Game Wardens and Property Rights

[Jaylegger]

I doubt it's a fun job for anyone involved with arresting most of these poachers. They're typically borderline retarded, think they're above the law, couple that with the usual copious quantities of alcohol and arms. A great combination for a guy who wants to make it home to his wife and kids at close to minimum wage.

 

[N80]

If I recall wildlife laws vary from state to state and province to province. However in this province CO's have the right to trespass on private property with reasonable cause, which could be an open gate,a complaint by neighbour,shots fired,or any number of things such as a vehicle parked,where vehicles are seldom seen.
I can only speak for this Province,it so happens that I know something about the wildlife act in this neck of the woods,as I retired after 30 years as a CO.

I would be happy to answer any question as it applies to the wildlife act in Nova Scotia.

I almost missed your post, thanks for weighing in. So in Nova Scotia an open gate is considered reasonable cause to investigate private property?

So if you were driving down a long country road and saw a narrow dirt road with an open gate then you could legally investigate for game infractions?

I'm curious. How does the position of a gate indicate a need or lack of need for investigation? And if you passed that same road and the gate was closed and locked you would not or could not investigate the place?

 

[Kyle_in_Tex]

I've been told here in Texas, they can go anywhere anytime. In fact, I think they can enter your home and check your freezer and refrigerator for game. I've also been told they are used when things are suspicious and the other law authorities need into a home. They'll call a game warden to come "check out the fridge" and if they see any other illegal activity they can call in the dogs.

 

[N80]

I doubt it's a fun job for anyone involved with arresting most of these pouchers. They're typically borderline retarded, think they're above the law, couple that with the usual copious quantities of alcohol and arms. A great combination for a guy who wants to make it home to his wife and kids at close to minimum wage.

I'm sure the job can be dangerous. Nearly everyone they encounter is armed and there are some real bad folks around here. I have sensed on more than one occasion a certain degree of fear from landowners and other DNR employees. The usual fear for the landowner is that if you give a poacher a hard time he'll burn your property and there is no way to stop that.

 

[N80]

I've been told here in Texas, they can go anywhere anytime. In fact, I think they can enter your home and check your freezer and refrigerator for game. I've also been told they are used when things are suspicious and the other law authorities need into a home. They'll call a game warden to come "check out the fridge" and if they see any other illegal activity they can call in the dogs.

That is the very concern I have. However, I think the laws for homes, buildings and vehicles are very much stricter than for the land itself. At least it was for my dad. They could go on land with reasonable suspicion but they couldn't look into or go into any structure or vehicle without a warrant.

This is a great discussion. Makes me think. Hope you guys are thinking too.

 

[Rickstir]

In Missouri, the game belongs to the state. Nothing to do with fish. I have my own pond and stocked it with my own fish, no license no problems from the state. However, deer and turkey range on and off my place. I have 80 acres so I don't have to buy a tag, but I must conform to all laws. They have the right to come on my property anytime. Which is fine as I repect the job they do, don't always agree with headquarters but the agents are okay.
At least around me. I was my county sheriff and the state's attorney that gave me this infomaton.

 

[Jaylegger]

So in Nova Scotia an open gate is considered reasonable cause to investigate private property?

Here's a quotes taken from Nova Scotias general wildlife regulations.

Conservation
Officers have a statutory right to enter upon or pass over
land when in the discharge of their duty, however, the
officers shall be liable for any damage which they may
cause in so doing, and similar legislation exist under
Section 47 of the Crown Lands Act
(http://www.gov.ns.ca/legi/legc/index.htm) for the Crown
and it's Agents.

 

[Bird]

I had this exact problem last year. The DNR ( Dept of Natural Resources) pretty much set up shop right on my property to check hunters. They were looking forone particular guy that was road hunting. We knew who it was but wasn't about to tell the DNR. I don't really need my house burned down thank you.

The first time I caught them just sitting in thier truck in my field I kindly asked them to move on, Which they did temporarily. The next day they were there again. I got a bit steamed. They left when asked again. Then, My wife was riding out our road ( which is 2.5 miles up over the mountain) and there they came again. She told them I was not happy with them being there everyday. They said "Well, just tell us the name of the guy road hunting and we will leave you alone". My wife declined to do so. SO, there they were the next day in my filed once again.
I then hit the roof and called the head of the DNR. He said they have every right to be there under the "Open Fields" doctrine. I already researched the legallity of their actions and it says no where in that particular document that they are allowed to do what they were doing. So I told the head DNR officer that I am no idiot and read the Open Fields doctrine and I wanted him to specifically tell me where I can find it.. He could not do so. I then told him If they were not off my property in 5 minutes my attorney would be giving him a call.

The point is. DO NOT believe anything the DNR tells you. Check out the law for yourself.

I guess I have a hard time understanding anyone who claims to be in law enforcement objecting to another law enforcement officer coming onto his property in an effort to catch a criminal. Nor can I understand a law enforcement officer who claims to know who the criminal is, but is so afraid of the criminal that he won't tell the officers who are trying to apprehend him. That concept is a bit foreign to me.

 

[scesnick]

I guess I have a hard time understanding anyone who claims to be in law enforcement objecting to another law enforcement officer coming onto his property in an effort to catch a criminal. Nor can I understand a law enforcement officer who claims to know who the criminal is, but is so afraid of the criminal that he won't tell the officers who are trying to apprehend him. That concept is a bit foreign to me.

Well, If you would read my posts closely, you would see that at first I did not object to them being on my property. I only objected when they SET UP SHOP in my field and sitting there for hours, after Politely being asked to leave more than once. I pay the taxes on that property, Not the DNR.
I don't Just claim to be in law enforcement. I actually am. just a different type. But, since I am in law enforcement, that somehow means that should have to forego my rights as a property owner in your eyes?
Also, again if you would have read the post closely, you would have seen that the DNR ALREADY knew who the violator actually was. They didn't need me to tell them, they just WANTED me to tell them.
Please do not question my integrity. I am a law abiding and respected citizen in my community and I am proud of my reputation.

 

[aczlan]

I almost missed your post, thanks for weighing in. So in Nova Scotia an open gate is considered reasonable cause to investigate private property?
So if you were driving down a long country road and saw a narrow dirt road with an open gate then you could legally investigate for game infractions?
I'm curious. How does the position of a gate indicate a need or lack of need for investigation? And if you passed that same road and the gate was closed and locked you would not or could not investigate the place?

If the warden/officer comes through frequently and the gate is normally closed, the fact that it is open could indicate that someone is back there doing a little hunting (or trapping, or trespassing, or what have you) and as such, could constitute probable cause to take a look and see what it happening.

Aaron Z