I don't know if it was public or private but I've never heard of them not being able to come check you while hunting on private without a warrant. I remember a case where some agency had set up cameras on a guy's place but I can't remember if that was Tennessee or some other state. I figured they need a warrant for that kind of surveillance which a WHOLE different type of issue for another day.
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Meigs Warden caught baiting
- Thread starter Poleaxe
- Start date
That's the case I'm referring to and I'm pretty sure they won in court and the law was changed, but I'm not 100%. There's another post about it somewhere on here.
I'll have to dig into that one just for the sake of knowing the law
MickThompson
Well-Known Member
Open fields doctrine has been upheld by the US Supreme Court previously. I haven't heard the outcome of this particular challenge to it though.
There has to be more to this story that hasn't came out yet.
Carlos
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It's not been settled yet afaik. Twra personnel do not need a warrant to enter private property.
Forvols
Well-Known Member
Im SHOCKED I tell you SHOCKED at this (sarc)
i know several that do their jobs very well.
im not doubting him doing his job.
what I am doubting is him going through proper chain of command when it involves his superior. Not so much what I'd deem "professional courtesy" but more of him going to another superior and stating the case because in reality, even though the officer did his job, he still made himself look just as bad as those who were guilty for no other reason he is in the agency as well. It's not so much about him doing his job, as it is how it should be handled from start to finish to avoid a $h!tshow.
I would think there would be protocols to follow for situations like this. Sure, there shouldn't have to be but in reality, regardless of the profession, people make mistakes and human nature will prevail at some point.
Thats my thought. Laws for thee, but not for me.
I believe that's the whole point of Poleaxe coming on here on behalf of his fellow warden friend or acquaintance or however the connection. Said nothing has been done about the situation. If it was juvenile weekend hunt then they've had plenty of time to handle it and if not by now then I doubt they will actually handle it unless the public is made aware of it. I understand keeping it in-house, take care of the matter and discipline accordingly and be done with it within but if you don't take care of it accordingly it's just a matter of time before something like this happens.
TheLBLman
Well-Known Member
I think many reading all this are like me, in that they don't want to see anyone "burned at the stake" due to false assumptions. Seems I see that almost daily in a myriad of issues, corrupt cancel culture, etc., and it brings home to me that it's better to let a guilty man walk than to burn an innocent one.
NONE of us reading this really know what exactly has transpired, or if we do, certainly haven't adequately shown the evidence to the rest of us.
Having seen such myself, it is also possible the particular officer was "set up" as hunting over bait. For all most of us know, he could be completely innocent of what it "appears" he's guilty. Most of us have witnessed others being "set up", and it's certainly possible the person who first reported impropriety poured the bait?
I don't know, but I will give him the benefit of the doubt, until solid evidence presents.
If he was knowingly doing what some have accused, shame on him, as that would make him more the problem than the solution. In fact, his repercussions should be at least the maximum allowed by law if proven purposefully guilty of hunting turkeys over bait and teaching that to his young sons.
In the meantime, innocent until proven guilty.
NONE of us reading this really know what exactly has transpired, or if we do, certainly haven't adequately shown the evidence to the rest of us.
Having seen such myself, it is also possible the particular officer was "set up" as hunting over bait. For all most of us know, he could be completely innocent of what it "appears" he's guilty. Most of us have witnessed others being "set up", and it's certainly possible the person who first reported impropriety poured the bait?
I don't know, but I will give him the benefit of the doubt, until solid evidence presents.
If he was knowingly doing what some have accused, shame on him, as that would make him more the problem than the solution. In fact, his repercussions should be at least the maximum allowed by law if proven purposefully guilty of hunting turkeys over bait and teaching that to his young sons.
In the meantime, innocent until proven guilty.
Omega
Well-Known Member
Sure innocent until proven guilty, but if they treat them like they do us, it is a foregone conclusion of guilt.
If he wanted to check my license,if it wasn't getting dark he would have to climb up the tree,I'm not coming down
JCDEERMAN
Well-Known Member
My FIL has had the game warden(s) multiple times over the years come in on opening morning around 7am to different stands and check licenses of folks on the lease (all have been completely legal - so why keep doing this year after year?). They did this last year to him and searched all around his stand, and then had the audacity to tell him that he could continue to hunt. He told them they'd already ruined his hunt and he got down and left.
I'd lose my $h#@
megalomaniac
Well-Known Member
In general, the only time a warden comes onto the property is if there is a vehicle parked at the gate registered to a nonlicensed individual or if someone has reported illegal activity. Most wardens don't have the time to randomly check legal hunters. I'd be looking at your jealous neighbors to see who is reporting your FIL.
In my case, the "license check" was just an excuse to come in and scare everything off because he had the ability to do it. Every weekend. He was on the adjacent lease and they wanted the place we had leased. The main objective was to just keep any of us from killing anything. But sometimes their plans backfired. Sometimes they'd come ride their 4 wheelers up and down the property line and walk it banging pots and pans together. One afternoon during bow season they did that and ran 3 deer right to me. The deer were looking back towards the sound of their pot banging and keyed in on it. They didn't notice me til after a broadhead ripped through one. I was already down and dragging the deer when they came down the fence line with their pots. I thanked them for the makeshift deer drive.
When they started tampering with our property is when I stopped going. One of the guys had a few ladder stands on the property and came to hunt one weekend, and somebody had taken the bottom sections off the ladders. It was a place you definitely couldn't leave anything. I quit going after the roofing nails were dumped out.
Exactly, he either was hunting over bait or he wasn't. Nobody should make excuses for a game warden there no different than anybody else when it comes to breaking game laws. He should be fired immediately and have his weapon seized, atv, truck or anything else used in the crime. Just like anybody else.
Omega
Well-Known Member
Oh hell no, I'd be taking video of all that BS, timestamped and geolocated, and post it far and wide, with license plates and everything else I could put on camera. I can be a stubborn SOB, specially when set upon like that.
Didn't really have the platforms and ability back then. Thats been approx 22ish years ago. I don't even think I was on TnDeer back, and know for sure I didn't have a camera or cell phone. I don't even think today's social media was around back then. All we had was our real buddies to complain to lol
