Dnr game warden cover letter

Publicado em Agosto 2017

I just retired from the Maine State Police after over 20 years. What bou'bound,lareva,zipper,and badlander have said holds true. Lareva (retired CO) Game Warden's powers come from Civil law not criminal law, thus they have much more leeway in enforcing fish and game violations. I'm sure he was trained by his FTO that he could do what he does cause thats the way it's always been done. I would go out of my way to say anything to him that will get him mad as he may then decide to make it his mission in life to catch you doing something against the law so he can get you back. They can check licenses at the vehicle, in the woods all they would do is tick you off as he clearly has done. I don't know but, if that were the case, I thank that all of us would be willing to open up our arms to COs trying to do their job. As to authority, yes, the Agents do have more power than the Highway Patrol officers in regard to filing for and serving their on warrants. Further, a person is not required to answer any other questions during a Terry stop, and the detention must be brief. Such as seeing hunting activity or based on reports of possible violations occurring from time to time. I have always wondered about the guys claiming to agree with letting COs go any where. In regard to searching Domiciles or curtilage, we cannot do it without a warrant unless invited in by the occupant. I think in the "big picture" you want him there doing his job. The first time he walked off the interstate down to my blind. But I couldn't serve certian civil paperwork.... On the other hand up in Allimakee Co. Other than that I wouldnt mind a warden keeping an eye on my property. I have his contact info and will ask him again if there was anything he was looking for but last time he said he was just patrolling. INSIDE Houses, cars, garages etc. If not tell him so. "Regardless of the law why tweak this guys nose for no reason. When I bought my research paper on gay marriage hunting land in 1984 it turned out the Game Warden lived next door(surprise)and he used to hunt my newly purchased land when he was younger. In most states if a game warden believes that hunting is occuring on private property he can enter to investigate. But I would want the decision to be mine, as I believe it rightfully should be. Purple Paint means posted property but it also gives COs the right to come on the property. Put a name with the face you hear about. And even write speeding tickets if they wish... He looked at my bow and arrow, seemed surprised that I was using archery equipment for turkey, asked me if I was the guy whose name was all over the posted signs and kept walking. I have never and will never take a violation of my personal or property rights lying down. At prime time, on your day off from work? E divorce papers. It can be almost impossible dnr game warden cover letter to take a search warrant case all the way to the US supreme court on a single case because the justices will not hear it unless it has an impact on for the entire US. Then, according to the Supreme court, you may search incidental to the arrest. In Hiibel v. It turned out she had a right to enter his property due to the probable cause that was evident from the type of piping, distribution boxes, gravel, etc. VA may be different, just seems to me that a CO looking for random game violations would have better luck checking people at their vehicles, etc... Illegal-period. But asking for your rights to be respected should not earn you the wrath of any LEO. Is that just on this site for show? Ive never been in Virginia, but your CO situation down there either differs greatly from ND or MN where I spend most of my time. Durado, I also live in Va.... He "paid us a visit" each year the first couple years at different times and we always treated him respectfully and had our house in order. I don't think any law abiding LEO would or should have a problem with that, they should be some of our first defenders of the Constitution. Let others know that a warden walks through your property randomly and soon the word would get out and tresspassers will steer clear... I hunt and fish with asst. We were told by this DNR that he works for us, you are the state !! Lareva, I have always respected your opinion, but I think what I have just said is even recognized in MO. Have both ends of the gamitt Her dnr game warden cover letter in Black Hawk Co. Ohio, the Supreme Court ruled that a person can be stopped and frisked by a police officer based on a reasonable suspicion. I believe there are plenty, but our ignorance doesn't help. Game warden proceeded to check his license. Neither can any other law enforcement officer regardless of what state he is in. Writing one's own warrant would bypass the giver essay prompts this protection IMO. At his private domain, his house and curtilage, the warrants are required unless invited in. I hope he shows up someday while I am there so I can meet him and thank him for the under-appreciated job he does. Other than your house! The last thing you want is to piss him off. He claims that he just goes in at one highway exit and walks all the way through everyone's property to the next exit as part of his patrol (4 mile walk). Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be engaged in criminal activity based on specific and articulable facts and inferences. Check your license every time they see you. They can not just wander your property without cause. Chief of law enforcement for our state agency. I try not to waste his time by e-mailing him the folks that have my permission to be on my property so there will be no problems if he ever catches anyone, and I have provided this permission in writing to those involved. Such a detention does not violate the Fourth Amendment prohibition on unreasonable searches and seizure. The only time they are out wandering is if they have suspicion of baiting, or abandoned animals, or something similar. Which means, the individual will more than lackly be taken to jail while the warrant is being issued and another officer will stay with the car to see that it does not move. They have not been against anyone "feeding" wildlife in critical times but not to hunt over that site while it is still baited. Best wishes. Your state may be the same or different in the "powers" they grant to certain law enforcement departments. Do you agree they should be allowed to go any where for anything? I appreciate your participation here. And I understand that having some vagueness may help in catching the bad guys. He would tell us about the guys he busted around the corner and various other things they had done like restoring the turkeys. We here in IA. Yes, I did have properties that I could go and come as I desired but only with permission from the landowner or person in charge. We have one Game Warden for every 3-4 counties and if I didn't occasionally bump into one at the local 7-11 getting a cup of joe, I would think they were as fictional as sasquatch. I would try to work something out. Great post and great replies. The supreme court cant review 10,000 cases a year. Help the officers do their jobs by providing all of the necessary information, allow access to use robo-deer etc. We have a guy that thinks he can do what ever he wants when ever he wants, like serching a locked truck and harasing guys looking for a deer on private land!! I still get reported two or three times a year. As far as the GW goes... Just recently I was stopped by a state trooper accusing me of speeding, then hopping the ramp and going the other direction to elude him. MOST wardens if given the opportunity will explain the the what's, where, and why. That being said, I'm also a big fan of the 4th Ammendment. In most instances Game Wardens are the friends of landowners and legal hunters! Whenever I read stuff like that, I just shake my head. I am probably moving in less than a year so he'll have a lot of nothing to patrol next Fall anyways. Then, yes, your probable cause better be in order based on physical evidence present or what can be seen from where the officer has a legal right to be, then it is no longer considered concealed. He was going to write me a ticket anyway, and I let him have it. As a State Game warden for the past 22 years Mr. (You don't need a license hunting your own property in VA. And if they do, I can tell you a couple of places to check as guys were shooting well past legal light and the "hunting" appeared to continue well after rifle season ended. However, when this topic came up before, a good friend who is a lawyer and was a judge said he would not agree that COs have more rights about searching and would be inclined to challenge this if a client needed him to. ) Here's the long and the short of it. Maybe your neighbors in the area have a recurring trespass issue that you are not aware of - who knows. There have been many landowner threads here where guys are looking from help from game wardens to keep trespessers out. Or in this case, no cause whatsoever. Now, that being said, depending on the relationship you want with the warden you may want to consider granting written permission. There may be some day when you really need his help, and it's a lot easier dealing with someone who's your friend than someone who's pissed off at you. Or, the car can be towed,usually at the owner's expense, to an appropriate place and inventoried. Too funny, you didnt hear a word about this in the media as a violation of rights, but they jump up and down about some illegal being wire tapped or listening to someone overseas without a warrant. Best darn warden I ever knew!! Trust me, many Wardens(nationwide) are under the mistaken belief they are somehow magically exempt from the US Constitution. Hi LW. They have a Thankless Job..... I have never known these guys to just wander around the woods. There would be no need for this distinction from any other posted property if COs have unlimited rights. Lareva In my experience I have never seen a Game Warden enter private land to 'patrol'. This traffic stop made me nearly 30 minutes late for a continuing education meeting. Any good Officer will certainly be willing to discuss and explain his reason for being there. If the property wasn't posted, I could understand it but once it's posted I would argue that it's very clear as to the owners position on trespassing. I have been told they are allowed to search without warrents, trespass without permission... I'd say if this is the case, more power to him but the LO should find out either way and he can do this without knowing the specifics. Truthfully, I doubt they would have time for it. Question, your wording on "serving on warrants" does not mean the same as writing their own warrants. Durando if you wish to send me a pm I'll try to explain the legal right of game wardens in most states to enter private property, and some of he reasons why. Supreme court does not allow that. The frequency bothers me. Will continue checking with the local authorities on exactly what is allowed locally. He likely had no idea anyone was even hunting there. If your not, write a letter to the guys department advising them they are not to