendment “open fields” doctrine. That doctrine holds that the vast majority of private land in the United States receives zero Fourth Amendment protection—and thus government officials…
4th Amendment Project | Open Fields Doctrine
Good Fences? Good Luck
Released in the Cato Institute’s Regulation magazine, IJ’s study “Good Fences? Good Luck” is the first study to put a number on the amount of private property vulnerable to warrantless searches by federal agents thanks to a…
Joshua's Amicus Briefs
Chatrie v. United States
United States Supreme Court
Jackson v. United States
7th U.S. Circuit Court of Appeals
Kinsley v. Ace Speedway Racing, LTD
Supreme Court of North Carolina
Tuggle v. United States
United States Supreme Court
Joshua's Legislation
4th Amendment Project | Open Fields Doctrine
Protecting Real Property From Warrantless Searches Act
A State Solution to the Open Fields Doctrine Under the Fourth Amendment The Fourth Amendment protects the right to be secure from government’s power to search and seize. Ordinarily, courts enforce that right by…
4th Amendment Project | Third Party Doctrine
Protection of Shared Physical and Digital Property from Warrantless Searches Act
The Fourth Amendment aims to safeguard privacy and property by restricting the government’s authority to conduct searches and seizures. Typically, officials are required to secure a warrant from a judge before they can examine or take…
Joshua's News, Articles & Publications
Joshua's Hearings
North Carolina CON Law Oral Argument
On April 17, 2024 the Institute for Justice (IJ) presented oral argument before the Supreme Court of North Carolina presenting the theory that Dr. Jay Singleton’s constitutional right to economic liberty had been violated.
Joshua's Letters & Statements
Greers Ferry License Plate Reader Letter
Greers Ferry, Arkansas
Joshua's Podcasts
August 03, 2026
Unpublished Opinions 26 | The Batman Approach
John Wrench is joined by Kirby West and Josh Windham to discuss some of the major threats to liberty, including warrantless mass surveillance, the facial/as-applied […]
Listen NowFebruary 03, 2026
Unpublished Opinions 22 | The Lorax Doctrine
John Wrench welcomes Josh Windham and Kirby Thomas West for a gameshow episode that proves Schiller’s insight that one becomes fully human through play. A […]
Listen NowNovember 19, 2025
Unpublished Opinions 20 | And Fascism
Your IJ roundtable is back with hot takes and tepid reflection. John Wrench, joined by Sam Gedge and Josh Windham, share tips on how to […]
Listen NowJuly 31, 2025
Unpublished Opinions 17 | Stand By
Lots of hot takes on the Supreme Court, the Supreme Court, and even as varied a subject as the Supreme Court. With sub-categories: whether the […]
Listen NowDecember 08, 2023
Mr. Thornton's Woods | Season 3, Ep. 1
In 1984, the Supreme Court ruled that the Fourth Amendment’s protections against warrantless searches do not apply to “open fields.” Which means that government agents […]
Listen NowJune 21, 2021
Supreme Court Shuts Down Police on Entering Your Home Without a Warrant
The government argued that if police aren’t investigating a crime, they should be able to access your property
This term, the U.S. Supreme Court issued a unanimous opinion in Caniglia v. Strom, a case about the “community caretaking” exception to the general principle […]
Listen NowAugust 06, 2020
Can the Government Put Cameras on Your Property Without a Warrant?
Why the 4th Amendment Doesn’t Protect You Like You Think It Does
Decades ago, the U.S. Supreme Court created the so-called Open Fields Doctrine. The result was an exception to 4th Amendment restrictions on the government’s ability […]
Listen NowMay 21, 2020
Can the Government Throw You Out of Work? (Not in Some States!)
Revitalizing Legal Protections for the Right to Earn a Living
With more Americans out of work than any time in recorded history, whether or not they will be able to earn a living is top […]
Listen Now