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Author Topic: Public comment periods open for Washington hunting season, wildlife feeding prop  (Read 65481 times)

Offline Ridgeratt

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Don't know for sure, but I think the penalty for baiting will be the same as it is on bear baiting.  License suspension, property forfeiture and fines.


You would have to purchase the license for them to take it and I really don't think they would foreclose on the property and the wdfw fines are only misdemeanors.


Offline baldopepper

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Well, guess you get a ticket for hunting without a license as well as hunting over bait.  Suspended license also means you can't buy one for a year.  Of course not a problem if you're just sitting there with no gun.

Offline Bunny Thumper

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So if someone comes across a bait on private property and turns the property owner in, can the property owner then have them cited for trespassing?
If someone finds a bait site while illegally on a property is that information null and void since it was obtained while breaking the law?
Can’t wait for fall, it’s going to be interesting!

Offline SWHUNTER

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So if someone comes across a bait on private property and turns the property owner in, can the property owner then have them cited for trespassing?
If someone finds a bait site while illegally on a property is that information null and void since it was obtained while breaking the law?
Can’t wait for fall, it’s going to be interesting!

Great Question.

Offline baldopepper

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Well, that's goona be a problem for enforcement.  In most states Leo's can enter private property without a warrant if they suspect criminal activity, but not in Washington  (see open fields doctrine) I'm pretty sure large landowners will be baiting if they want and undoubtedly attracting animals from adjacent lands. Not sure if wdfw has any solution to that.

Offline kodiak06

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Well, that's goona be a problem for enforcement.  In most states Leo's can enter private property without a warrant if they suspect criminal activity, but not in Washington  (see open fields doctrine) I'm pretty sure large landowners will be baiting if they want and undoubtedly attracting animals from adjacent lands. Not sure if wdfw has any solution to that.

Pretty sure if they have probable cause to enter the property to enforce game laws. Searching land vs home, structures and such aren't the same.

Offline huntnnw

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if they had probable cause on private then it would mean more than likely someone trespassed like mentioned above and alerted WDFW.. kinda reminds me of people calling the police because someone stole their drugs  :chuckle:

Offline Ridgeratt

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Let's not forget about the "poacher points "

Offline baldopepper

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In Washington State you must have a warrant to enter private property even with probable cause. Basically it must be deemed an emergency situation to enter or search .  Someone tipping them off could be the basis for them getting a warrant but would still not allow them to enter without one.

Offline bobcat

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Couldn't someone use a drone to get video of evidence of someone using bait?

As for "poacher points," I don't believe that would apply unless the person hunting with the use of bait actually killed an animal and there was proof of that.

Offline baldopepper

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With very few exceptions they have to have a warrant to use a drone to gather evidence on private property in Washington. There are only 4 other states as restrictive as Washington when it comes to entering private property

Offline Ridgeratt

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Can you justify this then?

Insurance companies use drones as an inexpensive way to conduct home inspections without paying an inspector to visit the property. While drones can be more cost-effective and increase the number of inspections, the photos may not be of the best quality and can sometimes show inaccurate images. It’s important to check your inspection report for inaccuracies.

In addition, homeowners may have privacy concerns about photos taken without prior knowledge. However, it is legal for home insurance companies to use drones to complete inspections.

Keep reading to learn how drones are used in home insurance inspections.


https://www.insurance.com/home-and-renters-insurance/how-home-insurance-companies-use-drones-to-inspect-homes/#:~:text=1%20Insurance%20companies%20may%20use%20drones%20to%20document,taking%20photos%20of%20homes%20without%20the%20owner%27s%20consent.

Offline fishngamereaper

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In Washington State you must have a warrant to enter private property even with probable cause. Basically it must be deemed an emergency situation to enter or search .  Someone tipping them off could be the basis for them getting a warrant but would still not allow them to enter without one.

Sorry but this is false...

Offline baldopepper

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Read up on it. Washington is one of 5 states to reject the open fields doctrine. Simply look on line if it is legal to use drones to gather evidence in Washington State.  Insurers can do it basically because you have to allow it or they won't insure you, they have that right - kind of implied consent.

Offline fishngamereaper

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Read up on it. Washington is one of 5 states to reject the open fields doctrine. Simply look on line if it is legal to use drones to gather evidence in Washington State.  Insurers can do it basically because you have to allow it or they won't insure you, they have that right - kind of implied consent.

I don't need to read up on it.
Thousands of investigative contacts occur daily on private property without warrants.
Now you certainly can tell them to leave...but it doesn't preclude them from knocking..
And I wouldn't worry about drones..
Airplane's are easier anyway.

 


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