The NFIB Small Business Legal Center has filed an amicus brief in the case of Joshua Highlander v. Virginia Department of Wildlife Resources at the Court of Appeals of the State of Virginia. The case centers on state conservation officers seizing and searching an individual’s personal property without a warrant.

“The Fourth Amendment to the U.S. Constitution provides the baseline protection of property rights,” NFIB State Director Julia Hammond said. “The Commonwealth can expand on those rights but can’t reduce them. Unfortunately, the lower court’s decision has that impact by allowing conservation officers to seize and search personal property without a warrant. We are hopeful that the court of appeals will interpret the Virginia Constitution to provide even more protection for property rights.”

“The impact of this case extends far beyond hunting and Department of Wildlife Resources conservation officers,” Hammond said. “If the court of appeals decides law enforcement officers can routinely seize and subsequently search personal property without a warrant, it will impact every homeowner and every business in the Commonwealth.”

The brief argues two main points: First, the Fourth Amendment of the United States Constitution, which provides the minimum property protections that Virginia must recognize, prohibits the search and seizure of personal property that occurred in this case, and second, small businesses will suffer if the court of appeals concludes that law enforcement may seize and search personal property without a warrant or exigent circumstances.

McGuireWoods LLP served as NFIB’s local counsel and NFIB appreciates their support. Click here to read the brief.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts nationwide and in the U.S. Supreme Court.