Dalton Boley, Regina Williams, and Dale Liles own land in northern Alabama. These properties are more than just assets—they’re refuges. Regina has lived on her land her entire life, and she lets Dalton, her next-door neighbor, use her 10 acres to play and camp with his three little boys. Meanwhile, Dale uses his 86 acres to hunt with his grandchildren. These are private places. Indeed, they’re marked at all entrances with “no trespassing” signs. Yet Alabama game wardens have invaded these properties several times—without any warrant.
Officers from the Alabama Department of Conservation and Natural Resources (DCNR) routinely trespass onto private land—without consent, a warrant, or any reason to suspect a hunting violation has occurred—to conduct exploratory searches. They ignore fences, gates, and “no trespassing” signs, treating private land like public property. And all of this is purportedly authorized by an Alabama statute.
Alabama’s warrantless entry statute reflects a federal rule called the “open fields” doctrine. A century ago, the U.S. Supreme Court wrongly held that private land (except the tiny ring of land around your home) deserves no Fourth Amendment protection from unreasonable searches. 1 But, whatever the U.S. Supreme Court says about the federal Constitution, the Alabama Constitution demands more. It expressly protects “possessions,” and land is a possession. Thus, Dalton, Regina and Dale have joined forces with the Institute for Justice (IJ) to strike down Alabama game wardens’ warrantless entry powers so that all Alabamians may be secure on their own land.
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Dalton, Regina, and Dale Expect Privacy on Their Land
Seeking a quieter life, Dalton Boley and his family moved to northern Alabama in 2021, where they bought a home. Dalton quickly formed a close relationship with his next-door neighbor, Regina Williams, who has lived on her property her entire life. Regina owns 10 acres of land behind her house, but her health doesn’t let her use it as much as she used to. Therefore, she happily allows Dalton to use her land as he wishes, such as to cut trails and go camping with his three little boys. For Dalton—a combat veteran—this land is a kind of sanctuary. Best of all, Dalton and his boys get to enjoy the peace and quiet of the woods, while still being literally a stone’s throw away from their house.
Dale Liles is a former locomotive engineer who, upon entering retirement, wanted to spend more time enjoying the outdoors with his family. In Muscle Shoals, he found the perfect spot—roughly 86 acres of fields, woods, and marshes, filled with wildlife. Dale bought and leased that land, and he routinely takes his grandchildren there to hunt ducks and other game. Dale meticulously follows all hunting laws: He has never received a hunting citation in his life, and he serves as president of his local chapter of an organization that promotes responsible hunting and conservation.
None of this land is open to the public. Dalton’s and Regina’s small tract of land is in the middle of a residential subdivision, surrounded by fences, with all entrances marked by “no trespassing” signs. Dale’s land, too, has only two entrances, one of which is blocked by a locked gate and both of which are marked with “no trespassing” signs. As these signs suggest, Dalton, Regina and Dale desire and expect privacy on their land.
Game Wardens Treat Private Land Like Public Property
Despite Dalton’s, Regina’s and Dale’s clear desire for privacy, DCNR game wardens have repeatedly invaded their land to conduct exploratory searches—without a warrant or any reason to suspect a crime.
As far as Dalton and Regina are aware, the first time a game warden trespassed onto their property was in February 2024. One of Dalton’s trail cameras snapped a photo of a game warden roaming around, and a second camera took a photo of a tree trunk—indicating that the game warden physically turned it around. Then, in November 2024, two game wardens banged loudly on Regina’s door early in the morning, demanding to know who had been using the land. She told them that it was Dalton, and they went to Dalton’s house. In a tense scene, the wardens told Dalton that they had searched the land multiple times, and they gave him a warning for unlawfully baiting deer (even though he has never baited deer).
As far as Dale is aware, the first time a game warden trespassed onto his property was in August 2018—before hunting season opened. Dale was leaving his property when he saw a game warden’s truck parked there. Dale waited nearby for the warden to return. However, when the game warden saw Dale, he sped away without speaking to him. Dale followed him and they pulled over, where Dale explained that the warden had no permission to be on his land. Then, in November 2024, a neighbor snapped a photo of the warden’s car parked at the border of Dale’s property. Dale tried to talk to the warden, but, yet again, he sped away. Dale then posted a camera at the property entrances, and, in January 2025, a camera captured a short video of the warden attempting to drive onto the property.
These have left Dalton, Regina and Dale feeling insecure on their own property. Dalton fears that someone is spying on his children in their own backyard, and he finds it hard to enjoy the same solace he once found in those woods. In fact, he has been unable to camp there since the November incident. Regina was startled awake when the game wardens banged on her door, and it disturbs her to know they have been roaming around her family land. Dale, too, feels less comfortable hunting on his property knowing there might be someone lurking in the woods.
The Alabama Constitution Protects Private Land
DCNR officers think their warrantless searches are lawful due to an Alabama statute that authorizes game wardens “[t]o enter upon any land . . . in the performance of their duty.” 2 The statute does not require a warrant or probable cause. And it treats all land the same: A fenced farm, a residential backyard, and an unmarked field are all equally open to intrusion on a whim. Alabama’s warrantless entry statute reflects a century-old U.S. Supreme Court rule called the “open fields” doctrine, under which about 96% of all private land in the country—or about 1.2 billion acres—is exposed to unfettered searches.
The federal “open fields” doctrine has been widely criticized, and for good reason. 3 But it remains the law under the federal Constitution—at least for now.
But it doesn’t have to be that way in Alabama. Seven states have rejected the open fields doctrine under their own independent constitutions. 4 Two of those states, Tennessee and Mississippi, did so because their constitutions protect “possessions” from unreasonable searches, and land is a possession. Indeed, in 2024, the Tennessee Court of Appeals (in another IJ case) held that because land qualifies as a “possession” (unless it’s unmarked), Tennessee game wardens must get a warrant before searching it. Alabama, which borders both states and shares a history with them, likewise protects “possessions.”
This case will ask Alabama courts to hold that Alabamians deserve at least as much privacy on their land as folks in Tennessee and Mississippi enjoy.
