Questions for WDFW LEO

[jmscon]

All I hear are crickets from the LEO's 

Patience little grasshopper, patience

[bigtex]

Olyguy is correct in his statements. I'll answer the rest in a few days guys. Traveling right now.

Sent from my SAMSUNG-SM-G930A using Tapatalk

[Elkcollector82]

Olyguy is correct in his statements. I'll answer the rest in a few days guys. Traveling right now.

Sent from my SAMSUNG-SM-G930A using Tapatalk

Thanks @bigtex

[runamuk]

It's not a matter of letting go the past, it's a matter of people making snap judgments and how instead of doing that maybe think for 5 seconds how there might be circumstances they are totally unaware of that make something unlawful in general but totally legit.

It's about the general public assuming they know all the things about all the things when actually they do not.

Like trail cam= bait WRONG I know several who put up cams no bait to count critters, collect data etc.  I do it to look for trespassers the side effect is I also learn what critters are strolling through.

[gasman]

Tag.....

[RB]

Interesting

[HuntnFishnRyan]

My trail cam has no bait it simply collects data for me, so are my bears baited?  NO.

Circumstances are not always how you envision it.  A person could have shot from a dirt road in the center if a 1000 acre private property so shooting from the road is not always illegal.  Hell shooting in a no hunting area us not always gonna be illegal because situations occur.  Hunts with hounds still happen even though it is banned.

This is why some of us won't ever post half the stuff we do because so many rush to judgment without knowing enough to make that call.

I completely agree with you about rushing to judgement and not considering circumstances. As bearpaw said, this was moved from another thread. In doing so it appears my good intentioned comment got all twisted around. I was not making a blanket statement that ALL trail cams are baited. The comment was in regards to a specific trail cam with a bear chewing on a tube feeder in front of the cam. I shall hope you would agree that bear is off limits in that area. Here is the thread: http://hunting-washington.com/smf/index.php/topic,218651.msg2908678.html#msg2908678 As far as the guy standing in road shooting animal in the road....once again this was about a specific thread where OP said it was on FS road. I didn't want to bring up all the details to preserve a bit of anonymity for the guy and not to stir up trouble or point fingers.

"This is why some of us won't ever post half the stuff we do because so many rush to judgment without knowing enough to make that call." I find this ironic because I feel the same way. I double and triple check to make sure my posts are spell checked, grammar checked, checked for anything that might offend anyone yet someone still gets offended. Kinda makes you not want to post right? Take care guy.

[runamuk]

My trail cam has no bait it simply collects data for me, so are my bears baited?  NO.

Circumstances are not always how you envision it.  A person could have shot from a dirt road in the center if a 1000 acre private property so shooting from the road is not always illegal.  Hell shooting in a no hunting area us not always gonna be illegal because situations occur.  Hunts with hounds still happen even though it is banned.

This is why some of us won't ever post half the stuff we do because so many rush to judgment without knowing enough to make that call.

I completely agree with you about rushing to judgement and not considering circumstances. As bearpaw said, this was moved from another thread. In doing so it appears my good intentioned comment got all twisted around. I was not making a blanket statement that ALL trail cams are baited. The comment was in regards to a specific trail cam with a bear chewing on a tube feeder in front of the cam. I shall hope you would agree that bear is off limits in that area. Here is the thread: http://hunting-washington.com/smf/index.php/topic,218651.msg2908678.html#msg2908678 As far as the guy standing in road shooting animal in the road....once again this was about a specific thread where OP said it was on FS road. I didn't want to bring up all the details to preserve a bit of anonymity for the guy and not to stir up trouble or point fingers.

"This is why some of us won't ever post half the stuff we do because so many rush to judgment without knowing enough to make that call." I find this ironic because I feel the same way. I double and triple check to make sure my posts are spell checked, grammar checked, checked for anything that might offend anyone yet someone still gets offended. Kinda makes you not want to post right? Take care guy.

Ironic is that I am still a girl, have been since I joined in 2008 and never did change.

Lots b of people think bears on cameras are baited, wasn't you I was calling out more the concept bear+trailcam=baited.  Again wasn't you I was calling out about roads, so many see road and think illegal forgetting there are miles and miles of roads that are not under any jurisdiction other than the land owner.  Also many hunt outside WA where the rules are totally different.

I have seen these rush to judge for so long and have been guilty myself a few times.  Hence why I think people need to slow their roll and realize they may not actually understand what they think is an obvious breaking of a rule.

[Man Tracker]

You have some reasonable expectation of privacy in your tent or cook shack.  I assume (shame on me)that it is on public property you are asking about?  Generally speaking a LEO would need consent, a warrant, or a reasonable belief that some exegent circumstances require you to enter.  Court rulings are kinda all over, but much depends on whether it is state or federal law being enforced.  You have a greater degree of privacy under the WA state constitution than most other places. 

A question that comes up often is, Is the tent abandoned or just being left for a short period.  If it makes sense that it may be abandoned, a LEO could probably look in to see if anything potentially dangerous (firearms) needs safekeeping.  Seeing a violation without an immediate safety issue would require a warrant to search/secure.

