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Key:
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Mod
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Joined: Aug 2001
Posts: 81,985 Likes: 515
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 81,985 Likes: 515 |
Wait until a law gets made that you cant shoot a gun within X number of miles of a solar farm or data center.
"Never Trust Government" -- Smart people. "The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me "You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Dec 2006
Posts: 18,286 Likes: 68
Old Mossy Horns
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Old Mossy Horns
Joined: Dec 2006
Posts: 18,286 Likes: 68 |
Somebody’s smacking their gums right now to respond! Lol
Nathan Carl Goff 19 Sept 2016 - 14 Jan 2017.
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Joined: Feb 2016
Posts: 10,979 Likes: 190
Fancy
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Fancy
Joined: Feb 2016
Posts: 10,979 Likes: 190 |
Gonna be funny when guys go to complaining their turkeys got poached. Turkeys and waterfowl gonna be baited good if and when thsi happens
Who you gonna call Not going to call a soul, cause they can’t go in without a warrant and speculation isn’t enough to get one. So you’ll just accept your neighbors are baiting game hogs and nothing can be done about it.
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Joined: Sep 2012
Posts: 24,132 Likes: 303
Freak of Nature
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Freak of Nature
Joined: Sep 2012
Posts: 24,132 Likes: 303 |
Wait until a law gets made that you cant shoot a gun within X number of miles of a solar farm or data center. I can sit in a shooting house on one property I hunt and see the Facebook data center. The Toyota engine plant is across the road and they have a solar farm on the other side of the plant.
Dying ain't much of a living boy...Josey Wales
Molon Labe
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Joined: Jan 2018
Posts: 5,377 Likes: 49
12 point
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12 point
Joined: Jan 2018
Posts: 5,377 Likes: 49 |
To Jawbone and others -
I respect LE, and do not envy the job they are asked to do.
Overview of Terry v. Ohio Terry v. Ohio is a significant U.S. Supreme Court case decided in 1968. It established the legal framework for "stop and frisk" procedures used by police officers. The ruling allows officers to stop and search individuals based on reasonable suspicion of criminal activity, provided they believe the person may be armed.
Regarding this as it relates to hunting - As every hunter is "armed", Terry v. Ohio basically says every hunter can be searched.
This is exactly the problem. A landowner hunting his/her own place, or leased property, should not have to worry about a GW walking up to their stand. Hasn't happened often, but I have had more than one walk into the woods where I am hunting to check my license. Had one climb the ladder to the box blind and knock on the door in Texas.
Thanks, asshole. I paid $5000 for 5 days of hunting, and you personally fucked up my evening hunt and effectively wasted $500 of MY money. For no fucking reason. The landowner had a copy of my TX license, a copy of my DL, and you drove PAST my truck to be a DICK.
I am absolutely fine with checking my animal, my weapon, my ammo, my license, my trespass permit, my deer tag, ad nauseum, but PLEASE wait until I am done for the day. And if I find a camera on MY property that ain't mine, it will be in my garage, turned off.
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2 members like this:
CD, Wiley Coyote |
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Joined: Jun 2011
Posts: 2,611 Likes: 24
10 point
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10 point
Joined: Jun 2011
Posts: 2,611 Likes: 24 |
While it may sound confusing to those that haven't studied or lived it, the standards are pretty well set in stone. What the PA case will do is now involve a GW having to have a Search Warrant every time they want to check out a Dove Shoot. That is really just not practical. The judges that get called away from their Penn State football game to approve the warrant aren't going to be happy either after a while. So the solution is to allow Fourth Amendement violations because it's easier and more simple for the GW and the judges will be unhappy? It's simple, or should be. Be like other law enforcement and get a warrant. Or stay off private property, especially if anyone is hanging cameras for surveillance (like in Tennessee). Did you read what I wrote? The answer is to hold to the standard that is outlined in Terry v. Ohio. How can a GW get Probable Cause to ever check a Dove Field unless they are allowed on it. You are supposing that every GW is evil and only wants to ruin hunts. In my experiences nothing could be further from the truth so I'm not celebrating making their job practically impossible. I do however, celebrate legal hunting. Some will abuse the hell out of this. Most of them probably will. No to just suspecting.
