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re: Hunters in PA challenging Wildlife Agent searches on Private Property

Posted on 2/6/22 at 1:26 pm to
Posted by lotik
Member since Jul 2018
323 posts
Posted on 2/6/22 at 1:26 pm to
Should we let the criminal kill a live deer or steal someone else's car? The offender knows it is a crime either way.

Is an undercover pretending to be someone they are not also entrapment?

I’d also argue it is a great deterrent of crime as well.
Posted by BorrisMart
La
Member since Jul 2020
8823 posts
Posted on 2/6/22 at 1:36 pm to
I don't see a problem with bait cars and a bait deer at night. I honestly wouldn't look twice at either. I wouldn't shoot a deer at night and I wouldn't steal the car. The people that would are the people that would do that already. There is room for the legal ambiguity with both tactics but I'm sure the Courts have long ruled on bait car stuff and robot deer.
Posted by sparkinator
Lake Claiborne
Member since Dec 2007
4465 posts
Posted on 2/6/22 at 4:02 pm to
I remember a judge ( I think Jackson Parish) one time told the game wardens to get a smaller racked mechanical deer because the one they had would even tempt him to shoot at it. Lol.
Posted by White Bear
Yonnygo
Member since Jul 2014
14036 posts
Posted on 2/6/22 at 4:26 pm to
quote:

I don’t understand what the problem is. If you are legal then what is wrong? Are the same kind of person that screams entrapment when you shoot a robotic deer off the side of a road at night?
Damn son. 4th amendment. I saw a violation on the La Law game warden show-green jeans looked into the back of a parked truck and started taking pics of what he thought was deer hair and blood. These dudes (LDWF ENFORCEMENT) are completely out of control. I’m anxious to see the shite they pull with the CWD rules-IE road blocks and shite.

The baiting ban will lead to these slap dicks cruising your property at will.
This post was edited on 2/6/22 at 4:28 pm
Posted by bushwacker
youngsville
Member since Feb 2010
3612 posts
Posted on 2/6/22 at 4:34 pm to
Game wardens are welcomed on my property.

Imagine the outlawing that would occur if this passed? I understand we have rights, but the purpose of this law is to protect the game and fish of the state. If game wardens lost this ability our resources would definitely be in jeopardy.

Coonasses with property with no possibility of a game warden showing up?? What could go wrong??
Posted by EF Hutton
Member since Jan 2018
2366 posts
Posted on 2/6/22 at 4:36 pm to
Read This, rather than me summerizing


LINK
Posted by BorrisMart
La
Member since Jul 2020
8823 posts
Posted on 2/6/22 at 4:56 pm to
quote:

Game wardens are welcomed on my property.

Imagine the outlawing that would occur if this passed? I understand we have rights, but the purpose of this law is to protect the game and fish of the state. If game wardens lost this ability our resources would definitely be in jeopardy.

Coonasses with property with no possibility of a game warden showing up?? What could go wrong??


I am not anti game warden by any means and I have respect for the good ones for sure. But the private property issue is what I am more interested in from a legal perspective. American law was founded on the sanctity of private land owners.

ETA:
@Sparkinator, that is hilarious. But as someone mentioned earlier, if I had private property that I was using for hunting, I would be fully legal anyway and would sleep peacefully at night. I do think the green jeans are totally necessary for poachers and trespassers. But some might say they are trespassing (even if they are granted that power), and seems a little dangerous to be walking around private property during the season.

I have heard stories about them checking trucks on private property for hair and what not.
This post was edited on 2/6/22 at 5:00 pm
Posted by White Bear
Yonnygo
Member since Jul 2014
14036 posts
Posted on 2/6/22 at 5:22 pm to
quote:

Game wardens are welcomed on my property.

Food for you.

quote:

Imagine the outlawing that would occur if this passed? I understand we have rights, but the purpose of this law is to protect the game and fish of the state. If game wardens lost this ability our resources would definitely be in jeopardy.

