Duty to show I.D. ?

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  • amboy49

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    I was reflecting on last year’s deer season today. A memory that came to mind was the evening I was walking out from an unproductive evening sit on stand. As I was getting close to my truck a conservation officer appeared. He approached me and casually asked if I had been hunting. I guess it was his way of starting the conversation since I was dressed in camo, had my day pack on my back, and had my bow in my hand.

    I replied that yes, I had been hunting. At this point he asked to see my drivers license and my hunting license. I provided both, he quickly viewed them, and handed them back. He asked a couple of more questions and then simply turned and left. No “have a nice day” no nuth’in.

    I began to wonder about the requirement that I furnish I.D. and proof of license. Is it part of the Indiana hunting regs that I show I.D. and license if I’m in the field ? If I’m walking down the street and a police office stops me, unless I am suspected of a crime, it’s my understanding I do not have to show my identification. Are there different rules re: what a c.o. can require you to provide ?
     

    phylodog

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    It is different than simply walking down the street. Same as operating a motor vehicle, a license is required to do it legally therefore you are required to produce said license if stopped. I believe that you are required to possess a government issued photo identification along with your issued hunting and/or fishing license while participating in those activities.

    Might be wrong, too lazy to look it up at the moment. :)
     

    amboy49

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    But isn’t the officer required to state why you are being stopped ? I.e. Like having committed some type of moving traffic violation such as speeding, illegal left turn, no license plate, etc ? Or can law enforcement simply pull you over and ask for i.d. ?

    I realize conservation officers have the greatest powers of law enforcement in the state ( or so I’ve been told ) but it would still seem that 4th amendment rights should still apply (?)
     

    phylodog

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    You are correct at least when it comes to operating a vehicle, an officer must have a valid reason for stopping you. The same argument has been in the courts in recent years as it pertains to carrying a handgun. The way IN law is written (same as with driving) it is illegal to carry a handgun unless you have a license. The same is also true for hunting/fishing in most instances but I'm not sure where the case law stands as far as what criteria a CO must meet to stop and request ID.
     

    KellyinAvon

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    You are correct at least when it comes to operating a vehicle, an officer must have a valid reason for stopping you. The same argument has been in the courts in recent years as it pertains to carrying a handgun. The way IN law is written (same as with driving) it is illegal to carry a handgun unless you have a license. The same is also true for hunting/fishing in most instances but I'm not sure where the case law stands as far as what criteria a CO must meet to stop and request ID.

    There seems to have been a lot of urban (in this case rural) legend around CO legal powers in this State, particularly dealing with warrantless searches and the like. Probably based on what Uncle BS said in 1981.
     

    patience0830

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    Not far from the tree
    The few interactions I have had with CO's have been polite and professional.
    I am a conversive person but those guys are pretty dry.

    Depends on the guy. I think they are trained to spend more time listening. Gives one more opportunity to spew out stupidity.
    Couple of Sheriffs ago in Brown County was an ex C/O and it was funny to watch him around a guy who was nervous. He'd just stand there real pleasant like and listen. Pretty soon the other guy had rambled himself right into handcuffs.
     

    NHT3

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    I wonder what would have happened if you answered "I"m not hunting, just walking in the woods. I"m carrying a bow to defend against rogue coyotes"

    [FONT=&amp]NRA Life Member / [/FONT]Basic Pistol instructor[FONT=&amp] / RSO[/FONT][FONT=&quot]

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    ditcherman

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    In the country, hopefully.
    I wonder what would have happened if you answered "I"m not hunting, just walking in the woods. I"m carrying a bow to defend against rogue coyotes"

    [FONT=&amp]NRA Life Member / [/FONT]Basic Pistol instructor[FONT=&amp] / RSO[/FONT][FONT=&amp]

    [/FONT][FONT=&amp]"Under pressure, you don't rise to the occasion, you sink to the level of your training. That's why we train so hard" [/FONT][FONT=&amp]
    [/FONT][FONT=&amp]Unnamed Navy Seal[/FONT][FONT=&amp]