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Joined: Sep 2012
Posts: 24,132 Likes: 303
Freak of Nature
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Freak of Nature
Joined: Sep 2012
Posts: 24,132 Likes: 303 |
To Jawbone and others -
I respect LE, and do not envy the job they are asked to do.
Overview of Terry v. Ohio Terry v. Ohio is a significant U.S. Supreme Court case decided in 1968. It established the legal framework for "stop and frisk" procedures used by police officers. The ruling allows officers to stop and search individuals based on reasonable suspicion of criminal activity, provided they believe the person may be armed.
Regarding this as it relates to hunting - As every hunter is "armed", Terry v. Ohio basically says every hunter can be searched.
This is exactly the problem. A landowner hunting his/her own place, or leased property, should not have to worry about a GW walking up to their stand. Hasn't happened often, but I have had more than one walk into the woods where I am hunting to check my license. Had one climb the ladder to the box blind and knock on the door in Texas.
Thanks, asshole. I paid $5000 for 5 days of hunting, and you personally fucked up my evening hunt and effectively wasted $500 of MY money. For no fucking reason. The landowner had a copy of my TX license, a copy of my DL, and you drove PAST my truck to be a DICK.
I am absolutely fine with checking my animal, my weapon, my ammo, my license, my trespass permit, my deer tag, ad nauseum, but PLEASE wait until I am done for the day. And if I find a camera on MY property that ain't mine, it will be in my garage, turned off. 
Dying ain't much of a living boy...Josey Wales
Molon Labe
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Joined: Oct 2022
Posts: 4,099 Likes: 75
Management Spike
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Management Spike
Joined: Oct 2022
Posts: 4,099 Likes: 75 |
Good article on the case. Institute for Justice has been winning in other states and they are handling the Alabama case. Outdoor Life
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Joined: Feb 2003
Posts: 12,855 Likes: 42
Booner
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Booner
Joined: Feb 2003
Posts: 12,855 Likes: 42 |
I don't think it would affect the deer population much if it happened in Alabama. Between lessors allowing access, public land, legalized baiting, and the bulk of poaching occurring on others property or in such a way that they're still able to be caught, I don't see there being much change. For the ones worried about people poaching their own land and not leaving it, they're already hard to catch from my understanding. I could see turkey baiters being harder to catch though. Turkeys and migratory birds are my biggest concern. Deer will be fine. I agree. There will be a whole lot of duck holes full of corn because they will think there is no chance to get caught. That will mean those who stay legal won't have any ducks. It will be much harder on turkeys, and if you don't keep out bait you won't have any. I can imagine all sorts of bad things happening from that. I have posted here before about being targeted by a GW on opening day of turkey season, and of course I didn't like it. But some of the harassment of hunters I've read about in other states is far worse. Surely there is a middle ground for this. If they are really gonna stop all government agents from entering your land, I'd rather they start with the Tax Man. I don't know how he knows, but I can put up a shed and get taxed for it the next year. 
All the labor of man is for his mouth, and yet the appetite is not filled.
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Joined: Sep 2003
Posts: 13,184 Likes: 197
Doing the best I can.
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Doing the best I can.
Joined: Sep 2003
Posts: 13,184 Likes: 197 |
I'm still getting crickets on my questions which is an answer within itself.
The true mark of a man is not how he conducts himself during times of prosperity, but how he conducts himself during times of adversity.