Due to the mobility of vehicles, courts may give a little move leeway to LE than a tent or shack that isn't leaving the area.  But the courts are always making entertaining rulings, some make sense. some don't.  But privacy rights are a big deal and the courts do try to respect them,even if a few LEO's don't.  Sorry to be long winded.  Maybe BiGTex can provide more clarity.

[Elkcollector82]

I'm guilty of saying to someone to make sure not to hunt for bear caught on trail camera since the area was now baited. I should give that person the benefit of the doubt. I will keep that to myself in the future.

So when can someone hunt the bear caught on their camera? When does a "bait" site not considered a bait site? You see a bear headed in the direction of your camera 100 yards from it. Is it safe to shoot it? How about a mile away?

 Here's another one. Your out coon hunting with your dogs. You drive around the corner see a bobcat, lion or a bear. You gonna jump out and shoot it or let it walk cause your truck is loaded with hounds?
[/quote]

What's your take on these @Man Tracker

[KFhunter]

You have some reasonable expectation of privacy in your tent or cook shack.  I assume (shame on me)that it is on public property you are asking about?  Generally speaking a LEO would need consent, a warrant, or a reasonable belief that some exegent circumstances require you to enter.  Court rulings are kinda all over, but much depends on whether it is state or federal law being enforced.  You have a greater degree of privacy under the WA state constitution than most other places. 

A question that comes up often is, Is the tent abandoned or just being left for a short period.  If it makes sense that it may be abandoned, a LEO could probably look in to see if anything potentially dangerous (firearms) needs safekeeping.  Seeing a violation without an immediate safety issue would require a warrant to search/secure.

Due to the mobility of vehicles, courts may give a little move leeway to LE than a tent or shack that isn't leaving the area.  But the courts are always making entertaining rulings, some make sense. some don't.  But privacy rights are a big deal and the courts do try to respect them,even if a few LEO's don't.  Sorry to be long winded.  Maybe BiGTex can provide more clarity.

Only thing I'd differ on is most cook shacks I've seen aren't in the sleeping or private areas and most are open air unless closed up at night or everyone's hunting, but during cooking it's usually open air?  Unless someone is cooking right next to their bunk inside their tent there'd be less issues poking through the coolers there in the "cook shack"

 

[Man Tracker]

I feel like I am headed to a bait site!  I'll try, but these are the opinions of someone who retired to a better life.  At 100 yards, headed to a bait site, I'd let the bear go, at one mile it is sausage.  But if you don't know there is a bait site 100 yards away?  Lots of grey area there.  Just another reason that law is problematic.  If I had hounds in my truck and I was headed off to hunt raccoons when I spotted a bobcat, I'd tell myself "that is one lucky cat."  I think it would look bad if any citizen saw just a portion of what was happening.  Even though it might be totally legal, it would look otherwise. 

LEO need only reasonable suspicion to make a stop or detain you, probable cause is needed for an arrest.  Beyond a reasonable doubt for a conviction.  The rule of thumb is, Is it more likely than not that a violation is being committed?  Often a toss up.  I hope to God today's officers have the common sense and good grace to realize that an open mind and some active listening will usually lead to making the proper decision.  But...

[KFhunter]

 

as for the rest of the questions it's a judgement call

I hope to God today's officers have the common sense and good grace to realize that an open mind and some active listening will usually lead to making the proper decision.  But...

....But,  don't give them ammo!

That is, be far enough away from whatever illegal thing it is that requires a judgement call that you don't invite trouble.  Stuff happens, you could be 50 yards from a bait site and have no clue it's there and no way to prove that it wasn't you.  So know your area and keep your eyes open, bait sites require frequent traffic from vehicles, people and bears, if I see a well padded down path I wonder why the bears are moving down that path so frequently 

[bigtex]

You have some reasonable expectation of privacy in your tent or cook shack.  I assume (shame on me)that it is on public property you are asking about?  Generally speaking a LEO would need consent, a warrant, or a reasonable belief that some exegent circumstances require you to enter.  Court rulings are kinda all over, but much depends on whether it is state or federal law being enforced.  You have a greater degree of privacy under the WA state constitution than most other places. 

A question that comes up often is, Is the tent abandoned or just being left for a short period.  If it makes sense that it may be abandoned, a LEO could probably look in to see if anything potentially dangerous (firearms) needs safekeeping.  Seeing a violation without an immediate safety issue would require a warrant to search/secure.

Due to the mobility of vehicles, courts may give a little move leeway to LE than a tent or shack that isn't leaving the area.  But the courts are always making entertaining rulings, some make sense. some don't.  But privacy rights are a big deal and the courts do try to respect them,even if a few LEO's don't.  Sorry to be long winded.  Maybe BiGTex can provide more clarity.

The WA Constitution does afford for greater privacies/protections than the US Constitution and most other state constitutions. It's a reason why anyone who says WA is a "police state" obviously has no legal experience. There are many, many, many things LEOs in WA can't do yet they can in sometimes all other 49 states 

[hunter399]

I have a question ,what is a person's rights on getting a bear out of your backyard that won't leave?

This topic should put more light on the reason for my question.

http://hunting-washington.com/smf/index.php?topic=218837.msg2912951;topicseen#new