Presumably, DWR (Virginia) game wardens walked onto Highlander’s property using the U.S. Supreme Court’s Open Fields doctrine. Federal and state agencies often claim the doctrine allows government officials to secretly enter private land and spy on landowners. In a nutshell, the doctrine says private land (outside home and yard) receives zero Fourth Amendment protections from warrantless intrusions.
Normally, government uses the Open Fields doctrine to search private land. But in Highlander’s case, government used the doctrine to seize property from private land.
After the DWR officers seized the camera (without a warrant or permission) from Mr. Highlander’s property, Defendant Adams (Viginia DWR game warden) physically opened the camera and removed the storage card in order to access photos on the card. On information and belief, Adams then downloaded copies of thousands of photos from Mr. Highlander’s camera, stored them on her computer, and has been reviewing the photos to see if she can find any evidence that Mr. Highlander has violated any hunting law or regulation.
In other words, Defendant Adams seized Mr. Highlander’s camera without a warrant and has been effectively using that camera to retroactively spy on Mr. Highlander.
https://www.agweb.com/news/business/farmland/game-wardens-steal-private-landowners-trail-camera-lawsuit-explodes
Perhaps a caution for those who store data on "the cloud".
Hat-tip CK up nort

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