View Full Version : Court: Anglers' boat privacy limited
mtwalleye
03-01-2002, 11:33 AM
An interesting story in the paper today about a Montana Supreme Court ruling on boat privacy and game wardens' rights in checking livewells. Here's the link:
http://www.billingsgazette.com/index.php?id=1&display=rednews/2002/03/01/build/local/40-privacy.inc
mark
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Walleyes Unlimited
www.walleyesunlimited.com
Dutchman
03-01-2002, 12:06 PM
Fair enough. Hope he got a heck of a fine too...
" Fishing is the pursuit of what is elusive but attainable, a perpetual series of occasions for hope "
dlsfish
03-01-2002, 04:23 PM
I recently attended a Hunter Safety class with my son. One of the guest speakers was a local (Illinois) game warden. He mentioned that their search and seizure laws were MUCH more lenient than other law enforcement agancies. For instance, they can enter your house to check refrigerator/freezer for possesion limits without a warrant.
Darenwh
03-01-2002, 04:37 PM
Personally I believe that they should have seized all his fishing equipment and boat in this case. The gamewardens should be required to do this in all cases of keeping beyond the limit and in illegal snagging. Then if the offence is a first the judge should be able to release the property and inform the individual guilty of the crime that next offence is seziure of all equipment and boat. On second offence the law should state the equipment will not be returned nor will monetary compensation be paid. It's time to stop being lienient with obvious offenders. If the cost is too great they will eventually start following the laws.
I'd say that game warden is wrong. They can't just come banging at your door announcing it is time to check your freezer. What if after he looks in your fridge/freezer, he decides to look around your basement or garage to see if you have a freezer out there? Where would this sort of thing end? Next thing you know someone would be showing up to see if you ripped the tags off your mattress!
First, they would need probable cause that someone has indeed been poaching, or had illegal amounts of game at their home. If they have probable cause, a judge would most likely issue a warrant for a search.
Before someone gets it wrong, I DON'T support poachers, or game-hogs. But I do value my constitutional right to privacy in my own home. Even though I have nothing to hide, if they show up at my house without a warrant to check my freezer, my response is GET LOST.
bigfish1965
03-01-2002, 07:31 PM
Canadian law is quite similar in that only probable cause is needed to search your freezer and not a warrant. This is extended to Conservation Officers only. There is no need to worry about them going through all your stuff. There aren't enough CO's to do the work they have now.
fishy1
03-02-2002, 03:25 AM
I live in iowa we have a daily limt and a possesion limit.
I belive I read some where that in youre personal home you can only have the possesion limt.Youre next door neighbor that has never bought a liscense may posses a possesion limit if he or she can prove that the limit was given to them by a liscened angler or hunter and that that person is not in violation of the limits at the same time,meaning that combined the two households dont exceed the possesion limit.MY two cents worth check youre freezer you might be over the limit and not even realize it till you read the rules more carefully.
Finaddict
03-02-2002, 06:04 AM
I write off my boat as a second home on my federal taxes shouldn't we enjoy the same privledges on our second home as we do on our first.
hgmeyer
03-02-2002, 08:04 AM
About Illinois: I don't know for sure, but I think that Illinois Game Warden (Conservation Police Officer) might have been wrong...
Their right to "search" is pretty broad except where it involves a dwelling....Here's the quote from the applicable law...
(520 ILCS 5/1.19)
Sec. 1.19. All authorized employees of the Department are empowered, pursuant to law, to enter all lands and waters to enforce the provisions of this Act. Authorized employees are further empowered to examine all buildings, private or public clubs (except dwellings),}> fish markets, cold storage houses, locker plants, camps, vessels, cars (except sealed railroad cars or other sealed common carrier), conveyances, vehicles, watercraft or other means of transportation or shipping whatsoever, tents, game bags, game coats or other receptacles, and to open and examine any box, barrel, package, or other receptacle in the possession of a common carrier, which they have reason to believe contains wild
birds or any part thereof (their nests or eggs), or wild mammals or any part thereof, taken, destroyed, bought, sold or bartered, shipped or held in possession contrary to any of the provisions of this Act, including administrative rules, or that the receptacle containing the same is falsely labeled.
Are you certain about the CO's only? I had a conversation with an OPP officer last summer and he said that they had a lot of lienency in the area of newer gun laws and entering a home. It actually sounded a bit scary to me.