Under the old interpitation yes, but not now.They have to have written permission to enter your land
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Question about game wardens
- Thread starter Rainbowtrout1
- Start date
Swampster
Well-Known Member
This time of year I do not engage in any activities on my own land without wearing orange. I also wear orange when going on long walks along the roadsides behind my farm - much of it is through wooded areas. Besides that, on two occasions I've seen roadside "hunters" set up in their pickups.
I don't believe that's enough suspicion to walk across the property to check. If the adjoining landowner called in for possible baiting and gave them permission to survey on his side and then seen a baited duck hole then it's my understanding they can go onto the property. Same as if someone was deer hunting and the warden seen an active feeder or bait on the ground.
If the neighbor calls in and the warden surveys from an adjoining land and doesn't see a violation then they have no right to cross over for a "possible" violation.
I could be wrong on that tho.
Rainbowtrout1
Member
Yeah this was my understanding. Couldn't have been the baiting scenario because he didn't even bother to check the pond. We did some digging and found that this warden actually has gained permission to hunt the next property over. Now I'm almost 100% sure the warden was the one sitting on the next property while we were setting up our blinds the evening prior. I don't think anyone called in on us for anything. The landowner (hunting buddy) decided not to do anything this go around but if it happens again we are going to tell him to kick rocks. I wish I had said something the first go around but like I said I just wasn't 100% on the ruling and didn't want to come across as an ass. Next time I'll be an ass. At that point it would be hunter harassment in my opinion
I understand, but it was illegal and harassment the first go around, no way if i was the landowner his supervisor wouldnt be seeing me face to face
Rainbowtrout1
Member
I agree but unfortunately it's not my call.
Rainbowtrout1
Member
I'd like to know why TWRA is using half of their resources for sumner county on a Saturday morning trying to catch a couple guys doing something wrong on a farm pond instead of patrolling old hickory lake but hey, wouldn't expect anything less
Carlos
Well-Known Member
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- 6,198
Likely because it was next to where he was hunting. I'd call it a conflict of interest- totally wrong IMO.
Hopefully with a warden hunting the adjacent property it can turn into a benefit for everyone. Never know when you might need each other down the road.
But if I was in the situation and one more attempt at being a d*ck by the warden then I can be one ten fold. I'm sure you guys can too. Good luck.
Snake
Well-Known Member
I thought that would be a blessing to us in Giles but turned out quite the contrary. They come on to our property twice messing up our hunts . They were looking for people hunting on their leased property and assumed it was us . I told him I knew his property and would rather hunt ours 2 to 1 than hunt yours .....kinda pissed him off . I said since you've ruined our hunt I'll take you to where I was hunting and where my grandson was hunting if you don't believe me and show you . He said I know it wasn't you two because of the clothing you two are wearing . I also said couldn't you wait until we got through hunting ? There is only one way in here and one way out !! He didn't respond....
lol
Well-Known Member
When its a meth lab instead of a corn pile, they may very well reconsider. A lot of folks only thinking about this in the context of hunting/fishing, but open fields has been relied upon by all law enforcement agencies.
That doesn't surprise me one bit, unfortunately. A lot of times the "rules for thee, but not for me" come into place.
Snake
Well-Known Member
Exactly !
Biggun4214
Well-Known Member
Licenses checks are different than searches.
Not really. They can't pull you over in car just to see if you have a license.
I doubt you will hear another word. He probably didn't like the "shooting" while he was deer hunting.
I hate that it's gonna slide but totally get it at the same time
I know you have a background in that area. Can't recall if you are still active
Can you elaborate? Do you think the officer had the right to do what he did? Seriously curious
lol
Well-Known Member
There's a statute that requires folks to provide proof of license if taking or possessing wildlife.
Tenn. Code Ann. § 70-6-101
(1) It is the duty of every person participating in taking or possessing wildlife as permitted by this title to permit the executive director or officers of the agency to ascertain whether the requirements of this title are being faithfully complied with, including the possession of a proper license.
You are an attorney, I am not. So what you are saying is if they can see you hunting, they don't need permission or probable cause that you are committing a crime, because the statute allows them to do that?
I'm not arguing with anyone, I just think the law should be clear. And obviously it is not. That's why I would like to hear from a Command Officer if what that Officer did in this scenario was proper. Asking the Officer is okay, but I doubt he will say he violated a court interpretation of the law. Arguing it with him in the field could be bad also.
