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Started By
Message
re: Open fields doctrine is being challenged in Louisiana
Posted on 3/12/24 at 11:41 am to Sparetime
Posted on 3/12/24 at 11:41 am to Sparetime
quote:
LEOs are all bad, and while we are at it, let's change this rule and that rule to limit their powers to serve and protect...
If you changed "serve and protect", to "infringe on your individual rights".. I'd 100% agree.
0
Posted on 3/12/24 at 1:00 pm to Sparetime
quote:
This is a liberal agenda dream come true to have "open field" overturned.
I think we found another wildlife agent...
Posted on 3/12/24 at 3:31 pm to SoFla Tideroller
quote:
Yes, liberals are well known for wanting the power of government curtailed...
Read my post, I never mentioned government, I clearly stated law enforcement to protect and serve power.
Posted on 3/12/24 at 3:57 pm to BruslyTiger
quote:
I think we found another wildlife agent...
Nope. Landowner
I might question why he is checking my property twice in two weeks, but I would thank him for being visible on my property.
Now, I'm not doing anything illegal and I've needed them to catch outlaws way more than they have invaded my privacy.
Maybe we should be saying "I think we found another outlaw"
Posted on 3/13/24 at 7:00 am to Sparetime
Does the legislative branch of the government not write law that the enforcement officers use to “serve and protect”?
I’ve always followed the law and my interactions with game wardens have been fine outside of a few power trippers.
You may be fine with them having free range on your private property, but it goes against one of the foundational principles of our free country.
I’ve always followed the law and my interactions with game wardens have been fine outside of a few power trippers.
You may be fine with them having free range on your private property, but it goes against one of the foundational principles of our free country.
Posted on 3/13/24 at 10:03 am to Sparetime
quote:I bet I could find something.
Now, I'm not doing anything illegal
Posted on 3/13/24 at 1:30 pm to boudinman
You’re just making another excuse to enter someone’s private property. Nothing you or the state do will affect CWD so spare us the civil servant “I’m just trying to help yall” routine.
Posted on 3/13/24 at 2:24 pm to White Bear
quote:
Now, I'm not doing anything illegal
I bet I could find something.
With the ways laws are written, I bet I could find almost every person doing something. The thing is it doesn't grant law enforcement the right to enter my property without cause or warrant, whether it is a home, the curtilage of a home or open property.
Posted on 3/13/24 at 4:11 pm to SoFla Tideroller
"Yes, liberals are well known for wanting the power of government curtailed..."
They used to be. Classical liberalism included all of the bill of rights and cherished individual freedom. Classical liberalism is dead. Now we live in an upside down world where being liberal means you want a nanny state and hate free speech and think the 2d amendment is outdated and the right to petition for grievances applies only to certain supposedly oppressed groups.
They used to be. Classical liberalism included all of the bill of rights and cherished individual freedom. Classical liberalism is dead. Now we live in an upside down world where being liberal means you want a nanny state and hate free speech and think the 2d amendment is outdated and the right to petition for grievances applies only to certain supposedly oppressed groups.
Posted on 7/12/24 at 8:12 am to BruslyTiger
The Open Fields Doctrine was successfully challenged here in TN and might affect the pending LA litigation. TWRA isn't going to appeal to the TN Supreme Court, so it seems settled.
I sympathize with law enforcement trying to prevent illegal hunting/fishing, but being surveilled on your own land without a warrant or any other legal due process is scary.
WYCB News
I sympathize with law enforcement trying to prevent illegal hunting/fishing, but being surveilled on your own land without a warrant or any other legal due process is scary.
WYCB News
Posted on 7/12/24 at 8:27 am to BruslyTiger
Tennessee overturned this open field policy just this week.
Posted on 7/12/24 at 8:59 am to BruslyTiger
quote:
With the ways laws are written, I bet I could find almost every person doing something.
That's by design.
“Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with.”
