Alabama Residents Sue State Over Warrantless Searches by Game Wardens

Three residents of northwest Alabama have filed a lawsuit challenging an Alabama law that allows game wardens to enter private property without a warrant or the owner's consent. The plaintiffs—Dalton Boley and Regina Williams of Killen, and Dale Liles of Muscle Shoals—have partnered with the Institute for Justice (IJ), a nonprofit legal organization, to contest the statute's constitutionality under the Alabama Constitution.

The law in question, codified in Section 9-2-65 of the Code of Alabama, grants game wardens the authority to "enter upon any land or water in the performance of their duty" without requiring a warrant or probable cause. The plaintiffs argue that this provision infringes upon their rights to privacy and property.

"The Alabama Constitution makes it clear that if the government wants to come searching on your property, they need a warrant based on probable cause, and game wardens are not exempt from the Constitution," said IJ Attorney Suranjan Sen. 

Regina Williams, who owns a 10-acre property in Killen, has lived there her entire life. She allows her neighbor, Dalton Boley, and his children to use the land for recreation. In February 2024, game wardens began entering the property without permission. In November 2024, they returned and warned Boley about baiting deer, an accusation he denies. Boley, a military veteran, stated, "This used to be a place where I could come to relax and get away from it all, but now that I know someone could be snooping around, I find it hard to just go there and relax." 

Dale Liles owns and leases approximately 86 acres in Muscle Shoals, which he uses for hunting with his family. He first noticed a game warden's vehicle on his property in August 2018. In November 2024, a neighbor sent him a photo of another warden parked on his land. Liles has since installed "no trespassing" signs and surveillance cameras. In January 2025, a camera captured a warden attempting to enter the property but turning around upon noticing the camera. Liles, who serves as president of his local Ducks Unlimited chapter, expressed concerns about safety, stating, "Aside from my own privacy concerns, I don't like that the wardens don't wear orange when they're roaming around. It makes it very dangerous when you're hunting with rifles and people aren't wearing colors that make them easy to see."

The Institute for Justice has previously challenged similar laws in other states, including Pennsylvania, Louisiana, and Tennessee. While cases in Pennsylvania and Louisiana are ongoing, the organization successfully contested warrantless surveillance in Tennessee. 

This lawsuit aims to reaffirm the constitutional protections against unreasonable searches and seizures, emphasizing that all government officials, including game wardens, must adhere to these fundamental rights.

B roll video footage related to the complaint may be viewed HERE. Photos may be viewed HERE, and the full complaint is HERE. A 5:14 video describing the case, with interviews of the Plaintiffs is below:

For more information on the case and the Institute for Justice's efforts, visit their official press release HERE.