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[Limbs and Sticks]

A federal game warden can go any place he wants when he wants, more power than US Marshalls, the key word is FEDERAL.



Wes

[sumner4991]

A federal game warden can go any place he wants when he wants, more power than US Marshalls, the key word is FEDERAL.



Wes

The wardens that checked me were with the Virginia Department of Game and Inland Fisheries. Local boys . . .one was a nice guy, the other was a trouble maker turned law enforcement.

[Limbs and Sticks]

You got it Scott the good ol local boy thing, half the cops here hunt with one club or another so the game warden turns his head

Wes

[sumner4991]

Here is the typical wording . . .

" The Fish and Wildlife Conservation Commission, the executive director and the executive director's assistants designated by her or him, and each wildlife officer are constituted peace officers with the power to make arrests for violations of the laws of this state when committed in the presence of the officer or when committed on lands under the supervision and management of the commission. The general laws applicable to arrests by peace officers of this state shall also be applicable to said director, assistants, and wildlife officers. Such persons may enter upon any land or waters of the state for performance of their lawful duties and may take with them any necessary equipment, and such entry shall not constitute a trespass."

For performance of lawful duties is the shady part of this power. If they purposely abuse this power, then you have something you can take to court. I would think that repeated offenses would grab some attention. There had been several complaints on the wardens that came onto my land, according to the sheriff's department with no citations being made on part of the wardens. That's just harassment.

It would probably take a lynch mob to convict a Game Warden. I'd hate to have their job. Hunting season and you have to work 24/7.

[Big58cal]

The thing with most Game Wardens / Conservation Officers / Possum Cops is that since they can enforce federal migratory bird laws, they have some federal jurisdiction, which basically gives them more authority than the state police in the state.

In KY though, for a Conservation Officer to come on your private property, they need probable cause to believe that a crime is being committed. As for entering houses, barns, out-buildings, etc, unless it is completely open, they (along with any law enforcement agency) have to have a search warrant. If not, anything they find is inadmissable as evidence due to illegal search & seizure.

There have been some challenges to the "probable cause" of Conservation Officers to just enter private property to check licenses and such here in KY. To date, none have gone anywhere.

[wabi]

In Ohio they can go on private property -

“The Ohio Supreme Court confirmed that an officer can enter private land without proof a crime is being committed as long as the officer is engaged in normal enforcement of Ohio fish and game laws,” said Knox County Wildlife Officer Mike Miller. “This is all a result of a 2006 investigation. The case affirmed the Division of Wildlife’s interpretation of the revised code.

the whole story

[sumner4991]

In Ohio they can go on private property -

“The Ohio Supreme Court confirmed that an officer can enter private land without proof a crime is being committed as long as the officer is engaged in normal enforcement of Ohio fish and game laws,” said Knox County Wildlife Officer Mike Miller. “This is all a result of a 2006 investigation. The case affirmed the Division of Wildlife’s interpretation of the revised code.

the whole story

The shady wording here is "engaged". Just what does it take to become engaged? Without proof, I can understand, but, going on private property for any reason he wants . . .I can't see that.

[wabi]

In Ohio they can go on private property -

“The Ohio Supreme Court confirmed that an officer can enter private land without proof a crime is being committed as long as the officer is engaged in normal enforcement of Ohio fish and game laws,” said Knox County Wildlife Officer Mike Miller. “This is all a result of a 2006 investigation. The case affirmed the Division of Wildlife’s interpretation of the revised code.

the whole story

The shady wording here is "engaged". Just what does it take to become engaged? Without proof, I can understand, but, going on private property for any reason he wants . . .I can't see that.

The section of Ohio revised code reads:

1531.14 Right of entry on land for research or investigation.

Any person regularly employed by the division of wildlife for the purpose of conducting research and investigation of game or fish or their habitat conditions or engaged in restocking game or fish or in any type of work involved in or incident to game or fish restoration projects or in the enforcement of laws or division rules relating to game or fish, or in the enforcement of section 1531.29 or 3767.32 of the Revised Code, other laws prohibiting the dumping of refuse in or along streams, or watercraft laws, while in the normal, lawful, and peaceful pursuit of such investigation, work, or enforcement may enter upon, cross over, be upon, and remain upon privately owned lands for such purposes and shall not be subject to arrest for trespass while so engaged or for such cause thereafter.

Any such person, upon demand, shall identify himself to the owner, tenant, or manager of such privately owned lands by means of a badge or card bearing his name and certifying his employment by the division.

Effective Date: 10-20-1994

It basically gives them the right to anywhere they please as long as they can state they are investigating a possible violation - even dumping refuse that could pollute a stream!

[crazyfarmer]

In most states, if not all, Game Wardens have the same authority as any Law Enforcement officer. Where the law is concerned, there is no such thing as "Private Property".

as a Deputy, they have more power than me.. All they need is resonable doubt that something is going on. They do follow certain procedures though. But they could be in your woods or backyard without any permission..

