Home Forums Hunting & Shooting Hunter's Campfire Ohio lawsuit fish cop authority to search

And Sgt, Lt, Cpt....

I don't get the game warden warrantless searches. It doesn't take a whole hell of a lot to get a warrant...well at minimum probable cause (guess that is difficult for some)

In my state, hunting and fishing are privileges, not rights. In order to partake in the privilege, you have to submit to checks of ID/license/gear without cause. Warrantless search of your vehicle while in the act of hunting or fishing will happen if the officer is able to articulate a nexus between what they have observed and your vehicle. An example is failing to fill out a catch card. If you catch salmon/steelhead/halibut, you have to record it on a card, like tagging a deer. If you have a fish, and are checked by a warden and found to have not recorded your catch, they’ll search everything because people who hide their excess catch will only fill out the card on the last fish they intend to keep.

But, in the case of the OP, it makes little sense to me. If the processing of game and taxidermy are unlicensed or unregulated, they shouldn’t be subject to search. At least under my state’s rules.

Hunting and fishing are not rights but being secure in your personal papers etc is a right! Fish cops.can raid your freezer with no PC or look in your trunk because you have a orange hat on while driving. What's next, mud on your quarter panel.so.you must have been hunting?


Cops.can't pull you over to check DL they should not be allowed to demand a hunting license because you are hunting. Fish cops.should have to.be able to.articulate the fact that you have committed or are about to commit a violation to be able.to.demand ID and licenses.

Here's a little sample of what was going on in WDFW....

https://podcast.dusupply.com/episodes/ep-70-911-whats-your-emergency

One does not give up their rights when driving, you must still give consent to check your vehicle. Homeless folks have to give permission for searches of their grip.

My understanding, limited as it may be, is that the searches were first allowed because of the probability in the "olden days" that a person in the woods during deer season was probably hunting. Same with being down by the river during a fish run. And, due to the remoteness, it would have been near impossible to get a warrant in a reasonable amount of time. The "probable cause" was that folks were in the woods and no one else was there except hunters. And, in the interest of the "People" it was best to do the search then, before the suspects absconded, hid the evidence, etc.

It has become what it's become over the years, the example given above about someone wearing an orange hat would be more than enough to stop and search their vehicle for fish and game violations.

Wyoming Game and Fish can search anything you own. They can stop you, if they have reason to suspect you are in violation, of any game law. More jurisdiction then Leo agencys.

I have to say in my part of Kentucky, it isn't the case,....yet. I know we need cops....just look at the big cities where they have been ordered to lay down.....But when they knowingly step on rights, they are no longer worthy of my respect. I was in that business a while back, and I can tell you that nobody hates a crooked cop more than the good cops.

It’s actually codified in WA law. The RCW states you must identify/show license/allow the inspection of gear. If a fish cop tries hard enough, they’ll find a rinky-dink nexus into a search.

It gets hard with the unions sometimes, so that FTO period is crucial.

Breathing in and out can serve as a "nexus" for them.

I wasn't a real fan of them folks when I lived in WA.

14 years ago caught a MDNR Officer hunting on my land just before dark....dressed in all camo with a blaze orange hat only and carrying a 30-06 said he heard several shots and was investigating what was going on .....only shot that was fired with in miles was me shooting a buck that morning.....he asked if he could have permission to deer hunt because of all the good sign he saw.....told him to get off my land and he better stop at the house and ask permission before entering it again told him I would not be responsible if there was a accidental shooting because of a unknown person trespassing and the lack of hunter orange being worn I like to just target practice.....
Little did he know I had cameras that took pictures of everything he did.....first he was not working that day and had parked in a PO lot posted No Trespassing on a Sunday 1 mile from my property line.....little did he know I was also very good friends of his Sargent.....

DNR and their agencies are probably the most powerful law enforcement in existence. they are hard to fight in court, and have jurisdiction almost everywhere. In my state we had a terrible evil disgusting warden who was eventually fired but found a new gig in a neighboring state where he can now harass more people. This guy came rolling up on my ice fishing tent and put his ski right thru the door. totally un-neccesary and began to question everything trying to find a reason to write a ticket. We did nothing wrong but did write a ticket for one of the guys for not having his license printed on paper. He had it on an app, also had a picture of his valid license on his phone. But not good enough for this idiot. Its these type of wardens that give all wardens a bad name. I have met several wardens that were just doing their job, acted polite and moved on.. I have no issue with that. But the ones that play God ruin it and drive people away from enjoying the outdoors.

It is also my understanding that when you buy a fishing license or hunting license you are agreeing to be searched without a warrant. Its part of the licensing details giving the DNR all the rights they need to do whatever they want.

I made the HUGE! mistake of renting a house to a game warden.

Back in the day here in MN is was legal for Game Wardens to enter a fish house unannounced and without a warrant. In fact it was a violation to lock or latch the door from the inside to prevent him from doing so.

Not any more. Several years ago a Warden entered a fish house unannounced, what he found was a couple guys cooking Meth. They were arrested snd charged.

The case went all the way to the MN Supreme Court, in the end the court ruled that entering a fish house without PC or a warrant was a violation of the 4th.

Today’s MN wardens must knock, identify themselves and ask permission to enter.

Some push it by knocking and announcing at the same moment they open the door.

These are just lazy wardens that want to do as little as possible and stay as close to the truck as possible.

Hang out at boat ramps, check station where honest hunters congregate looking for a small ‘gotcha’ opportunity or technicality.


I have even gone through the work of using gps and ArcGis software to map illegal cornpile and bait sites to map the locations for investigations. Even compressing the maps into easy to read PDF format. Warden tells me “ well ...just lemme know if sounds like WW-III in there opening day of centerfire”


On the other hand, the wardens DO need to keep surprise tabs on some scumbilly shops and processors.

Our taxiderms here operate by permit. You bet your ass they will show up to back check kill tags on skull plates. Nothing wrong with that. Game are state resources and shîtburgers killing illegal bucks were busted here. Taxiderms in cahoots with good ole boy poachers mounting exceptional deer taken illegally off of federal unexploded ordnance ranges.
Can’t call ahead on a bust like that, it wouldn’t a bust.

Most of it means very little now, with online check in, kill tags can be generated out of thin air, just a confirmation number over the web on your smart phone app.