Louisiana enforcement officers, as well as federal officers, operate under a United States Supreme Court ruling from the
prohibition era (1920 to 1933), known as the "Open Field Doctrine" from
Hester v. United States, 265 U.S. 57 (1924). Since then the courts have ruled it does not matter if land is fenced, Stark v. United States, 44 F.2d 946 (8th Cir. 1930), Janney v. United States, 206 F.2d 601 (4th Cir. 1953), or if there are no trespassing signs, McDowell v. United States, 383 F.2d 599 (8th Cir. 1967) as long as the curtilage of the home is not invaded, Wattenburg v. United States, 388 F.2d 853 (9th Cir. 1968) and
United States v. Davis, 423 F.2d 974 (5th Cir. 1970). Evidence discovered does not have to be in plain view, "Care v. United States", 231 F.2d 22 (10th Cir. 1956). The practice is being challenged by the
Institute for Justice and Tom Manuel in light of the Louisiana Constitution of 1974 and the "Criminal trespass" law. The claim is whether land is considered property and whether the legality of warrantless, permissionless searches is unconstitutional on private property The case is based on the Louisiana Constitution of 1974, Article I, Section 5, Right to Privacy: "Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall issue without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court." Many states give broad powers to fish and wildlife officers. Some states limit warrantless searches to reasonable suspicion or probable cause of a crime. States have enacted privacy legislation: Mississippi, Montana, New York, Oregon, South Dakota, Tennessee, Vermont, and Washington have rejected the "Open Field" Doctrine. Pennsylvania has sided with the Open Field Doctrine, but this is being challenged. ==Fallen officers==