For Immediate Release: Defendant, Joshua Wingenroth, was charged with multiple violations under the Pennsylvania Game and Wildlife Code for using a drone to assist in the recovery of a white-tailed deer that a hunter claimed he shot but could not find. However, that hunter turned out to be an undercover Pennsylvania Game Warden. The undercover officer lured the Defendant from Chester County to Lancaster County as part of an undercover “buy-bust” operation specifically to catch the Defendant using a drone. The Pennsylvania Game Commission claims that using a drone to aid in the recovery of downed game is illegal. A summary trial was held before Lancaster County District Justice Scheller on February 22, 2024. At the summary trial the Defendant was found guilty on all counts. The Defendant appealed the charges to the Lancaster County Court of Common Pleas. A Summary Appeal trial was held on January 16, 2025 before the Honorable Margaret C. Miller. The Commonwealth was represented by ADA Scott Reed of the Lancaster County District Attorney’s Office. In a “stunning” outcome, it was discovered that the Pennsylvania Game Commission had withheld possibly exculpatory evidence against the Defendant (i.e. “Brady Rule Violation”). As a result, Judge Miller dismissed all charges against the Defendant and ordered the return of the Defendant’s drone that had been confiscated by the Pennsylvania Game Commission. While the case resulted in a dismissal of charges against the Defendant, the Court did not reach a decision on whether or not the use of a drone to recover downed game is permissible under the Pennsylvania Game and Wildlife Code or whether tracking of game at night (without a weapon) is permissible without first contacting the Pennsylvania Game Commission. Until these issues have either been adjudicated and/or addressed by the Legislature, hunters should refrain from using a drone and/or tracking game at night unless they first contact the nearest Pennsylvania Game Commission Regional Office.
Pennsylvania Senator Coleman had sponsored legislation during the last legislative session to amend the Game and Wildlife Code to address this issue. Interested parties should contact their state legislator to urge them to join with Senator Coleman on this important issue.
Inquiries may be sent to msiddons@siddonslaw.com or (610) 255-7500.
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