    [/FONT][FONT=&amp]“Ego is the reason many men do not shoot competition. They don't want to suck in public” [/FONT][FONT=&amp]
    [/FONT]
    [FONT=&amp]
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    Cuffed and stuffed for sure. CO gonna own a new (to him) bow.
     

    amboy49

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    I wonder what would have happened if you answered "I"m not hunting, just walking in the woods. I"m carrying a bow to defend against rogue coyotes"

    [FONT=&amp]NRA Life Member / [/FONT]Basic Pistol instructor[FONT=&amp] / RSO[/FONT][FONT=&amp]

    [/FONT][FONT=&amp]"Under pressure, you don't rise to the occasion, you sink to the level of your training. That's why we train so hard" [/FONT][FONT=&amp]
    [/FONT][FONT=&amp]Unnamed Navy Seal[/FONT][FONT=&amp]

    [/FONT][FONT=&amp]“Ego is the reason many men do not shoot competition. They don't want to suck in public” [/FONT][FONT=&amp]
    [/FONT]
    [FONT=&amp]
    [/FONT][FONT=&amp]Aron Bright[/FONT]


    With the legal use of rifle caliber ammunition now in place I have wondered if you were confronted by a CO while in a tree stand during deer season and you didn’t have a valid deer license. Would your response that you are coyote hunting keep you from being cited ?
     

    Hatin Since 87

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    With the legal use of rifle caliber ammunition now in place I have wondered if you were confronted by a CO while in a tree stand during deer season and you didn’t have a valid deer license. Would your response that you are coyote hunting keep you from being cited ?

    I would think as long as you have a general hunting license without evidence proving you aren’t coyote hunting they would have no other choice but to believe you.
     

    Timjoebillybob

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    I began to wonder about the requirement that I furnish I.D. and proof of license. Is it part of the Indiana hunting regs that I show I.D. and license if I’m in the field ? If I’m walking down the street and a police office stops me, unless I am suspected of a crime, it’s my understanding I do not have to show my identification. Are there different rules re: what a c.o. can require you to provide ?

    Per IC you are required to possess a hunting/fishing license when engaged in those pursuits and present it upon request. You are required to provide ID if there is reasonable suspicion that you have/are committing an infraction or ordinance violation, you are not required to provide ID if suspected of a crime. Providing ID can be done by giving them an ID/DL or verbally providing name/address/DOB.

    IC 14-22-11-14 Possession; display to enforcement officers; alteration
    Sec. 14. (a) A person who has procured a license or permit required under this article must have the license or permit on the person when engaged in the pursuit for which the license or permit was issued. Upon request of an officer authorized to enforce this article or the fish and wildlife laws of Indiana, the person must produce and exhibit the license or permit. If the person does not produce and exhibit the license or permit, the person may not engage in the pursuit authorized by the license or permit.


    (b) A person or an authorized licensing agent may not falsify, predate, change, alter, or counterfeit a license or permit issued under this article.




    It is different than simply walking down the street. Same as operating a motor vehicle, a license is required to do it legally therefore you are required to produce said license if stopped. I believe that you are required to possess a government issued photo identification along with your issued hunting and/or fishing license while participating in those activities.

    Might be wrong, too lazy to look it up at the moment. :)

    I can't find anything requiring a photo ID while hunting/fishing in the IC or IAC. But I could have missed it.
     

    NHT3

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    It was my understanding that a hunting license was not necessary for coyotes, groundhogs or similar varmits? Please educate me if I'm wrong.

    [FONT=&amp]NRA Life Member / [/FONT]Basic Pistol instructor[FONT=&amp] / RSO[/FONT][FONT=&quot]

    [/FONT][FONT=&amp]"Under pressure, you don't rise to the occasion, you sink to the level of your training. That's why we train so hard" [/FONT][FONT=&quot]
    [/FONT][FONT=&amp]Unnamed Navy Seal[/FONT][FONT=&quot]

    [/FONT][FONT=&quot]“Ego is the reason many men do not shoot competition. They don't want to suck in public” [/FONT][FONT=&quot]
    [/FONT]
    [FONT=&quot]
    [/FONT][FONT=&amp]Aron Bright[/FONT]
     

    Hatin Since 87

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    It was my understanding that a hunting license was not necessary for coyotes, groundhogs or similar varmits? Please educate me if I'm wrong.