enter your property absent PC, a warrant or your permission. He always keep an eye on our property and we NEVER had people on our property that were not with us. It therefore had to be determined if local health codes for the proper installation of the finger system were being followed. It is the basis for an investigatory or Terry stop by the police and requires less evidence than probable cause, the legal requirement for arrests and warrants. Amazing what our government has gotten the authority to do either legally or illegally. I guess I'm a bit old-fashioned in that I believe in respecting basic property rights. This is one example of ethics that the general public demanded of the MDC to enact such a regulation. A bit unnerving when you know you're the only one that is supposed to be out there and you see some dude in camo sneaking in on you. I can think of a couple of organizations that would probably have a talk with their departments. I would even consider filing a complaint if he continues. I wrote a post on the Com Form about this same thing . I think people are getting confused in the difference of "power" and a "right". I. Just call first and let you know. phd research proposal construction Have a much higher standard than land. The land owner took her to court and lost. It is in fact private property. Sixth Judicial District Court of Nevada the court further established that a state may require, by law, that a person identify himself or herself to an officer during a stop. Hopefully now that firearms season is over he will turn his attention elswhere and figure out that I am keeping it legal. I carry the most locals ones card in my wallet and use it a couple of times per season contact him about issues seen on or around my property. Trust me, that 'training' is common. Best thing to do is get to be friends with them and insure they know you aren't the kind of hunter they are looking for. I also hope you remember our communication regarding my property. Why don't you call him and have a talk with him. One of the DNR officers earned our respect and the other one demands it!! Such as in a car. Re-read what Lareva said. The original thread of this conversation had to do with being on the open property where the individual was hunting. As far as I understand the game wardens have more power and jurisdiction then state dlf business plan troopers. And you don't really want anyone just wandering around on your property without you knowing about it. A combination of particular facts, even if each is individually innocuous, can form the basis of reasonable suspicion. They do not have all the authority of state police in my state but when it comes to enforcing game laws they can do a lot and that dnr game warden cover letter includes coming on your property any time they want. Yeah, we better terminate this thread before someone gets hurt! Happened today and last spring when I was sitting in my turkey blind I heard something creeping in from behind and it was him. Really? Untill you brack the law , your his boss!! As to the situation about this thread, my first thought was that this CO was probably checking into something and did not want anyone to find out lest the person being investigated was tipped off-intentionally or otherwise. Is illegal to hunt over. But I have never even heard of 'patrolling' through private land without permission. Thanks for the input. And that is another different ball of wax because of the possibility of it being moved before the officer can obtain a warrant. The purpose of warrants is to serve as a check and balance, which you obviously know better than I. Just because someone says they have the right to enter private property to "patrol" doesn't mean they actually do. Late archery started today, if I see him again this season, it will have gone beyond friendly policing and be a nuisance. They "CAN" come onto your property and check most anything with out a warrant... He and I have had discussions on this matter, when I first bought some property I had trouble with some guys tresspessing in and around our posted properties, I asked if he could go and inspect, he told me he would keep an eye but he did not want to ruin the hunt for the other law abiders on stand. That is certainly a different scenario than a man's home and buildings. I have a hard time swallowing the concept that it's OK for someone to just patrole your posted property in the name of law enforcement. Sheriff's dept couldn't give me a straight answer today. Any law enforcement officer can make life for you a living hell if they desire to do so. I don't know what responses you are referring to, but I believe all of us agree that with cause they can enter. In my career, I don't recall Officers just randomly "patroling" around on private property unless they have had "information" concerning possible violations that have been occurring there in the past or current info in regard to possible "baiting" that is going on, which, in Mo. :) Yes, my property is in a very visible place with my south border being a state road and my north border an interstate. Unfortunately i think he does have the right to come onto your property without your permission. IMO that literally spits in the face of the constitution. We are talking about a CO who just decides to wander property to see if there are any violations that he has no knowledge of prior to his "walk". Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be engaged in criminal activity; such suspicion is not a mere hunch. We were both cordial with one another (I knew him by name and he knows me as the "bowhunting doctor" but I think he could sense I wasn't too thrilled having to stop my hunt for rogerian essay outline a second time in one season to stand there talking out loud at my stand in the middle of the rut. Trust me, he and his department will learn what the reality of PC is PDQ. I have seen them walk across private land directly to a group of individuals as well as drive onto private land (gate open) to talk to people he could see from the road. You respect the job they are doing and they SHOULD respect the fact that many people follow game laws and are not criminals. No doubt this Warden believes he has the "right" to enter your property. Some of you don't mind some one walking up to you when you have been on stand, say 4-5 hrs and says, "hey dude just checking to make sure all is well in this neck of the woods"... I guess respect is one of the things that goes along way on both sides. Think about it and have a great day. He probably believes this based on whatever misinterpretation of PC he gained in the academy and the field. However, the Department policy has always been for us to follow the same proceedures if possible. Issue you a citation for making a rolling stop at an intersection at 4 am in the morning with no other vehicle in sight. You'd be surprised how many of these guys get tips on illegal activites that are just phoned in by jealous neighbors. In the past we have let State Game Wardens and Federal Fish & Wildlife hunt our property and also access other areas thru our property to uphold the laws..... He explained he did not hunt any more because he now hunted hunters. I never directly asked the legal scholar about this item, but my hunch is that one can not write their own warrant. You can see my stands with binos from the interstate when the leaves are down if you knew they were there. Still, they are obligated to check them out. I agree with dnr game warden cover letter you also Boubound...... I agree with what others have said, there is no right to access to your property by ANY LEO without cause. I guess I was too young... Pat C. It speaks volumes of your character. Just trying to get the correct information out there so that someone doesn't get in a pinch they don't need to be in, because unbelievably to me some people actually believe what they read on the Internet. It's going to take a lot of convincing for me to accept the legality of that. He asked me "would you like if I trapsed past your stand opening day"? Some may say they do, but as mentioned above, a dnr game warden cover letter case probably has not been pushed far enough. Charlie Speaking personally, that wouldn't be the issue... I informed him in no uncertain terms would I accept the ticket and drove off. Having said that do some law enforcement departments violate those rights???? At that time make up your mind if you want to grant that permission. He never followed. I hope you can understand and also appreciate my deep respect for adherence to the Constitution by all of us, most especially those with the power to abuse it. My ground blind is a dnr game warden cover letter small, old barn and he said he saw it from the highway and was just checking it out! Respect is reciprocal. I had the "power" granted to me from the state to write speeding tickets, investigate murders,(Only the State Police and the cities of Portland and Bangor have this power) enforce hunting laws, enforce motor carrier rules etc. Simple and respectful of another persons rights. Most CO's will wait till an infraction has occured, then make their move to arrest. The Bad Guys are the ones they are looking for! This category is also used when an officer detects a familiar pattern of criminal activity that contains suspicious behaviors (i. Hit-or-Miss says Maine wardens have more power????? Lareva Like others have stated maybe the CO had probable cause and was using your property as access to get at the real culprits? I'd try and get to know the guy, I wouldnt be surprised if you have a neighbor who has reported some type of specific illegal activity, or possibly they have identified something from the air - here it is usually baiting - that they are looking specifically for. Search your vehicle every time you go by. In NJ all law enforcement officers can enforce Title 23 ( Fish and Game Laws) * Observation – This is information that the officer obtains through their senses, such as sight, smell or hearing. In Maine Deputies cant enforce motor carrier laws, investigate murders, but can serve civil process and enforce traffic and hunting laws. AS BB has affirmed, maybe you should be-friend him and then have a nice friendly chat with him about the problem as you see it. Probable cause? And if it research paper on service recovery does, the problem is certainly not with you. The fourth amendment may be dead in America but at least the first is alive and well! I can't even imagine it being legal to go on private property with permission or without probable cause. An arrest is not permitted based on reasonable suspicion; probable cause is required for an arrest. Yes Charlie I agree, the CO in my area and myself are on a first name basis, though I do call him officer out of respect for his position. The conservation agent in my county is one of my life long best drinking buddies and one heck of a great guy. There is a gun hunting club a quarter mile directly beyond me where his foot patrol ends and he told me Saturday he was heading there. I am not naive to know that there can be a "bad apple' in any barrel but by in large, they want to be your friend and help you in any way they can. He got them coming