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Joined: Jul 2011
Posts: 39,981 Likes: 130
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 39,981 Likes: 130 |
I don't think it would affect the deer population much if it happened in Alabama. Between lessors allowing access, public land, legalized baiting, and the bulk of poaching occurring on others property or in such a way that they're still able to be caught, I don't see there being much change. For the ones worried about people poaching their own land and not leaving it, they're already hard to catch from my understanding. I could see turkey baiters being harder to catch though. Turkeys and migratory birds are my biggest concern. Deer will be fine. I agree. There will be a whole lot of duck holes full of corn because they will think there is no chance to get caught. That will mean those who stay legal won't have any ducks. It will be much harder on turkeys, and if you don't keep out bait you won't have any. I can imagine all sorts of bad things happening from that. I have posted here before about being targeted by a GW on opening day of turkey season, and of course I didn't like it. But some of the harassment of hunters I've read about in other states is far worse. Surely there is a middle ground for this. If they are really gonna stop all government agents from entering your land, I'd rather they start with the Tax Man. I don't know how he knows, but I can put up a shed and get taxed for it the next year.  Satellites.
"Why do you ask"?
Too many people spend money they don't have , on things they don't need, to impress people they don't know.
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Joined: Mar 2015
Posts: 6,260 Likes: 30
12 point
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12 point
Joined: Mar 2015
Posts: 6,260 Likes: 30 |
I just want to be able to take my leak out in the country on my private property without my tallywhacker showing up on social media because of some GW camera.  No close neighbors so I usually have that expectation of privacy. Thanks to Ron I still will.
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Joined: Feb 2016
Posts: 10,979 Likes: 190
Fancy
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Fancy
Joined: Feb 2016
Posts: 10,979 Likes: 190 |
So what you are saying is, with Articulable Reasonable Belief, the officer would not need a warrant, only the belief that a crime "may" be getting committed??? If so, is the act of hunting itself enough to say a crime "may" be committed? I answered your question, but since it wasn’t directed at you per se I’ll do it again. The courts ruled long ago that due to the nature of hunting being an activity in pursuit of a publicly held resource on lands(both public and private), officers have every legal authority to be on lands where hunting is taking place, regardless of probable cause or articulable reasonable belief. You cannot protect a publicly held resource without access to private lands, therefore courts ruled in favor of GWs using the open fields doctrine liberally. Honestly, I can’t believe this is even an issue. Do officers abuse it? Yes. Should they be held responsible? Yes. Like has been stated, better be careful what you wish for if you care about the resources. Your dishonest neighbors can and will do atrocious things to wildlife in the absence of GWs having legal authority to be on private lands.
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Joined: Sep 2003
Posts: 13,184 Likes: 197
Doing the best I can.
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Doing the best I can.
Joined: Sep 2003
Posts: 13,184 Likes: 197 |
My bad Matt. I didn't realize you were answering my question directly. Here's my beef with it. A warden can interrupt my hunt at any time just because I'm hunting and he wants to check my license, whether I'm on public or private property. A warden can pull up to my boat and ask to see if I have a fishing license, just because I'm fishing. I'm hunting or fishing so there's a chance that I don't have a license to do that. On the same note, an officer can not legally pull me over just to see if I have a driver's license just because I'm driving. I'm driving so there's the chance I don't have a driver's license and I'm using a publicly held resource (the road), yet there is a difference in how my constitutional rights are viewed. That's a discrepancy in how the law is being used that is glaringly obvious.
The true mark of a man is not how he conducts himself during times of prosperity, but how he conducts himself during times of adversity.
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1 member likes this:
Wiley Coyote |
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Joined: Sep 2003
Posts: 13,184 Likes: 197
Doing the best I can.
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Doing the best I can.
Joined: Sep 2003
Posts: 13,184 Likes: 197 |
I will add I have never had a game warden do the things to me that were discussed earlier. The only time I've been checked in the field was on an early season teal hunt right here in Walker county. The warden arrived right after shooting light but we didn't know that because he sat and watched from a distance until we started picking up our decoys to leave. He said he didn't want to interrupt our hunt and enjoyed watching us ( we smacked them pretty good).  I thought that was really cool of him. Since that time we have established a friendly relationship and speak on occasion. He even gave me his cell phone number and told me to call him if I ever needed his help. I say that to acknowledge that not all officers abuse the powers that they could and most are nice guys if you get to know them.
The true mark of a man is not how he conducts himself during times of prosperity, but how he conducts himself during times of adversity.
