SCRANTON, Pa.—Today, a Susquehanna, Pennsylvania, man filed a federal lawsuit against the Pennsylvania Fish and Boat Commission after one of its officers conducted warrantless searches around his home multiple times in the summer of 2023. Tim Thomas, represented by the Institute for Justice (IJ), seeks to strike down a Pennsylvania law that permits Waterways Conservation Officers to enter any water or land—even private property—without a warrant to enforce fishing laws.  

“Protecting and preserving wildlife is important, but that doesn’t mean those in government tasked with doing so can ignore the Constitution,” said IJ Attorney Kirby Thomas West. “If any law enforcement officer wants to search someone’s private property, the Fourth Amendment requires them to get a warrant based on probable cause.”  

In May 2023, Tim’s late wife, Stephanie, was home alone at the cabin she and Tim had purchased and renovated on Butler Lake, a small body of water in Susquehanna County. Suddenly, she heard someone pounding on the front door and yelling “open or I’ll call the police.” Afraid, Stephanie chose not to answer the door. It turned out, the person knocking at the door was Pennsylvania Waterways Conservation Officer Ty Moon. When nobody answered the door, Moon proceeded to enter the Thomases’ backyard, go onto the Thomases’ porch, and resume his pounding on the back door. When nobody answered again, he took pictures of their cabin, vehicle, and boat, all without a warrant.  

The following day, the Thomases were pulled over on the side of the road so Tim could pick flowers for Stephanie. While there, Moon pulled up in front of them, got out of his car, and told them he had “been chasing” them and that he would “get to the bottom of things.” Tim and Stephanie were confused. Four days later, the Thomases received a citation in the mail accusing Tim of evading the officer and fishing without a license. The allegations were not true, and when the Thomases filed a complaint with the Fish and Boat Commission, the charges against Tim were dismissed.      

Despite having the charges dismissed, the Thomases had not seen the last of Moon. In August 2023, Tim was fishing on his pontoon boat. Across Butler Lake, Moon was staked out on a hunting club’s property, watching Tim through binoculars. Moon claims he saw Tim fishing with more rods than legally allowed, so he drove over to the Thomases’ cabin. When he arrived, Moon walked down the driveway, past several “no trespassing” signs, alongside the cabin, past the bathroom window while Stephanie was taking a bath, and down to the Thomases’ dock where he began seizing rods from the boat.  

 “We bought this cabin because we wanted a sanctuary with some peace and privacy, and when the agent repeatedly ignored our no trespassing posting and even walked right past the window while my wife was taking a bath, it really felt like we had lost that sanctuary,” said Tim. “The first time he came on our land uninvited was bad enough, but this time felt even more intrusive.”  

 When Tim confronted Moon and asked him to leave, Moon cited Tim for fishing with more than eight rods, which is illegal under Pennsylvania law. But Tim only had six rods in the water, three for fishing and three for depth-position devices, which is perfectly legal. When this case went to court, Tim was found not guilty of the charges.  

“What the officer did to the Thomases was both intrusive and unconstitutional,” said IJ Attorney John Wrench. “You don’t lose your constitutional rights simply because you happen to live near a lake. That’s why we’re challenging the Pennsylvania statute that authorizes these outrageous warrantless searches.”  

 This case is part of IJ’s Project on the Fourth Amendment, which seeks to protect the right of Americans to be secure in their persons and property. IJ is litigating several other challenges to warrantless searches of private property, including in Louisiana, Pennsylvania, and Virginia.  

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