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To: SJackson; Ronaldus Magnus
“Bad advice, wardens can enter private property to enforce the game laws at will....Not legally. The law states that they must still have a reasonable suspicion of illegal activity to go onto private property.”

“I'll defer to marktwain on this one, but I believe you're mistaken. Under state law a warden can enter property to check things like license, proper ammunition, or the tagging of a deer. He doesn't have to suspect wrongdoing.”


As I recall, the theory goes something like this: the game belongs to the state, not the landowner, so the game wardens can enforce game laws on private land. However, they are not full “peace officers” on private land, just regulatory enforcers, kind of like meter maids. They could only write tickets for civil violations to start.

But the penalties for game laws have increased, so we have a problem that they are acting more as police than regulators.

The mere fact that they have to have a connection with the game and fish laws (and now the snowmobile and 4-wheeler laws) means that they are limited as to when they can go on private property. But, because they are enforcing regulations instead of “crimes” they do not need probable cause that a crime has been committed.

I do not think that we were taught that you needed a “reasonable suspicion of illegal activity”, as game wardens could check for fishing licenses, say, on private land.

In practice, Wisconsin has enough public land that the wardens avoided much of the issue by staying off of private land unless there was a clear reason to check hunters or fishermen that they could see engaging in hunting or fishing on the private land.

146 posted on 01/11/2009 11:20:30 AM PST by marktwain
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To: marktwain; SJackson; DoughtyOne; All
As an instructor of many years, and as such, a defacto employee of the DNR in my state, I'll offer my opinion on many of the issues presented in this thread.

Does a conservation officer have the legal right to enter private property to check licenses and possible violations?

Yes and No.

Just like any police officer, they can enter private property to investigate crimes and violations of law, IF they have just, probable cause, that a violation or crime, has been, or is likely to be, committed.

Just wander around private property to check things out?

Not just no, but hell no! No more than the county sheriff could park his fat ass in a lawn chair at your next backyard BBQ, just to make sure you commit no crimes.

Just as a cop needs a reason to stop your car, they need probable cause to check you or your property.

Is a conservation officer empowered the same as other police officers?

In most states Yes, they have the same powers as the state police. Not every DNR employee is classified as a conservation officer however.

154 posted on 01/11/2009 1:30:07 PM PST by Beagle8U (FreeRepublic -- One stop shopping ....... Its the Conservative Super WalMart for news .)
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