Defense: In Whites Wolf-poaching evidence was wrongfully seized

[Goomsba]

Defense: Wolf-poaching evidence was wrongfully seized

By Jefferson Robbins
World staff writer

Friday, December 9, 2011

SPOKANE — The Twisp-area ranch family accused of poaching endangered gray wolves from the Lookout Pack says evidence in the federal case was gathered without proper warrants.

William D. White, his son Tom D. White and daughter-in-law Erin White have all pleaded not guilty in U.S. District Court to a total of 12 federal charges — including conspiracy to kill and unlawfully taking an endangered species, as well as smuggling and illegal import and export of wildlife. They were indicted June 7 after authorities said the family poached two wolves and attempted to ship parts of the animals out of the country.

The case began in December 2008, when the owner of a FedEx station in the Omak Walmart noticed a package that appeared to be leaking blood. The owner called Omak police, who then opened the box and found “a freshly killed wolf hide” inside it, according to a U.S. Fish and Wildlife investigation report.

In motions filed Nov. 25 and Dec. 2, attorneys for William and Erin White wrote that police opened the package without the necessary warrant, and subsequent search warrants on William White’s property did not specify evidence to be seized.

Erin White, 36, is accused of attempting to ship the bloody box. Her attorney Steven Frampton further argued there was no clear evidence she was the shipper of the package, since the contact information given with the shipment was falsified. The woman dropping off the package identified herself only as “Allison,” and addressed it to a recipient in Hardisty, Alberta, Canada.

“... Surveillance cameras showed a female mailing the suspect package and showed she was driving a red SUV,” Frampton wrote. “The footage of these cameras was of poor quality.”

A check with the Washington Department of Motor Vehicles found that Tom D. White, 36, owned a similar SUV, and compared a driver’s license photo of Erin White to images from the Walmart cameras. A request for a warrant search of Tom and Erin White’s residence on that basis was denied by a federal judge. The warrant was only granted after the FedEx store owner picked Erin White’s photo seven weeks later from a collage of six mugshots, Frampton wrote.

In William White’s case, federal authorities matched his address to telephone records of the Canadian recipient listed on the package. Emails that prosecutors attributed to White, cited in the indictment, boasted that he and others shot several wolves: two from a pack of nine gray wolves and one wolf from another group.

White’s attorney, Bevan Maxey, argued that the warrantless opening of the package provided a faulty basis for all subsequent searches of White’s residence and belongings.

The defense motions seek to suppress the FedEx package and its contents, which would effectively demolish the federal case. Hearings on the motions are scheduled for Feb. 9; the Whites are due to stand trial in Spokane Feb. 27.

The wolves were on the federal Endangered Species list at the time the poaching is believed to have taken place; they were delisted in the eastern Washington region earlier this year. It remains illegal under state law to kill wolves anywhere in Washington.

The Methow Valley Lookout Pack once comprised at least 10 wolves; by last June, wildlife biologists believed no more than two remained.

[PlateauNDN]

So here's my question and I'm not implying anything but the second to the last sentence says "wolves were delisted in Eastern WA. earlier this year from Federal Protection and are still protected under State Law"  Is this statement correct.

KillBilly or somebody else familiar with the wolf status?

[Gringo31]

I only remember a little bit from one of the meetings I went to and there was something about the Eastern third of WA state no longer being federally protected but they all are state protected???

Sorry for the poor answer but there was something about that....

Someone else will give you a better answer 

[KillBilly]

So here's my question and I'm not implying anything but the second to the last sentence says "wolves were delisted in Eastern WA. earlier this year from Federal Protection and are still protected under State Law"  Is this statement correct.

KillBilly or somebody else familiar with the wolf status?

Wolves have been removed from federal Endangered Species Act protection in the eastern third of Washington State, but they remain protected as a state endangered species throughout Washington.

Under Congressional direction that prevents any judicial review, the U.S. Fish and Wildlife Service has removed the northern Rocky Mountain population of gray wolves from federal endangered status. The action affects wolves in Montana, Idaho, the eastern third of Oregon and Washington and a small area of north central Utah.

 
www.RussDeanRV.com
 The federal de-listing covers eastern Washington east of State Route 97 from the Canadian border to Highway 17, east of Highway 17 to State Route 395, and east of State Route 395 to the Oregon border. That federal de-listing boundary was based on the anticipated dispersal of wolves from recovered populations in the other states

[PlateauNDN]

So here's my question and I'm not implying anything but the second to the last sentence says "wolves were delisted in Eastern WA. earlier this year from Federal Protection and are still protected under State Law"  Is this statement correct.

KillBilly or somebody else familiar with the wolf status?

Yes it is in fact correct. The feds de-listed but the imposed it's own ESA on the state.

So for Eastern WA. (and I'm just assuming here) they are not federally protected and does that include Yakima Co., Kittitas Co. Chelan Co. basically any 300 GMU or is it specific to certain Eastern WA. areas/Co.'s? 

And based on your knowledge from what you have learned from the State is that the Wolves are protected State wide by the State's own Endangered Species Act not the Federal ESA?   

[bearpaw]

To clarify, the area where the wolves were reportedly killed, would still be federally protected. 

The division is in the okanogan valley tonasket, omak, etc. The reported area is west of that which is still federally protected.

[PlateauNDN]

To clarify, the area where the wolves were reportedly killed, would still be federally protected. 

The division is in the okanogan valley tonasket, omak, etc. The reported area is west of that which is still federally protected.

So 300 GMU areas are not Federally protected only State?

[bobcat]

To clarify, the area where the wolves were reportedly killed, would still be federally protected. 

The division is in the okanogan valley tonasket, omak, etc. The reported area is west of that which is still federally protected.

So 300 GMU areas are not Federally protected only State?

Region 3 is federally protected. I think the eastern 1/3 of the state wolves are NOT federally listed as being endangered. So that would be region 1 and maybe a small part of region 2.

[bearpaw]

To clarify, the area where the wolves were reportedly killed, would still be federally protected. 

The division is in the okanogan valley tonasket, omak, etc. The reported area is west of that which is still federally protected.

So 300 GMU areas are not Federally protected only State?

Region 3 is federally protected. I think the eastern 1/3 of the state wolves are NOT federally listed as being endangered. So that would be region 1 and maybe a small part of region 2.

Yes, Hwy 97 runs south through tonasket and omak, then Hwy 17 goes south to Hwy 395 which goes south to the Tri-Cities, everything east of that is federally delisted, everything west is still federally listed. The entire state is still state listed.

[gaddy]

I've hylighted it on a map for quick reference.

[PlateauNDN]

I've hylighted it on a map for quick reference.

I don't see a map?   And thanks Bear for some additional clarification as to the boundary for Fed protected areas and State protected areas.

[gaddy]

i just used a state map & transfered to gmu map. since i look at gmu's alot to get a feel for where people are at & haveing sightings or incounters its a quick reference.