Open Fields Doctrine -- Ever Heard Of It?

[johntheplinker]

The entire concept of government agents accessing my land without my permission or knowledge for the purpose of observing and recording my activities is unbelievable to me. Unless, I suppose, they had suspicion I was engaging in illegal activities. It doesn't strike me to be categorically any different from a wiretap (which you have to obtain a court order to perform, right?). If the placing of trailcams on my land is done without cause, then I think it is trespassing. Period.

It seems the two circumstances depicted in the article have one thing in common - both were previously found to be engaging in illegal activities, which I have a very strong opinion about. If you are known to have willfully broken the law in the past, you are defacto predisposed to break it again, so you reap what you sow. But on the flip side I have to ask "Don't these 'fish police' have better things to do than snoop on bird baiters?" I don't hunt birds so I don't know if this is sinister enough to merit this amount of taxpayer money spent to catch the perps if they do it again. Is it worse than exceeding the speed limit?

Most states that I know about the fish cops have a lot of powers that regular cops don't have. Reasoning I've seen is that wild game and fish are more or less state property, and since the FCs are responsible for enforcing the laws regarding those resources, they can go just about anywhere there are wild animals and fish. One reason the FCs are used a lot raiding pot grows, they can justify being there by checking wildlife, and just sort of "find" the weed.
A big thing too with the two cases in the story is both involved dove hunting. Since doves are a migratory species that also brings in Federal regulations as well as state level. Much larger fines, so more $ for everybody involved. The agency involved probably figured this would be an easy bust and being a second go round, even larger fines and possibly resulting in a felony with property seizure.
Plus the FCs got to use the cool new toys they might have bought with the money from the original bust. Be interesting to know if these 2 properties were the only ones with cameras in that area, or if there were more.

 

[BiscuitsandGravy]

It appears .gov is leveraging the fact that 1984 was the last time this was addressed. Now take into consideration what they mentioned about how technology has greatly advanced since 1984 and voila, strap a trail cam to a tree with cell service and you now have a quick and easy semi live surveillance system. Perfect.

 

[Huzrjim]

I like the shotgun blast idea...it is squirrel season, right?

 

[Clay Pigeon]

I wonder how a trail cam holds up to a shotgun blast?

I have never found any dead ones on my place butt, I have a few I have never found.

 

[Clay Pigeon]

Most states that I know about the fish cops have a lot of powers that regular cops don't have. Reasoning I've seen is that wild game and fish are more or less state property, and since the FCs are responsible for enforcing the laws regarding those resources, they can go just about anywhere there are wild animals and fish. One reason the FCs are used a lot raiding pot grows, they can justify being there by checking wildlife, and just sort of "find" the weed.
A big thing too with the two cases in the story is both involved dove hunting. Since doves are a migratory species that also brings in Federal regulations as well as state level. Much larger fines, so more $ for everybody involved. The agency involved probably figured this would be an easy bust and being a second go round, even larger fines and possibly resulting in a felony with property seizure.
Plus the FCs got to use the cool new toys they might have bought with the money from the original bust. Be interesting to know if these 2 properties were the only ones with cameras in that area, or if there were more.

What extra powers do the DNR police have?

 

[KellyinAvon]

What extra powers do the DNR police have?

According to rural legend they can ignore the 4th Amendment. I mean walk in your house without a warrant or even knocking and look in your freezer.

A similar rural legend exists involving dragging the home invader back in the house after shooting them.

I know this is complete crap, but those legends did exist.

 

[dudley0]

I have a cellular trail cam. I keep it on my property to alert me when someone is somewhere I don't want them to be. Works pretty well for that purpose.

If the guy took the camera down and found no markings indicating it belonged to DNR I don't see how he can be charged with stealing it. It was on his property. It was not marked for ownership. It could have been my camera. Maybe I put it there to see when certain animals were around so I could illegally hunt on his property. How would he know that wasn't the case?

That reminds me that I need to put some markings inside mine, in case someone steals it and tries to pawn it or some such. Of course I would get notice as soon as it was turned back on and acquired a cell tower, but maybe at least they could contact me to see.

 

[Mattroth54]

I’m thinking something like this showing up on my property might be likely to catch an errant round from a missed squirrel.

 

[Leadeye]

I mark my cameras, but it doesn't seem to stop them from getting stolen. I've taken to setting them higher, but the thieves will probably just show up on horseback as they have in the past.

 

[dudley0]

I mark my cameras, but it doesn't seem to stop them from getting stolen. I've taken to setting them higher, but the thieves will probably just show up on horseback as they have in the past.

Maybe invest in a couple cell versions, if you are close enough to a tower. At least then you might get a pic of them for the police, or future reference.

 

[KokomoDave]

I'd take them down and call the county sheriff on DNR.
Buwahahaha!!!

 

[MinuteManMike]

I'd shoot them from the side, follow up with a sledgehammer and leave the mess at the base of the tree.

The idea that they can do this BS without a warrant is sickening. Any locals engaging or cooperating in this evil need thrown out of office and/or fired.

 

[indyjohn]

I really need to put out trailcams. My neighbor to the south has 7 times as many acres that I have and he has about a dozen cameras out. However, he and his brothers are avid hunters and I am not. In the 4 years I've owned the property, there has been no evidence to encourage me to put cameras out (I say that as I rap my fist on my wood desk) but really there are only 3 locations I would want to monitor. Just another thing I'd like to have but priorities dictate otherwise.

 

[TheQuietMan]

I don't have enough property to have any agency putting up cameras on, but this is still disturbing.

I'm betting they aren't putting this much effort into putting up cameras on compounds of any anti-American groups...