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Joined: Feb 2002
Posts: 46,076 Likes: 240
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 46,076 Likes: 240 |
Going off at the fork in the road slightly........The DCNR claims this right to carry out the Open Fields Doctrine 'inspection' of property/hunter because DCNR claims that ALL GAME ANIMALS BELONG TO THEM. And they defend that claim until somebody tries to sue for damages after totaling their vehicle when a deer or wild hog steps into the road in front of said vehicle. The DCNR will to go to great lengths to infringe on and/or deny the rights of the public when it benefits the DCNR. They have the power and backing of state government and know that the common man can't afford his side of that fight.
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Joined: Feb 2002
Posts: 46,076 Likes: 240
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 46,076 Likes: 240 |
If they are really gonna stop all government agents from entering your land, I'd rather they start with the Tax Man. I don't know how he knows, but I can put up a shed and get taxed for it the next year.  ![[Linked Image from i.imgur.com]](https://i.imgur.com/cx4D39n.jpeg)
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Joined: Sep 2012
Posts: 24,132 Likes: 303
Freak of Nature
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Freak of Nature
Joined: Sep 2012
Posts: 24,132 Likes: 303 |
So what you are saying is, with Articulable Reasonable Belief, the officer would not need a warrant, only the belief that a crime "may" be getting committed??? If so, is the act of hunting itself enough to say a crime "may" be committed? I answered your question, but since it wasn’t directed at you per se I’ll do it again. The courts ruled long ago that due to the nature of hunting being an activity in pursuit of a publicly held resource on lands(both public and private), officers have every legal authority to be on lands where hunting is taking place, regardless of probable cause or articulable reasonable belief. You cannot protect a publicly held resource without access to private lands, therefore courts ruled in favor of GWs using the open fields doctrine liberally. Honestly, I can’t believe this is even an issue. Do officers abuse it? Yes. Should they be held responsible? Yes. Like has been stated, better be careful what you wish for if you care about the resources. Your dishonest neighbors can and will do atrocious things to wildlife in the absence of GWs having legal authority to be on private lands. Matt, I dont doubt that if open fields is overturned in Alabama that it will enable some unethical hunters to do as your saying. But as a libertarian, I just can't support giving officers of the law access without due process.
Dying ain't much of a living boy...Josey Wales
Molon Labe
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Joined: Aug 2001
Posts: 81,985 Likes: 515
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 81,985 Likes: 515 |
If they are really gonna stop all government agents from entering your land, I'd rather they start with the Tax Man. I don't know how he knows, but I can put up a shed and get taxed for it the next year.  Get some big blue tarps and lay them out in the shape of a building in an open area and then wait. You'll get a visit from a county appraiser.
"Never Trust Government" -- Smart people. "The Great thing we should Fear and the Weird Thing we Trust is Elon Musk" -- Me "You can be broke but you cant be poor." -- Ruthie-May Webster
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Joined: Feb 2016
Posts: 10,979 Likes: 190
Fancy
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Fancy
Joined: Feb 2016
Posts: 10,979 Likes: 190 |
Going off at the fork in the road slightly........The DCNR claims this right to carry out the Open Fields Doctrine 'inspection' of property/hunter because DCNR claims that ALL GAME ANIMALS BELONG TO THEM. And they defend that claim until somebody tries to sue for damages after totaling their vehicle when a deer or wild hog steps into the road in front of said vehicle. The DCNR will to go to great lengths to infringe on and/or deny the rights of the public when it benefits the DCNR. They have the power and backing of state government and know that the common man can't afford his side of that fight. That is one of the most misrepresented claims I encounter. The state (government entity) does not own wildlife. They don’t claim to own wildlife. The “state” in that definition of ownership refers to the residents of the state. Not the state government. That’s why I asked if anyone here even knows what the Public Trust Doctrine is. The state (residents) are the owners (beneficiaries), and the state government is the trustee responsible for oversight and regulation for the benefit of the beneficiaries.
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1 member likes this:
poorcountrypreacher |
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