If they got permission for everywhere, how would they catch the poachers and lawbreakers. I dont think its gonna work if they call and say hey, we will be in your woods today. So dont break any laws

btw, wildlife crimes are far worse than most of the criminal cases we try in court. You get punished more for game fines than you would if you broke into someones house, robbed it, and then set fire to the place

but they are doing a job.. if someone isnt doing anything wrong than everything should be fine. Now if someone gets shot because you didnt know they were there, well its nothing you can do about that. Ill give them props, they are brave for walking through the woods without blaze orange on during gun season. I personally dont want that job!

[TripleM]

Here in Texas, a game warden can and WILL come on any property legally at any time,day or night. Private land or not.
The land in Texas is about 90% privately owned.
The game laws here state that the warden has the right to search "any receptacle necessary during his investigation".
Key word is "receptacle". Ice chests,trunk, glove box, fridge, freezer,under the seats of vehicle, etc....Pretty much anywhere he wants to. Without a warrant. Suspicion can be his only cause.
In the last 5 yrs or so they can even issue traffic tickets.
Here they have just as much and maybe even quite a bit more authority than a State Trooper, Sheriff or City/County police officer.
I will say that the ones I've dealt with over all my years of hunting and fishing here are just doing their job and if you're legal, no problems.
If you're not legal though, God have mercy on your soul.....

[raydaughety]

A NC Game Warden killed a 76 year old turkey hunter on his own land this past spring:


WILKES COUNTY, N.C. -- A 12-year veteran wildlife officer was acting in self-defense when he shot and killed a hunter Saturday morning in Wilkes County, according to a statement from the N.C. Wildlife Resources Commission.

Officials said officer Mark Minton was patrolling an area off Cain Creek Road at about 7:30 a.m. when he came into contact with 76-year-old Clyde Coffey, of Lenoir.

Capt. Rusty Hunter with the North Carolina Wildlife Commission said an armed confrontation between the two prompted Minton to shot Coffey one time, killing him.

"There is no evidence to suggest the officer confused the hunter with an animal," Hunter said. "It appears, from all information gathered, the officer was protecting himself. And I don't know any further details than that."

Hunter said Minton was patrolling the area, checking for bait traps, bag limits and hunting licenses. Saturday was the first day of spring turkey season in North Carolina.

The shooting happened in a wooded area on the property, which is owned by Coffey's family. Authorities said Minton had called for backup. According to North Carolina law, wildlife officers are allowed on private property for wildlife-related investigations.

The NCWRD statement said its investigation of the incident had been turned over to the State Bureau of Investigation.

Coffey's family members said Sunday they doubt Minton's claim that he was provoked. "He was taken from us and he was shot on his own land minding his own business. Who shoots a 76-year-old on his own land?" Coffey's daughter told WXII12 news.

"He was a family man who loved his family," she added. "They were the center of his world. This was totally senseless. He was the best father, and grandfather and great-grandfather."

Family members said Coffey had gone out hunting with his son and grandsons, but it wasn't known if any of the family members had witnessed the incident.

Minton is on paid administrative leave pending the results of the investigation.

This is the first wildlife officer-involved shooting in almost 25 years

Very sad for all involved .

[agingcrossbower]

In wisconsin the DNR has more authority than the police. They can go on your land or in your house to check for Illegal activity. Police sometimes ask the DNR to check a persons place first and if something is afoul the police have the right to go in. The DNR has gotten way out of control in Wisconsin.

[dick195252]

It would be a COLD day in Hell, That they will enter my house WITHOUT a search warrant.

[hawg hunter]

Here in Texas game wardens are damn near god. They come and go where and when they please. They have combinations for most of the gates and keys for the locks. My area game warden comes to the house when he wants he knows where the keys are and comesby to use the john. He leaves his card on the spam table to let me know he was there.

[Undertaker]

"State Officer" is what they call them down here. I suspect that is so the state can use them as cheap labor, as they refuse to pay the men a decent wage. I see them directing traffic sometimes. Sad. Back before then, the regular cops would call them out to the side of the road to have a look see in people's cars. They would dig around looking for squirrels and come out with cocaine. Amazing.

They publish a run down of their activities every month. It reads like a report a state trooper would write. DUI, DUI, Drugs, speeding, DUI, drugs, DUI, stolen car, wanted on warrants, etc. Then there are a few cases of wildlife violations mixed in. I resent it all very much, as they are supposed to be protecting our wildlife, not crusing the roads looking to write traffic citations. But it seems most of what they do any more is just that.

The salary thing is just pathetic. I have come to know several of these wardens, and they could probably get qualified for food stamps. I wrote a letter to the governor complaining, and explaining how important their jobs are, and of course, they still get paid less than every other law enforcement officer in the state. Even though they will go on a creep back in the bushes and lay for hours waiting to nab someone. Very courageous.

I'd have to say, if a warden wanted to enter your car, house, business, barn, whatever, you could probably complain. Doubt it would do much though. What good would it do for a warden to walk up, suspecting that you have manatee steaks in your freezer, and you get to simply say- "No" ?