- Ayn Rand, Atlas Shrugged
Posted on 7/12/24 at 9:12 am to Twenty 49
quote:
The conservative justices said the search did not violate the 4th Amendment because, using strict construction, it applies only to to "persons, houses, papers, and effects", so it does not extend to the open fields as held earlier in Hester v. United States. They also said that steps taken to protect privacy, such as planting the weed on secluded land and erecting fences and "No Trespassing" signs around the property, did not establish that expectations of privacy in an open field are legitimate in the sense required by the Fourth Amendment.
Only liberals Marshall, Brennan, and Stevens dissented.
"Conservatives" haven't been conservative in 40 years.
Posted on 7/12/24 at 9:14 am to Sparetime
quote:
This is a liberal agenda dream come true to have "open field" overturned
Exhibit A.
Open Fields Doctrine is a clearly liberal interpretation of federal powers, but then we have fools making comments like this.
Posted on 7/12/24 at 9:16 am to shspanthers
quote:
“Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with.”
- Ayn Rand, Atlas Shrugged
That's the entire purpose of the War on Drugs. Basically, they've been using drug laws and immigration laws to keep unskilled labor cheap.
Posted on 7/12/24 at 9:18 am to Piebald Panther
quote:
I’ve always followed the law and my interactions with game wardens have been fine outside of a few power trippers.
The worst interaction I've ever had with law enforcement involved no broken laws on my part, but several on theirs. They got a slap on the wrist, and only because we had a close family friend at LSP.
Unfortunately, law enforcement will ALWAYS attract power-hungry idiots. It's up to their leadership to weed/root those out as quickly as possible.
This post was edited on 7/12/24 at 9:19 am
Posted on 7/12/24 at 10:28 am to White Bear
quote:
dove hunting over baited field he didn’t know was baited. The article mentions this and his legal filing said one of the game wardens mentioned it on the second encounter.
So what? If it's his property he should be able to do what he wants. Otherwise you could get a ticket for catching over the limit in your pond. If you can go to Argentina and kill them by the thousands, a baited field isn't putting a dent in the population.
Posted on 7/12/24 at 10:33 am to BruslyTiger
I leave my gate open. But if I see anyone go back there who shouldn't, it gets locked behind them.
frick em.
You want to walk through, I have to let you. You drive in trespassing, I don't have to let the vehicle leave.
The local sheriff agrees.
frick em.
You want to walk through, I have to let you. You drive in trespassing, I don't have to let the vehicle leave.
The local sheriff agrees.
Posted on 7/12/24 at 10:34 am to Galactic Inquisitor
quote:Turns out “conservative” government needs dependents same as “liberal” gov in order to continue to thrive and grow. Most “conservative” folk are too blinded by R v. D, and distracted by shite like posting commandments and the pledge in schools, abortion, chicks with dicks, etc. to realize they’re being fk’d from all sides.
"Conservatives" haven't been conservative in 40 years.
Posted on 7/12/24 at 10:47 am to shspanthers
While it's "settled law" in Tennessee--the Tennessee case main crux related to the Tennesse Constitutional Protections, not solely those in the U.S. Const/Bill of Rights.
It will be the same analysis here--Fed law allows it (open field doctrine), however, state Constitutions generally have extended more protections in this aspect. LA Const. provisions and Tennesse Const. provision are similar, but a little different.
While a LA court may "look to other courts" (i.e. Tennessee), the case in Tennessee does not bind LA courts to apply a similar process/finding.
Hopeful it goes all the way to LASC to make it "settled law" here.
It will be the same analysis here--Fed law allows it (open field doctrine), however, state Constitutions generally have extended more protections in this aspect. LA Const. provisions and Tennesse Const. provision are similar, but a little different.
While a LA court may "look to other courts" (i.e. Tennessee), the case in Tennessee does not bind LA courts to apply a similar process/finding.
Hopeful it goes all the way to LASC to make it "settled law" here.
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