out at the road... Called DNR in your area. He retired about 10 years ago. Best plan is meet the officer, take him to lunch and work it out. LW: In Missouri, we were not instructed to just randomly "wander" around on someone's property unless we have a reason to be there. E. Talk to him, maybe you'll put his mind at ease that the allegations are unfounded, or at least he'll tell you why he is there. I had to produce a business card of my business about 30 miles off the ramp to have him believe that I actually just got on the interstate and was not running from him. He, is in fact, trespassing and subject to arrest. I have shown all the respect I can by informing my CO he can go whenever he wants to my property, both privately and publically acknowledging this in fact. Explain your position, and see what he says. Make friends and give him your cell number and tell him he's more than welcome to enter anytime he wants but to call you first. I would talk to him, politely explain you are hunting and his being there messes it phd thesis canada up. State laws do not out-weigh the Constitution. If he says no, then I would inform him in no uncertain terms that if he continues this path you will have an attorney contact his superiors. Are we saying the same here or is this a typo. You can get to know him and show him where your stands are, and he'll probably try not to mess up your hunting while still doing his best to keep things legal in your area. Nice fella. He had also not filed for the proper permits. ) Of course I verified his name and position with DNR to make sure he wasn't an imposter or poacher. Thanks to all! The Warden is going to contact you and explain his reason for wanting to enter your property-although he still may 'believe' he has that 'right'. What NO state can do is give any department the ability to violate your "rights" as defined by your state constitution and the US Constitution. All kinds of situations may exist there. He's a nice enough guy, but doesn't mean I want him randomly prowling around. In a civil court the burdens of proof are easier met than in a criminal court. The best thing you could do is to get to know your local warden face to face. The dog aspect is a new one for my area, but I saw a game warden's ATV yesterday with a dog crate mounted to the back. If he trespasses again after that, call the local Sheriff's dept and arrest the guy. There would be very little of this if LEOs could go where ever they wanted since MO has many more than most states. Next time a warden walks through your area talk to him and give him your phone number and ask him to give you a call and to see if you are out hunting so as not to spook your game. Proper Cause must be just that. After the third year we hardly dnr game warden cover letter ever saw him and when he did come up to visit it was a visit. I would have no issue with inviting the LEO to walk through the property and would even go so far as to show him around or invite him to hunt it, as long as I got the sense that he was an upstanding guy. I doubt he's just out to tick you off though. I would like one Game Warden to come on this site, state their name and tell us they can go wherever they want on private property, whenever they want, with or without probable cause. , flashing headlights, circling around a certain neighborhood. I knew the story about Waco, but I have never heard of Ruby Ridge until I just read it... And for once I actually had some accurate information to share. However, no way no how allow him to trespass absent your approval. Next time I speak with him I will thank him for his service and kindly ask that he walks along the interstate on the state's right of way and not right under my stands. No cause, no entry for any LEO. Probably but until it has been taken through the legal system it will not change. In MN, I know the 2 wardens that work my hunting area by name. However if the officer's suspicions were correct and the situation escalates to a point of where the officer has probable cause, the officer can arrest the suspect. Police may also, based solely on reasonable suspicion do my admission essay uchicago of a threat to safety, frisk a suspect for weapons, but not for contraband like drugs. If your comfortable with this, great. That give the rest a bad name!! I'm with bb. The HP can only serve warrants accompanied by a sheriff's department personnel or even help the Agents in doing so. In Terry v. You wont win"??? East and West borders are my neighbors private property and they do not use it due to the difficult terrain. I would ask him if he has seen a crime being committed or if any complaints have been filed about him or his property. Sounds almost too fantastic to have actually occurred, but it did. I don't, and I don't see the difference just because it comes down to wildlife. Wardens cant investigate murders ,but are tasked with invstigating hunting accidents and missing people in the woods, or serve divorce papers but can write speeding tickets etc. If he were to persist I would say he's disrespecting both you and your rights. And its like we were told its guys like the one in Black Hawk Co. 2 years ago where I deer hunt (private property) the game warden released his dog near my friend's parked truck and the dog followed the scent trail to the base of the tree. The second time he came straight on from neighboring property. Lareva Great debate! In Illinois, the Game Wardens have more rights than the State Police. Every example you cited would probably be cause. I have hunted VA my entire life and I have only had one in-field encounter with a Game Warden.