In 2006, the Virginia Department of Game and Inland Fisheries visited the soybean farm of Steve VanKesteren after receiving a report that he had killed two red-tailed hawks in violation of the Migratory Bird Act. The visit produced no evidence, and the Virginia Department of Game and Inland Fisheries set up video surveillance of the farm. The surveillance showed VanKesteren killing two other red-tailed hawks. He was fined $1,000 by a federal magistrate judge.
On appeal, the Fourth Circuit Court of Appeals held that law enforcement officials are allowed to go upon private property without a warrant if that property is an open field. For a full account of the story, click here.
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