The Thomases sought peace at their lakeside cabin in Susquehanna County, Pennsylvania, but in the summer of 2023, that peace was shattered.

On two separate occasions, Ty Moon, a Waterways Conservation Officer (“WCO”) for the Pennsylvania Fish and Boat Commission, invaded the Thomases’ lakeside property.

https://ij.org/case/pennsylvania-fish...

Tim and Stephanie Thomas purchased their cabin on Butler Lake in Susquehanna, Pennsylvania, in 2014. In 2022, after Stephanie was diagnosed with stage four cancer, it also became a sanctuary for her to rest and recover after her treatments. Unfortunately, the peace of Stephanie’s sanctuary was soon disrupted. 

First, in May 2023, WCO Moon pounded on the Thomases’ front and back doors, roamed around their yard and took pictures of their cabin, dock, and yard—all without a warrant—on the unfounded belief that Tim had been fishing without a license. Then, in August of 2023, WCO Moon marched right by several “No Trespassing” signs, walked around the cabin, through the yard and down to the dock to seize Tim’s fishing rods. This time WCO Moon acted on an equally unfounded belief that Tim had been fishing with too many rods. Both incidents left Tim and Stephanie shaken and angry. 

WCO Moon was able to intrude on the Thomases’ yard due to a Pennsylvania law which grants vast authority to WCOs. Under that law, WCOs are permitted to “[e]nter upon any land or water in the performance of their duties.”[c]30 Pa. C.S.A. § 901(a)(7)[/c] But this unlimited power directly conflicts with the Fourth Amendment of the United States Constitution, which requires law enforcement to obtain a warrant to search people’s homes and yards. 

To vindicate his Fourth Amendment rights, and the rights of all Pennsylvanians, Tim has teamed up with the Institute for Justice (IJ) to file a federal lawsuit challenging the Pennsylvania law which permits this warrantless trespassing by WCOs. Tim is doing so in memory of his late wife, Stephanie.