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Question about game wardens

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Rainbowtrout1

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Joined
Apr 30, 2021
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14
Location
middle tennessee
So this has to do with duck hunting but I knew it would get more attention here. All the rule changes that have taken place regarding game wardens being allowed on private land has become confusing to me. Yesterday evening my group put out and brushed in layout blinds on a private farm pond. This morning we hunted it. As we were almost back to our trucks at 9 am (200 yards from hunting location) we heard someone yell out from back towards our blinds. At that point we saw a TWRA officer step out of a thicket on the adjoining property and walk to us on the property we were hunting and asked to check licenses. Everyone was good but it was my understanding that unless the officer witnessed an offense that he had no authority to come into private land to check for licenses. Is that correct or wrong? Sucks knowing we were sitting there hunting while the officer was parked out behind us with binoculars all morning. Every single one of us got up and pissed in his direction atleast once lol I'm sure he got a kick out of it. Forgot to mention the land belonged to one from our group. Also I wanted to ask the warden about the rule changes but at the same time wasn't wanting him to stick around any longer. Sort of get the feeling I'm in timeout whether I've done anything wrong or not.
 
backyardtndeer said:
If he was on the other landowners property, and he asked to see your licenses, I don't really see what the issue would be.
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backyardtndeer said:
If he was on the other landowners property, and he asked to see your licenses, I don't really see what the issue would be.
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He was not invited to come over onto the property we were hunting.
 
The way I've heard he just broke the law ! They can't just go trapsing around on private property like they used to . If a violation has occurred they have to get a warrant or wait to you get to a road right of way . I think they ought to be able to check you but I don't see a problem to wait you out. I had one in Giles coming through a cedar thicket with no orange on ...
I told him that was kind dangerous don't you think . I have never shot at movement but some have .
 
Snake said:
The way I've heard he just broke the law ! They can't just go trapsing around on private property like they used to . If a violation has occurred they have to get a warrant or wait to you get to a road right of way . I think they ought to be able to check you but I don't see a problem to wait you out. I had one in Giles coming through a cedar thicket with no orange on ...
I told him that was kind dangerous don't you think . I have never shot at movement but some have .
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Thankyou this was my understanding as well. This warden also came in with no orange
 
knightrider said:
My understanding is he broke the law unless invited over, it would be a great question for his supervisors Monday morning
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^This^

It is my understanding that for the time being TWRA Officers can't enter private property without the owners permission or a warrant.

I would like to hear from a TWRA Command Officer, how they interpret the state courts ruling and what they are telling their Officers the application of that ruling is.
 
Rainbowtrout1 said:
Maybe I wasn't clear but he was scoping us out from the neighboring property and once we were leaving he crossed over into the property we were hunting and asked to check our license
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Did he yell at you while he was still on the other property where he was granted access? Sounds like it's close enough to the lines that you could hear him, and doesn't sound like he was being a jerk. Honestly complying when you have done nothing wrong is the best thing to do, just like it sounds like you all did. Perhaps in the conversation, if he you all did yell back or talk to him become he crossed the line, he felt there was consent to approach you all. Hard to say without being there first hand and without more details.
 
backyardtndeer said:
Did he yell at you while he was still on the other property where he was granted access? Sounds like it's close enough to the lines that you could hear him, and doesn't sound like he was being a jerk. Honestly complying when you have done nothing wrong is the best thing to do, just like it sounds like you all did. Perhaps in the conversation, if he you all did yell back or talk to him become he crossed the line, he felt there was consent to approach you all. Hard to say without being there first hand and without more details.
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We were a good 100 yards from him where he crossed the line. We were walking away from where he was and thought we heard someone yelling behind us so we stopped and turned around and he was about 10 yards into our field and heading towards us and hollering "game warden". At that point he was already on our side so we met him halfway. He wasn't rude or anything and the interaction wasn't a bad interaction. I'm just questioning whether that interaction should have ever even taken place. Because there was no interaction that took place before he had crossed the property line (grown up fencerow separating a block of woods and a cow pasture)
 
DaveTN said:
^This^

It is my understanding that for the time being TWRA Officers can't enter private property without the owners permission or a warrant.

I would like to hear from a TWRA Command Officer, how they interpret the state courts ruling and what they are telling their Officers the application of that ruling is.
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Time being? They didn't appeal. It's done. Unless he observed you violating a law, unless he did have permission, he shouldn't be on property.
 
tickweed said:
Time being? They didn't appeal. It's done. Unless he observed you violating a law, unless he did have permission, he shouldn't be on property.
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I seriously doubt we will ever have another run in with him but if for some reason we do I wanted to see if he was in the right. If it happens again I won't hesitate to let him know. I'm wondering if maybe he hunts close by. Otherwise not sure why he would be out checking farm ponds when his jurisdiction also covers old hickory lake. Seems like he should have bigger fish to fry
 
Did neighbors give him permission to be on their property? If not he's in the wrong there first and then second when he came on y'all's assuming he didn't see anything going on that was illegal. If he witnessed something illegal then he can. Otherwise he needs a warrant. That's my understanding of it anyway and may be worth what you paid for it.
 
backyardtndeer said:
Did he yell at you while he was still on the other property where he was granted access? Sounds like it's close enough to the lines that you could hear him, and doesn't sound like he was being a jerk. Honestly complying when you have done nothing wrong is the best thing to do, just like it sounds like you all did. Perhaps in the conversation, if he you all did yell back or talk to him become he crossed the line, he felt there was consent to approach you all. Hard to say without being there first hand and without more details.
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None of that matters, he entered private property without written consent, bottom line he was trespassing and broke the law, and did an illegal check
 
tickweed said:
Time being? They didn't appeal. It's done. Unless he observed you violating a law, unless he did have permission, he shouldn't be on property.
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That's why I would like to hear an explanation. Did "Plain View" somehow come into play? Was there probable cause?

If there is no appeal, and Officers can't enter private land without permission or a warrant, do we need all these Officers? 90% of the state is private land. Is the TWRA doing something to gain permission from private land owners?

I don't know what impact this ruling will have because I don't know how game wardens operate. I'm thinking of it from a former cops point of view. A ruling that cops couldn't patrol or enter private property would be pretty bad, the crime rate would skyrocket if burglars knew they were safe from a cop walking up on them. I assume that's what will happen with illegal hunting, but I don't know that.

I don't feel strongly about game wardens going on private property one way or they other, other than the two Officers who stated this fiasco with actions they had to know were wrong. I just would like to understand if the Officer in the OP's scenario did something wrong, or was somewhere he shouldn't have been.
 
Rainbowtrout1 said:
I seriously doubt we will ever have another run in with him but if for some reason we do I wanted to see if he was in the right. If it happens again I won't hesitate to let him know. I'm wondering if maybe he hunts close by. Otherwise not sure why he would be out checking farm ponds when his jurisdiction also covers old hickory lake. Seems like he should have bigger fish to fry
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If he came in on the neighboring property, maybe that neighbor had a concern or a complaint, could be that simple. Property lines aren't always clear either, apps aren't always accurate. If a neighboring landowner called him, possible they had a trespasser or poacher, he was checking out. Maybe the landowner you were on could talk with the neighboring landowner that the gw was on to see if they knew he was there and why.
 

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