The Pennsylvania Supreme Court has issued a significant state constitutional ruling, unanimously holding that Article I, Section 8 of the Pennsylvania Constitution protects private landowners from warrantless searches of posted private property. In doing so, the court rejected the federal “open fields” doctrine as a matter of Pennsylvania law, marking an important divergence from federal search-and-seizure doctrine.

The “open fields” doctrine, recognized under the Fourth Amendment, has long allowed law enforcement to enter and inspect certain land outside the home and its immediate surroundings without a warrant.