OWLEY COUNTY, Kan. (KAKE) – A federal court has ruled in favor of a Cowley County bird dog trainer and his wife, ruling that surprise, warrantless searches to their property are unconstitutional.
The ruling in favor of Scott Johnson and Harlene Hoyt was issued by U.S. District Judge Kathryn H. Vratil, following a federal civil rights trial that concluded in late May, according to a press release from the Kansas Justice Institute. The court found that the State’s practice of conducting unannounced inspections of private homesteads and property without a warrant, notice, or consent violates the Fourth Amendment.
“This is a landmark victory for Scott and Harlene—and for every American who values the sanctity of their home,” said Sam MacRoberts, litigation director for Kansas Justice Institute, which represents the couple. “The Constitution’s promise that our homes are our castles was upheld—and rightly so.”
The case arose when Johnson, a nationally recognized dog trainer, and his wife challenged Kansas’s law requiring licensed dog trainers to submit to unannounced inspections of their private homestead, under penalty of fines or loss of licensure. The lawsuit was filed by the Kansas Justice Institute, on behalf of Johnson and Hoyt in 2022. In 2024, the U.S. Court of Appeals for the Tenth Circuit reinstated the case after it was dismissed, ruling that the couple’s Fourth Amendment claims deserved to be heard. The State had defended its inspection regime by invoking the “pervasively regulated industry” exception to the Fourth Amendment’s prohibition of warrantless searches. The exception is recognized by the U.S. Supreme Court for industries like mining, but was rejected for hotels in the 2015 case of City of Los Angeles v. Patel, arguing that dog training fell within its scope.
The judge rejected the State’s argument that warrantless inspections of training kennels were justified, warning that such logic “could essentially turn any industry into a closely regulated one and swallow the rule” that the government must obtain a warrant before conducting a search.
“This case wasn’t just about Scott and Harlene,” MacRoberts said. “It was about every Kansan’s right to be secure in their own home. The government can’t sidestep the Constitution just because it finds it inconvenient.”
“We are pleased that the federal court saw things our way,” Johnson said. “The wellbeing of the animals in our care is priority one around here, our clients know and appreciate that about us. This will come as a relief to other trainers and boarding kennels around the state.”