Court: Wildlife officers may enter private property without cause

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Ben Sobieck
 
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Court: Wildlife officers may enter private property without cause

Postby Ben Sobieck » Mon Mar 09, 2009 6:38 am

Source: toledoblade.com

COLUMBUS - State wildlife officers may enter private property as part of their normal enforcement of hunting laws even when they don't have "good cause" that a crime has been committed, the Ohio Supreme Court unanimously ruled Thursday.

The ruling in an Erie County case upholds a decision from the Toledo-based 6th District Court of Appeals that reinstated charges against the property's owner and two others accused of illegally baiting migrating mourning doves with wheat seed for hunting purposes.

William R. Coburn was hunting on his Erie County property with his father, Marvin, and a friend, Catawba police officer Todd R. Parkison, on Sept. 1, 2006 when they were approached by Erie County Wildlife Officer Jared R. Abele.

Mr. Abele, who lived on nearby property, asked to see their hunting licenses. While on the property, Mr. Abele said he noticed scattered and piled seed on the ground. Fourth-degree misdemeanor baiting charges, carrying the potential for up to 30 days in jail, were filed several weeks later against the three hunters.

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coach
 
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RE: Court: Wildlife officers may enter private property without cause

Postby coach » Mon Mar 09, 2009 3:15 pm

Wildlife officers have more power than police officers.  Is that what it means.
Too bad for the hunters...but....they got caught.
 
You want to play...you have to pay.
 
Laws must be obey for everybody. 
Does it make sense to enter without consent...or just for the hell of it.....If you have nothing to hide and the officer does not interfere with your hunt.   I wouldn't see why not.  Their job is to protect wildlife on private property as well as on public land.
 
Its a very touchy situation.
 
 
 
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Ohio farms
 
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RE: Court: Wildlife officers may enter private property without cause

Postby Ohio farms » Sun Aug 23, 2009 4:54 pm

I own a farm in northern Trumbull county.  They can come on my farm anytime they would like.  I doubt that they would just wander around in the woods.  The would have a reason to be there and I have nothing to hide. Let them do their jobs

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Ifishandhunt
 
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RE: Court: Wildlife officers may enter private property without cause

Postby Ifishandhunt » Sun Aug 23, 2009 6:10 pm

I am torn on the issue. I have nothing to hide and try do do all things by the book. But I think when you pay taxes and have a right to privacy, there should be limits for an officer to roam around your property. Unfortunately not all laws are good or smart laws. Not to mention, he is risking running into a fiesty land owner that shoots first and asks questions later. He is also risking his life if I happened to shoot at a deer the same time he peaks his head over the hill I just shot toward. I hunt private property here in SW Ohio and have had DNR actually pull up behind my vehicle (on private property) and attempt to walk right toward my tree stand while I was hunting. He saw me there and was basically screwing up my hunt. I ended up having to get out of my tree stand and walk down to the officer where he then asked to see my ID and hunting license etc. He just happened to be driving by and saw my truck up in the field in front of the small woods I was hunting. He knew I was hunting there because he told me he saw me in the tree and knew another guy who hunts the property and parks his truck where my truck was. If I was a poacher, I sure would not have had my truck out in the open in a known hunting area. DNR is spread thin here in SW Ohio and at that time, I think he could have been doing something a little more productive than to drive onto private property just to make sure I had my license. Did he scare away the deer and scent up the area? Who knows, but suffice to say it ticked me off that he had to get me out of the tree stand and interfere with my hunt. He was also very arrogant when talkind to me. I told the owner of the property what had happened and they were not happy about it at all. This DNR Officer in our county is an SOB from what I have witnessed and heard, he's constantly harrassing hunters. I've heard a bunch fo stories about this guy and none were positive. I hope he tones it down or one day I fear he will harrass the wrong hunter.

I know I would like the DNR to come onto a property if I think someone is there trespassing or screwing around on the property, but to walk onto someone's property without permission or for no cause I think is over the line (the law not withstanding). I have nothing to hide but I don't want this DNR officer screwing up a perfectly good hunt just so he can strut around checking licenses.

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Ohio farms
 
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RE: Court: Wildlife officers may enter private property without cause

Postby Ohio farms » Mon Aug 31, 2009 2:37 am

I agree, this DNR guy seems out of line. A few years ago I had a warden come on my property during gun season  while I was by the barn.  We talked and he was very polite and respectful.  I would not have been pleased if he came on my property and acted like a jerk for no reason.   Disrupting your hunt was not necessary without a realistic suspicion.