    [FONT=&amp]NRA Life Member / [/FONT]Basic Pistol instructor[FONT=&amp] / RSO[/FONT][FONT=&amp]

    [/FONT][FONT=&amp]"Under pressure, you don't rise to the occasion, you sink to the level of your training. That's why we train so hard" [/FONT][FONT=&amp]
    [/FONT][FONT=&amp]Unnamed Navy Seal[/FONT][FONT=&amp]

    [/FONT][FONT=&amp]“Ego is the reason many men do not shoot competition. They don't want to suck in public” [/FONT][FONT=&amp]
    [/FONT]
    [FONT=&amp]
    [/FONT][FONT=&amp]Aron Bright[/FONT]

    I haven’t been coyote hunting in years so someone might need to correct me, but on privately owned land you don’t need a license. On public land a basic hunting license (squirrel, rabbit, etc) is needed and there is a specific season for coyote on public land, again this may have changed recently with the rise in population but few years ago that’s how it was
     

    Mgderf

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    I haven’t been coyote hunting in years so someone might need to correct me, but on privately owned land you don’t need a license. On public land a basic hunting license (squirrel, rabbit, etc) is needed and there is a specific season for coyote on public land, again this may have changed recently with the rise in population but few years ago that’s how it was

    You're almost right.
    You do not need a license to hunt coyote on private land, ONLY IF YOU OWN/LEASE THAT PROPERTY.
    If the property is owned by someone other than the hunter, the hunter MUST have a valid hunting license, AND written permission from the landowner if hunting outside of the seasons outlined by the DNR.

    Now, for arguments sake,
    I have 50 acres that I own.
    I do NOT need a license to hunt either deer or coyote, so there would be nothing to present to a conservation officer except something like my drivers license.
    In years past I have purchased both a regular hunting license, as well as a deer hunting bundle, because I have permission to hunt property that does not belong to me.

    When I hunted my property last year, without a valid deer license needed, I also carried a copy of the property deed listing me as an owner.
    I figured the deed and my drivers license should suffice to answer questions about my being legal.
     

    Hatin Since 87

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    Thanks, I knew deer required a license for private property if you aren’t the owner, but didn’t know the same applies to coyote.

    Question I’ve always wondered, are DNR allowed to walk on your property and check that kind of stuff without a warrant?
     

    gregkl

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    When I was growing up in Michigan we had wear the license in plain sight on our back. Hence the name for the license was called a "back tag". I thought it was a great idea. DNR only had to see the back tag. Rarely did we ever get stopped to be inspected more closely.

    I worked for the DNR when I lived in VA. Great guys for the most part. I see no reason to start exercising "rights" when they come around. I'm not doing anything wrong, I'm carrying a gun, they're carrying a gun. I see no need to create any tension.

    But then again, I do tend to be somewhat compliant when the law is on my side.:)
     

    sugarcreekbrass

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    I know the officers in District 3 will patrol heavily on opening weekend of firearms season and also spring turkey. Even guys not normally patrolling will get out to help check for violations. I was stopped one spring when I got back to my truck. The officer normally did not patrol and did not know me. He just looked at my license, chatted for a minute, then left. I work with the guys who normally patrol my area as a hunter education instructor. They have told me that they are just looking for people to be licensed and not to take more than they are allowed.
     

    amboy49

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    I’ve always wondered why the CO’s are granted this much power. No search warrant required - even when going on privately owned land. Is it because we are hunting the King’s deer ? That is, the State of Indiana’s deer ?

    I once had a discussion with a CO about what was required to satisfy the written permission requirement re: hunting on someone else’s land. I asked if I had a written and signed statement from the landowner if the signature need to be notarized ? What proof did I need that the person signing the permission slip was the actual owner of the mane ? The reply I got was that a notary of the signature wasn’t a requirement but would be better. Re: proof of who actually owned the land, the CO stated he could push it as far as he chose to - up to and including requiring a copy of a recorded deed from the county recorder’s office. Seemed a little over the top to me.
     
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