Coonasses with property with no possibility of a game warden showing up?? What could go wrong??
What you should understand is the outlaws are going to do their thing no matter if LDWF has 20k agents or one per Parish. Most people are reasonable and law-abiding. The deer weren’t wiped out during the decades of the honor system limit when LDWF had fewer agents per Parish, I think in the 90’s it was like two per Parish.
This post was edited on 2/6/22 at 5:24 pm
Posted by White Bear
Yonnygo
Member since Jul 2014
14036 posts
Posted on 2/6/22 at 5:23 pm to
They broad authority, no doubt.
Posted by ecb
Member since Jul 2010
9356 posts
Posted on 2/6/22 at 6:47 pm to
It's always the poachers that complain about this.
Posted by ecb
Member since Jul 2010
9356 posts
Posted on 2/6/22 at 7:13 pm to
Actually the public owns the animals, this is to prevent the landed gentry from hunting illegally, over harvesting and impacting the resource.
Posted by White Bear
Yonnygo
Member since Jul 2014
14036 posts
Posted on 2/6/22 at 9:06 pm to
quote:

It's always the poachers that complain about this.
Posted by TBoy
Kalamazoo
Member since Dec 2007
23835 posts
Posted on 2/6/22 at 9:26 pm to
If you have your land fenced good, i can see a clear argument that the animals there are yours and the state shouldn’t be able to regulate them at all. Maybe open land is different, but I’ve been on some high fence hunting land that was more like a zoo or pen than a wild area.
Posted by beulahland
Little D'arbonne
Member since Jan 2013
3584 posts
Posted on 2/6/22 at 11:11 pm to
Touch not the kings deer.
Posted by lotik
Member since Jul 2018
323 posts
Posted on 2/7/22 at 7:29 am to
Such a bad take.

Does it make me criminal for not wanting police to have the ability to walk into my house without a warrant?
Posted by lotik
Member since Jul 2018
323 posts
Posted on 2/7/22 at 7:37 am to
quote:

If you have your land fenced good, i can see a clear argument that the animals there are yours and the state shouldn’t be able to regulate them at all.


I really wonder sometimes how people come to these types of conclusions. Do you really believe that if you fence in a bunch of wild animals they somehow become your property?
Posted by dat yat
Chef Pass
Member since Jun 2011
4340 posts
Posted on 2/7/22 at 9:22 am to
quote:

quote:
I don’t understand what the problem is. If you are legal then what is wrong? Are the same kind of person that screams entrapment when you shoot a robotic deer off the side of a road at night?


Unbelievable.

It’s so obvious those who’ve never owned much of anything and thus don’t care about maintaining the sanctity of private property.


I own a decent amount of land and have no problem with Wildlife doing their job. In the US, 74% of all land is privately owned; how can Wildlife possibly do their jobs without going onto private lands? (I'm not talking about going in your home or even in your camp/shack/trailer/barn. A permit should be required for that.) But these guys need access to the lands with wildlife habitat to enforce laws.

They visit the deer camp in Arkansas every year to check licenses, inspect kills/tags. I wish they patrolled MORE, but most states can't afford it.

Posted by deathvalleytiger10
Member since Sep 2009
7612 posts
Posted on 2/7/22 at 9:47 am to
quote:

Do whatever you want on your own land, but don’t get mad when a warden comes looking for you because you were bragging about the shite.


Obtain a warrant like any other case. It really is that simple.
Posted by TheDrunkenTigah
Baton Rouge
Member since Aug 2011
17334 posts
Posted on 2/7/22 at 11:30 am to
quote:

In the US, 74% of all land is privately owned; how can Wildlife possibly do their jobs without going onto private lands? (I'm not talking about going in your home or even in your camp/shack/trailer/barn. A permit should be required for that.) But these guys need access to the lands with wildlife habitat to enforce laws.


I don’t think anyone is advocating that they can never enter private lands, just that they should be required to have some reasonable suspicion or probable cause like every other law enforcement agency in the country. In the age of social media coupled with the general dumbassery of those who commit violations it’s not that big of a burden.

We’ve had wardens that will sit on public roads and listen for shots after legal hours, then enter property if they hear one. That’s perfectly fine. Then we had a non-uniformed warden who decided to take his ole lady and dog joyriding through our lease on his personal sxs and acted indignant when we questioned why he was on the property, and insinuated we’d be seeing a lot more of him for daring to question why. They’ve walked up on us, wearing no orange themselves at 430pm, just to spend til dark finding we’re 100% legal. They’ll steal cards from cameras over a perfectly legal feeder just on the off chance you poured some of the sack on the ground.

Having zero barrier to enter property and the petty nature of enforcement makes people distrust them and more prone to keeping their mouth shut. That’s the eventuality of overreach. I’d argue THAT enables poaching more than anything.
Posted by deltaland
Member since Mar 2011
90890 posts
Posted on 2/7/22 at 11:46 am to
There is no reason wardens should be exempt from the same constitutional constraints that law enforcement is under.

If you need a warrant to search for drugs or a murder weapon you should need one to look in my deep freezer
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