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re: Any weird experiences with game wardens?
Posted on 12/3/23 at 1:17 pm to Taxman2010
Posted on 12/3/23 at 1:17 pm to Taxman2010
Read what I wrote…PRIVATE land.
Why is it trespassing when a neighbor snoops around on your PRIVATE land yet its A OK for govt agent to?
When the Constitution was written and Bill of Rights spelled out the 4th Amendment protections against unreasonable searches/seizures, it was based on an agrarian society that put great focus on property rights and protections on such property.
It wasn’t until the interpretation by the USC in Hester vs US in 1924 that OFD became a “thing”.
In 1967, in Katz vs US, USC made a 2 prong test to limit it.
OFD was based on areas public could easily see, not deep in the woods on YOUR property.
I spent 26 years as a LEO and never used info obtained by OFD observations as a stand alone for warrant PC, nor did I ever cross locked gates nor tromp through private property without a s/w.
That was my call and has always sat well in my conscience.
Why is it trespassing when a neighbor snoops around on your PRIVATE land yet its A OK for govt agent to?
When the Constitution was written and Bill of Rights spelled out the 4th Amendment protections against unreasonable searches/seizures, it was based on an agrarian society that put great focus on property rights and protections on such property.
It wasn’t until the interpretation by the USC in Hester vs US in 1924 that OFD became a “thing”.
In 1967, in Katz vs US, USC made a 2 prong test to limit it.
OFD was based on areas public could easily see, not deep in the woods on YOUR property.
I spent 26 years as a LEO and never used info obtained by OFD observations as a stand alone for warrant PC, nor did I ever cross locked gates nor tromp through private property without a s/w.
That was my call and has always sat well in my conscience.
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