Conservation Officers/Game Wardens and the 4th Amendment

[Art Eatman]

SmokeyJoe, "we the people" created government and delegated certain powers to it. One of those powers is the management of wildlife. In the sense of authority to manage, the practical result is "state ownership". Don't get hung up on semantics; it only leads to frustration and ulcers.

It is that management power from which game warden authority derives.

 

[d94jonca]

this is an interesting subject. without reasonable suspicion, a police officer cannot search a person walking down a public road. in most jurisdiction he cannot even frisk him or verify identity without consent.

so, just how is the law different if the person is walking in a public forest and the officer belongs to the DNR? is there a legal difference at all? or is the pivot point the fact that the person appears to be hunting?

it'd be interesting to refuse a check of bag/shotgun/shot just to find out. problem is i never run into the warden. plus, i kinda like the guy, would hate to ruin the relationship

 

[jhgreasemonkey]

I've wondered why it is legal for game wardens to randomly stop vehicles and demand to see your rifles to check if they are loaded. If your rifle is in your vehicle shouldn't they need a search warrant? Don't get me wrong I'm all for keeping your rifle unloaded while in your vehicle. But I don't like to get hassled by game wardens every time I hunt or fish. Game wardens seem to operate without any boundaries. Maby someone can explain it to me.

 

[shortwave]

I've wondered why it is legal for game wardens to randomly stop vehicles and demand to see rifles to check if they are loaded.

Simply put: Cause of poaching out of vehicle's caused a need for this.

 

[teeroux]

In the State of Ohio a game warden can come on your private property without permission due to the fact the animals you are hunting belong to the state.

Is that so. So I guess it would be well within reason one could bill the state for storage and maintainace of its property. They sure don't come around an feed the animals. They are fed and stored on/and with personaly owend property.

No sir GW I'm not hunting I'm evicting your property.

 

[Art Eatman]

Send the bill, but I don't recommend trying to hold your breath until the check arrives.

Regardless of how anybody interprets whatever, the whole Game Warden deal is a case of "This is the way it is; live with it." Or go to court and fight it and try for some change which suits your opinion--and good luck with that.

Enough...