What can be done with poachers on game cams??

[Varmint Hunter]

Well in WV the DNR does NOT need a Warrant to check your coolers in the back of a truck, search your Home and take you rifle for forensic testing, Take game meat for identification DNA vs. poached remains.

They can do all of the above without even a complaint or even probable cause.

I seen the young DNR man, on foot, go after an old guy on an ATV and give him a DUI/ open container.

I'd say at a minimum they have more power than local law enforcement whom barely understand local noise ordinance...

This is absolutely NOT true anywhere in the country. Do you honestly believe that a DNR officer can enter your home & search your property without a warrant, probable cause or even a complaint? Warrantless search & seizure is unconstitutional. Could you image what a rogue officer could do with that kind of power?

DNR officers have authority that typically exceeds that of a Police Officer when acting pursuant to his special duties and has reasonable cause to exercise that authority. That does not include the unrestricted right to a warrantless search & seizure of property.

 

[Daves762]

Sounds like a lot of you need to learn your property owner rights.
And your citizens arrest rights.
And perhaps contact your attorney and ask about the super special hero powers all these game wardens have.........
My constitutional rights are not over ruled by the fishy police.
It's amazing what most people will get themselves into because they don't understand the words "consented to".
If you doubt me, next time you are in contact with one of these super human game wardens pull out your camera phone and live stream them. They will go from "I have the authority to".... To "Yes Sir" real quick.....
Most of what "law enforcement" does on a daily basis is a bluff or a power trip.
Meanwhile the criminals walk around snubbing their noses at the police and YOU.
Ever wondered why?
A lawyer in your state can answer the questions being argued above. That's called "legal advice". And it's worth every penny.

 

[Pulpwood]

Hi all,

So if you followed any of my recent posts, you know that we're trying to start buck management on our property of 600 acres in central WV. Well one of the main issues is that we have poachers moving onto our property and killing bucks while we aren't there (property is around 1.5 hrs from where I reside). Well over the past few nights we have pictures of some guy at 3:55 am on our property with a rifle and a night vision scope. We know exactly who it is, confronted him, and he claims he was "hunting coyotes". My question is: is there anything that can be done? Is a picture from a game cam enough to give to a game warden?
Thanks!

If the game warden will not do anything I would trap his a—

 

[Korhil78]

Enjoy the rest of your weekend.

 

[DENWA]

This is absolutely NOT true anywhere in the country. Do you honestly believe that a DNR officer can enter your home & search your property without a warrant, probable cause or even a complaint? Warrantless search & seizure is unconstitutional. Could you image what a rogue officer could do with that kind of power?

DNR officers have authority that typically exceeds that of a Police Officer when acting pursuant to his special duties and has reasonable cause to exercise that authority. That does not include the unrestricted right to a warrantless search & seizure of property.

While I may have overstated this is a little more accurate especially that last line.

https://bccla.org/wp-content/uploads/2019/02/powers-of-conservation-officers.pdf

Conservation Officers have special powers when there are "exigent circumstances." Conservation Officers may do the following without a warrant from a judge:
• search your home, your vehicle, or other personal property; and
• seize and remove anything that the Conservation Officer has reasonable or probable grounds to believe may provide evidence of an offence.

If conditions for obtaining a warrant exist but due to exigent circumstances, it is sometimes not practicable to obtain a warrant.
Exigent Circumstances are situations of special urgency in which a delay would result in:
• danger to human life;
• danger to human safety; or
• loss or destruction of evidence.

 

[big cds]

No. Private property and he has no right to the property whatsoever. I think he thinks that hunting coyotes is less incriminating than hunting deer at night out of season.

I have heard this story and others like it (dogs can't read) but when you have a five ft fence with three strands of barbed wire on top with no gaps on the bottom it's obvious what is going on. Land in my state does not have to be posted as all private land is considered posted by state law and if you can prove to the game wardens where the camera was at by surrounding landmarks from the picture then they should have a reason for searching the persons property (see state laws) and maybe get this guy on other charges.

 

[Varmint Hunter]

While I may have overstated this is a little more accurate especially that last line.

https://bccla.org/wp-content/uploads/2019/02/powers-of-conservation-officers.pdf

Conservation Officers have special powers when there are "exigent circumstances." Conservation Officers may do the following without a warrant from a judge:
• search your home, your vehicle, or other personal property; and
• seize and remove anything that the Conservation Officer has reasonable or probable grounds to believe may provide evidence of an offence.

If conditions for obtaining a warrant exist but due to exigent circumstances, it is sometimes not practicable to obtain a warrant.
Exigent Circumstances are situations of special urgency in which a delay would result in:
• danger to human life;
• danger to human safety; or
• loss or destruction of evidence.

That's pretty much what I stated. However, in most states the powers to search an individuals home without a warrant are significantly limited. There is good reason for that:

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The reliance on "exigent circumstances" to recover a deer carcass or a couple of fish by invading someone's home without a warrant won't cut it and are virtually indefensible in any court. And yes, you are correct; your position was "overstated". Thank goodness for that.

 

[Tom Erickson]

Definitely call your local game Worden. I remember back when I was a kid hunting pheasant on my uncle's farm his neighbor had his land posted poachers will be shot survivors. Prosecuted.
Dad said any one that would post that is nuts and won't take a chance.
It sucks that people don't respect landowners but maybe after a visit from the game Worden they will stop

 

[Tulsa Reiner]

This is not even close to being true

Sorry, but in OK and Texas they do. They can enter a suspect's home or cabin, and conduct a search for illegally gotten game without a warrant.

 

[Mach 1]

Funny thing is that an old neighbor of mine back there was turned in by SOMEONE awhile ago for feeding game in a CWD area while he was not aware that law had been passed yet. Game wardens came into property and knew EXACTLY where minerals were and feed was placed and said they had been "tipped off"...
Entire property is Posted so people offering up
"Tips" had obviously trespassed when they found the feed and minerals......HMMM......doesn't seem quite right......someone breaking the law to report someone breaking the law

They may not have been tipped off. Game wardens have almost unlimited funds. They may have spotted it from a plane and verified with a drone before going in. We live in a different world than most of us grew up in.

 

[Mach 1]

Sorry, but in OK and Texas they do. They can enter a suspect's home or cabin, and conduct a search for illegally gotten game without a warrant.

You would think they would t be dumb enough to do that. Years ago In my state law enforcement has a warrant and they didn't announce their presence and a fellow inside the house put a 45 between the eyes of an officer. I don't remember the guy getting charged. Entering a home where there is a 100% chance of a gun and a guy knowing how to use the gun without a warrant is insanity

 

[Tulsa Reiner]

You would think they would t be dumb enough to do that. Years ago In my state law enforcement has a warrant and they didn't announce their presence and a fellow inside the house put a 45 between the eyes of an officer. I don't remember the guy getting charged. Entering a home where there is a 100% chance of a gun and a guy knowing how to use the gun without a warrant is insanity

I didn't say they would enter without knocking or announcing themselves.

 

[Mach 1]

I didn't say they would enter without knocking or announcing themselves.

nope. They take that upon themselves

 

[MajorSpittle]

Sorry, but in OK and Texas they do. They can enter a suspect's home or cabin, and conduct a search for illegally gotten game without a warrant.

They could also be lawfully shot trying.