Landowner Files Lawsuit After Unwarranted State Searches
Tim Thomas, a rural landowner, has filed a federal lawsuit after state officials entered and searched his property multiple times without a warrant or consent in 2023. Thomas, who was twice accused and twice vindicated, is challenging the power of water conservation officers to access private property. He insists that such actions infringe on the sanctity of the Fourth Amendment.
Uninvited Visit to Private Property
On May 13, 2023, Stephanie, Thomas' wife, was alone in their lakeside cottage in Pennsylvania’s Susquehanna County when she heard someone loudly knocking on their front door. The person then went around the house, past no-trespassing signs, and began pounding on the back door. Stephanie, who was non-ambulatory due to a recent round of stage 4 breast cancer treatment, did not know that the individual at her doorstep was Water Conservation Officer Ty Moon of the Pennsylvania Fish and Boat Commission (PFBC).
While Stephanie hid, Moon peered in the windows and moved about the property, taking pictures of the home, motor vehicle, and pontoon boat. This incident marked the beginning of a series of alleged constitutional violations.
Unjust Search, Seizure, and Citation
The day after Moon's visit, Thomas was accused of fishing without a license and fleeing. The charges were based on Moon's claim that he had seen Thomas fishing and that Thomas had refused to talk to him. Thomas, who had been obtaining Pennsylvania hunting and fishing licenses since he was 12 and had never been ticketed for a wildlife violation, found the charges preposterous.
After receiving a citation and a fine nearing $462, Thomas contacted Moon’s superiors and sent a letter of complaint to Captain Tom Edwards, manager of PFBC’s northwest region. All charges were subsequently dropped. However, several months later, Moon returned to Thomas' property for another search, seizure, and citation.
Alleged Vendetta and Court Appearance
On August 12, 2023, Moon accused Thomas of exceeding regulation by fishing with eight rods/lines, a charge that Thomas denies. Thomas was also concerned about his wife's privacy as Moon had walked by a window where Stephanie was bathing during his visit.
Later, Thomas received a $354 citation for fishing with more than the maximum amount of devices in Commonwealth waters. Thomas appealed the citation to a Commonwealth court and won the case. However, shortly after the judge's decision, Stephanie passed away from her cancer battle.
Lawsuit Against PFBC
In September 2024, Thomas, represented by the Institute for Justice (IJ), sued PFBC. According to the Pennsylvania state code, PFBC officials have the authority to enter any land or water in the performance of their duties without consent, probable cause, or warrant. This statute provides water conservation officers with more latitude than all other types of law enforcement, according to IJ attorney West.
Thomas and the Institute for Justice are currently awaiting an answer from PFBC to the initial lawsuit filing. Thomas insists that he is not seeking monetary gain but wants the statute declared unconstitutional to protect other landowners and homeowners.
Bottom Line
The case of Tim Thomas raises important questions about the balance between the rights of private property owners and the authority of state officials. It highlights the potential for misuse of power and the importance of upholding constitutional rights. What are your thoughts on this matter? Share this article with your friends and discuss. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.
