Punxsutawney Hunting Club v. PGC

Summary

The Supreme Court of Pennsylvania overruled Commonwealth v. Russo and held that Article I, Section 8 of the Pennsylvania Constitution, whose term 'possessions' includes land, affords greater protection than the Fourth Amendment to private land beyond the curtilage of a home or building where the owner has taken sufficient steps to exclude intruders. Applying that rule, the Court held that the Game and Wildlife Code's Entry Statutes, 34 Pa.C.S. Sections 303(c) and 901(a)(2), which authorize warrantless entry onto posted private land, are unconstitutional, while sustaining Section 901(a)(8) because nothing in its text permits entry onto private land. Chief Justice Todd concurred in part and dissented in part, concluding the Entry Statutes are unconstitutional only as applied to posted land; Justice Wecht concurred in part and dissented in part, rejecting the exclusion-steps limitation and urging invalidation of Section 901(a)(8); Justices Donohue and Mundy joined the majority in full.