Hunting Washington Forum

Community => Advocacy, Agencies, Access => Topic started by: Hirt on April 10, 2024, 07:01:46 AM

Title: Open Fields Doctrine
Post by: Hirt on April 10, 2024, 07:01:46 AM: https://www.agweb.com/news/business/farmland/power-vs-privacy-landowner-sues-game-wardens-challenges-property-intrusion (https://www.agweb.com/news/business/farmland/power-vs-privacy-landowner-sues-game-wardens-challenges-property-intrusion)

The article mentions WA having protections from warrantless entry onto property, has anyone had any experiences with game wardens or other agencies on their land without permission? Growing up in WI, with a lot of over baiting on private land that was the only way a game warden could catch violators without taking a plane over the property to spot the bait pile.

It seems like a double edged sword, hunting and fishing regulations depend on a ton of personal integrity to self enforce and there are a few people that break the rules and make the community look bad. On the other hand, I don't even like the mailman bringing a package to my door.

Thoughts?
Title: Re: Open Fields Doctrine
Post by: chukardogs on April 10, 2024, 08:50:00 AM: My thoughts; as you said, a few people do break the rules. So, unless there's a case to be made that there is a life and death situation occurring or the government is in the process of issuing an existing warrant and securing a suspect. Beyond those exceptions, it seems reasonable to expect the authorities to have credible information that has already convinced a judge to issue a warrant before any entrance to private property should happen. There's absolutely no reason to have a system set up where any law enforcement official can trespass at will!
Have you looked up the statute that covers search and seizure of private property?
Title: Re: Open Fields Doctrine
Post by: bigtex on April 10, 2024, 01:00:53 PM: Washington wildlife law allows game wardens onto private property for enforcement of fish and wildlife laws. This is different then enforcement of other laws.

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Title: Re: Open Fields Doctrine
Post by: BIGINNER on April 10, 2024, 01:10:15 PM: Quote from: bigtex on April 10, 2024, 01:00:53 PM
Washington wildlife law allows game wardens onto private property for enforcement of fish and wildlife laws. This is different then enforcement of other laws.

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In that case, how eould a game warden know if someone in hunting on their own property or just out target shooting? or does simply "thinking" that someone is hunting there justify entry?
Title: Re: Open Fields Doctrine
Post by: Ridgeratt on April 10, 2024, 01:12:47 PM: I had an old game warden tell me that he heard some suspicious shooting. And therefore, he has the right to egress.
Title: Re: Open Fields Doctrine
Post by: jackelope on April 10, 2024, 01:50:51 PM: Quote from: bigtex on April 10, 2024, 01:00:53 PM
Washington wildlife law allows game wardens onto private property for enforcement of fish and wildlife laws. This is different then enforcement of other laws.

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Really appreciate your participation in the forum here. Solid info. Thanks.
Title: Re: Open Fields Doctrine
Post by: bigtex on April 10, 2024, 02:12:03 PM: Quote from: BIGINNER on April 10, 2024, 01:10:15 PM
Quote from: bigtex on April 10, 2024, 01:00:53 PM
Washington wildlife law allows game wardens onto private property for enforcement of fish and wildlife laws. This is different then enforcement of other laws.

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In that case, how eould a game warden know if someone in hunting on their own property or just out target shooting? or does simply "thinking" that someone is hunting there justify entry?
A WDFW Officer being on-duty simply justifies entry, all that is required is that the officer is performing their duties. Now in reality officers just aren't wandering all over private property, they only do so if they're following up on reports/tips, or they actually see someone hunting/fishing.

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Title: Re: Open Fields Doctrine
Post by: BA Mongor on April 13, 2024, 06:07:57 PM: BS.

Yes they do wander all of your property, just like they own it! This has happened to me on my tree farm. When I caught him "twice", he said he can come here anytime he wants or needs to. I called the sheriff on him and not a thing was done. No hunting or fishing taking place on the land. He not only crossed my well posted land, he also crossed my gate.

They can do whatever they want, when they want. It's the biggest bunch of BS I've dealt with. If you think you have rights, when it comes to your property, the wardens can go anywhere they want.