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DeerCamp
 
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RE: Court: Wildlife officers may enter private property without cause

Postby DeerCamp » Mon Aug 31, 2009 5:15 am

ya know..I do everything by the books..But I dont like this at all, and I would hate it if it was like this in Michigan? I dont own property (my family does), but Id hate the fact that I "would" feel they are always watching me..I wouldnt be able to enjoy the peace of my own land ya know.. I recently heard that the DNR can NOT fly over with planes any more in Michigan to check for bait, as it was considered a "privacy" problem..Or something along those lines. I have met/had a few run in's with the DNR here.. I have never been ticketed, but ONLY ONE was nice to me.. While the others were really kinda jerks.Wanting to know what I was doing back in the wood/etc...Im scouting enough said! So what if I have my camo on, it DOESNT mean that Ihave a bow/gun back there..Heack lots of people scout with camo on. I guess I just have no place for someone who's going to be a jerk to me on my own land. If there gonna come on and be nice.. I guess I can allow it, but then again..I have nothing to hide.
"If I pull the hammer and shoot this young buck, he's dead. But if I pass on him, the next hunter might not shoot so straight."

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Ohio farms
 
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RE: Court: Wildlife officers may enter private property without cause

Postby Ohio farms » Mon Aug 31, 2009 1:22 pm

Of course you are right.  Nobody needs to come on your land and act the fool towards you.
 

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kellory
 
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Re: Court: Wildlife officers may enter private property wit

Postby kellory » Wed Jul 27, 2011 7:30 pm

The Right To Privacy

The Constitution does not specifically mention a right to privacy. However, Supreme Court decisions over the years have established that the right to privacy is a basic human right, and as such is protected by virtue of the 9th Amendment. The right to privacy has come to the public's attention via several controversial Supreme Court rulings, including several dealing with contraception (the Griswold and Eisenstadt cases), interracial marriage (the Loving case), and abortion (the well-known Roe v Wade case). In addition, it is said that a right to privacy is inherent in many of the amendments in the Bill of Rights, such as the 3rd, the 4th's search and seizure limits, and the 5th's self-incrimination limit
As long as respect is shown by all parties, I got no problem with game wardens doing thier job. But power corrupts some people. And some should not be in charge of a lemonade stand, let alone approach people with loaded guns and shoot off thier mouths. But the vast majority of wildlife officers I have met are good, honest people looking out for the welfare of all hunters and wildlife. And you know, and I know, that the few that believe the rules are for other people, can be dangerous. Rather than spoil your hunt, he could have photoed your truck and you. time stamped as most cameras are now, and questioned you later if needed. That is the way I would have handled it if it were my job to do. It is a judgment call, do you show curtisy to what might be a poacher, or piss off a law abiding hunter? Best be polite, and ready for trouble. That is a hard line to walk everyday.
The only real difference between a good tracker and a bad tracker is observation. All the same data is present for both. The rest is understanding what you are seeing.

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jonny5buck
 
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Re: Court: Wildlife officers may enter private property wit

Postby jonny5buck » Wed Jul 27, 2011 8:40 pm

i didnt read the entire article,but like most on this subject i am hesitant...without cause.....leaves a lot of gray area....its all good for a cpo when its a violation,,,what about a few other scenarios though??? A cpo officer sees a truck parked on afield edge by some woods ....he notices some deer head stickers on the window of the truck and decides to just investigate...heck its not even deer season ..and his curiousity is peeked.....he slowly walks up to the truck and interrupts the truck owner and his wife ...''enjoying some one on one time ''' ..on their private property!!!......how would you take that scenario????---

How about this scenario.....A cpo during early October checks a few deer hunters for licenses...they all show proof of all required licenses and permits...as the officer takes+off....he gets only a quarter of a mile down the road he just checked the hunters .... and sees a few vehicles parked by a small trailer...the drive is marked ''private''' the gate is locked ,,,and the cpo decides that is ''fishy'' to him...he parks and walks down the short gravel road....the vehicles are all cars [not the norm for deer hunters] but it doesnt matter he is enforcing his ''without cause '' power....he knocks on the door loudly and states he is a wildlife officer.....turns out it is a bunch of college girls ,cutting loose and enjoying there time off.....they are scared and scarred from the incident and decide to go home...their plans and enjoyment cut short by on overzealous cpo......one of the girls has an anxiety attack and almost passes out when the cpo knocked on the door...all of them screamed and where horrified ...mostly because their DAD told them to lock the gate behind them and enjoy the property...they all had good grades...how would you feel if it was ''your '' daughter ....your land??? your locked gate??? these are easy scenarios that i just thought up in a few seconds ..and very very probable to happen... :evil:

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kellory
 
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Re: Court: Wildlife officers may enter private property wit

Postby kellory » Wed Jul 27, 2011 9:55 pm

Possible, but not likely. It is more likely they are pot growers come out to check their bobby trapped pot fields. Or just to give the ilegal mexicans more guns and exspolsives to guard their crop. Or they are just installing a meth lab in a remote location( there have been several found by hunters just like us.) usually in deer blinds and duck blinds. They do not require much room.) My senerio is much more likely than yours. He has a job to do, and it will annoy the law abiding, and really annoy the guilty.
The only real difference between a good tracker and a bad tracker is observation. All the same data is present for both. The rest is understanding what you are seeing.

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