Advocate tells subcommittee bill would codify Tennessee court limits on warrantless entry to private land

The subcommittee heard testimony in support of House Bill 850, a measure that would require government agents to obtain a warrant before entering private land commonly described as "open fields." Alastair Whitney of the Institute for Justice testified the bill codifies Tennessee Court of Appeals reasoning in Rainwater and reinforces Fourth Amendment protections for landowners.

Whitney told the committee the bill does not prevent lawful approach to a house’s front door, does not limit response to exigent circumstances (for example, medical emergencies or imminent destruction of evidence), and does not affect regulation of buildings or equipment. He framed the proposal as clarifying that open land, forests and fields fall under warrant protections absent a factual exception. Committee members asked whether the bill could impede investigations—for example, animal‑fighting probes—and Whitney said exigent‑circumstance exceptions would still apply and that outcomes are fact dependent.

The sponsor and committee agreed to roll the bill and remaining items to next week’s calendar so more witnesses could be heard; Whitney’s testimony was preserved in the hearing record for future consideration.