Wondering?? Want all Input!

dick195252 · Post by **dick195252** » Tue Sep 15, 2009 11:52 am

Is it legal for a Game Warden to just come on your Private Property. {Do not take this WRONG nothing Illegal going on.} Just want to know what you all think on this subject.

sumner4991 · Post by **sumner4991** » Tue Sep 15, 2009 12:00 pm

Depends on the state. However, they think they can regardless. In a lot of states, it is not OK and they are tresspassing.

I had two wardens check me on my property last year in Virginia. I was later told that they were indeed tresspassing by the local Sheriff's department. They had some time to kill and decided to go on a witch hunt. No witches on my place.

curmudgeon · Post by **curmudgeon** » Tue Sep 15, 2009 12:05 pm

Yep it's legal in Tennessee. Had it happen to a guy I know a couple of years ago who happened to be in one of his several shooting houses on his property on opening gun day with a friend of his.
They had on no orange on and the friend had on no license to hunt deer. The Game Warden came riding up on the backside of the property on a 4 wheeler and wrote them several citations and took their high powered rifle's with him. They were breaking the law and got caught. It don't matter if it is private property. It turned out very expensive for the property owner and the priviledge of hunting was taken away for that year.

Boo · Post by **Boo** » Tue Sep 15, 2009 12:12 pm

It is legal here under "hot pursuit" rules here in Ontario.

bojangles · Post by **bojangles** » Tue Sep 15, 2009 12:14 pm

here in Ohio I think they can because a woods I was hunting at is about 450 yard walk back to it and I just had gotten settled in my blind and here comes the game warden...walking...I cant belevie he walked all the way back to me..asked to see my liscenes/permit and he said okay have fun

I think he was a little let down he didnt get to write me a citation after walking 450 yards for nothing

deerhunter430 · Post by **deerhunter430** » Tue Sep 15, 2009 12:16 pm

it is legal in pennsylvania..

B-Logger · Post by **B-Logger** » Tue Sep 15, 2009 12:27 pm

In most states it is legal. All they have to do is say they though some wrong doing might be happening and they have full run of your place.

Along this same line, I heard of one fellow here in MI that got a ticket and it was a strange way he got it. He had shot a deer and his woods was about 1/2 mile from the house. So he walked up to get the atv and took that back to get the deer.

The game warden saw him heading to the woods with the atv and took after him in hot pursuit. Fortunately all was well with the deer as the guy had tagged it and then loaded it onto the atv. However, that officer gave him a ticket for using the atv and he did not have a helmet on.

The guy argued that it was his farm and he had every right to use the atv as he saw fit. However, the officer stated that with hauling the deer on the atv it had nothing to do with the farm as it was recreational riding! It stuck and the guy had to pay a fine.

sumner4991 · Post by **sumner4991** » Tue Sep 15, 2009 12:28 pm

Boo wrote:It is legal here under "hot pursuit" rules here in Ontario.

It's the same thing in the states . . .sure, with just cause, they can enter. However, just to take a look see isn't good enough. The problem is defining "just cause". Seeing some guys hunting without blaze orange would be just cause. In my case, seeing a guy sitting in his car on his land, is not. If I had a gun pointed out the window(illegal in Virginia to hunt from a car, even 50 miles off the road), then they would have had cause.

They have the same authority as the local sheriff and you don't see them coming into your house or onto your property without a warrant.

There were a couple of wardens that got caught in Mississippi sneaking into the back side of a hunting club . . .they ended up getting charged with trespass and "intent to hunt", I never did hear how that ended up.

Anyway, they don't have free range. However, it would be hard to prove the warden didn't have just cause, especially if he caught you doing something illegal. LOL.

Sopchoppy · Post by **Sopchoppy** » Tue Sep 15, 2009 12:29 pm

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".

lscha · Post by **lscha** » Tue Sep 15, 2009 12:42 pm

In Michigan DNR has more rights than LEO. They can come on to your property any time and say they had suspicions. With the new 'no baiting' law they will have even more leeway.

gogo · Post by **gogo** » Tue Sep 15, 2009 1:07 pm

same thing in ontario the game wardens have more rights then the police. they can search anywhere anytime.

dick195252 · Post by **dick195252** » Tue Sep 15, 2009 1:19 pm

Food for Thought?? Why not call the Sheriff when they come on your property and report Tresspassing and see how it goes. The Sheriff will have to file a report no matter what. I wonder if this has ever been challenged in a Court of Law? Got you all thinking

Michihunter · Post by **Michihunter** » Tue Sep 15, 2009 1:22 pm

lscha wrote:In Michigan DNR has more rights than LEO. They can come on to your property any time and say they had suspicions. With the new 'no baiting' law they will have even more leeway.

Exactly, I had four buddies hunting their private land upnorth last year here in Michigan all get busted for illegal baiting. DNR walked right in to each of their blinds on opening day. Funny part and I don't let any of them rest on this one. They are all Federal Agents..... Cost them $250.00 each. Saw them all at a wedding few months ago and I took a carrot and placed it at each of their seats before they arrived just as a reminder...

huntone · Post by **huntone** » Tue Sep 15, 2009 1:35 pm

Yes...... Dick as curmudgeon says, a game warden has the right
anytime in Tennessee.

I had one approach me while I was hunting one day on my farm.
We talked a while and he just said for me to kill some does and
that he didn't want to tell me this but, " as the landowner you don't have
to wear orange while you hunt " I said " think I'll wear it just the same"

sumner4991 · Post by **sumner4991** » Tue Sep 15, 2009 1:48 pm

dick195252 wrote:Food for Thought?? Why not call the Sheriff when they come on your property and report Tresspassing and see how it goes. The Sheriff will have to file a report no matter what. I wonder if this has ever been challenged in a Court of Law? Got you all thinking

I have a cousin that works at the sheriff's office and that's exactly what he said to do. If you press charges, then it's up to the wardens to prove their case. No skin off your backside either way and it sends a message to the wardens. Of course, you need a sheriff's office willing to make the arrest. In my case, my cousin said he would do it. The deputies are avid hunters and there seems to be a little bit of a fued between the local sheriff's department and the wardens.

You might want to see what the sheriff says about it first. In all likelihood, it's a losing battle.

I fought the law and the law won.