Conservation Officer needs no search warrant (?)

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  • amboy49

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    Feb 1, 2013
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    I've heard it said countless times by friends and fellow hunters. "A conservation officer doesn't need a search warrant - he can come on to your property anytime he wishes and perform a search." Search your vehicle, etc.

    Is this actually true and, if so, what is the background or rationale for this unlimited police power ? Obviously we have all heard about the need for a search warrant by "regular" law enforcement. If a C.O. effects a warrantless search, is any evidence found during the search admissable in court ?
     

    Kutnupe14

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    I've heard it said countless times by friends and fellow hunters. "A conservation officer doesn't need a search warrant - he can come on to your property anytime he wishes and perform a search." Search your vehicle, etc.

    Is this actually true and, if so, what is the background or rationale for this unlimited police power ? Obviously we have all heard about the need for a search warrant by "regular" law enforcement. If a C.O. effects a warrantless search, is any evidence found during the search admissable in court ?

    Yep. I didn't believe it either when I first heard it. Actually, I was baffled at the powers they had. Was in court on Monday, and a Rabbit Ranger had a guy who had poached a deer, he apparently walked right into his barn took the deer and charged him. He was going to take his firearm and his ATV.
     

    DoggyDaddy

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    Wow, I hadn't heard of this before. If true, that seems like a serious oversight in the law. I wonder if it's ever been challenged in court?
     

    ghuns

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    ...Rabbit Ranger...

    :laugh:

    That's a new one to me. Not sure if they would take that or fish cop to be more derisive.

    If I EVER see one, I'll ask.;) I remain convinced that I am more likely to meet sasquatch than a CO in my woods.:coffee:
     

    rotortech

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    :laugh:

    That's a new one to me. Not sure if they would take that or fish cop to be more derisive.

    If I EVER see one, I'll ask.;) I remain convinced that I am more likely to meet sasquatch than a CO in my woods.:coffee:

    I have only hunted deer for 3 seasons. I have permission from a friend to hunt his 100 acre farm. I am the only one on the property hunting. The first year I was there I was sitting on a ridge with my back to a tree overlooking a field. It was about 19 degrees, windy, with snow on the ground and almost sunset. The CO walked up behind me and asked to see my license. I stood up and almost laughed. It seemed odd to me that this guy would park on the road, walk 400 or 500 yards to check on one guy hunting on a farm. My best guess is that a neighbor saw me and wanted me checked out. That's ok with me. I asked the CO to leave his card on my vehicle in case I ever needed to contact him. He did.

    I am still waiting for Sasquatch . . .
     

    littletommy

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    A holler in Kentucky
    yeah, when the DNR shows up, you better have your bags packed. Power trip!!!

    I've ran into a few over the years, in Indiana and Kentucky, never had a problem with em' and never got an attitude from them, but, I was within the law on each occasion, too. I'm not trying to say all of them are nice people to deal with, just the ones I've met have been completely reasonable.
     

    DragonGunner

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    Yep. I didn't believe it either when I first heard it. Actually, I was baffled at the powers they had. Was in court on Monday, and a Rabbit Ranger had a guy who had poached a deer, he apparently walked right into his barn took the deer and charged him. He was going to take his firearm and his ATV.


    Poacher lucky he didn't take his firearms and ATV, and for that matter if it was on his property I think they can even seize that. Long ago I heard of some guys that got caught poaching from a new truck, the owner lost it. DNR have a lot of power, only ever knew one that was a jackwagon and he's gone. All the others I have met are pretty dang good people and officers. Couple years ago a local got caught poaching a deer in a wildlife refuge, the CO was just going to give him a ticket but the guy started blowing him crap, lol….the guy shot the deer, dragged to his property and had it hanging….the CO finally got sick of it and arrested him.
     

    Leo

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    I've ran into a few over the years, in Indiana and Kentucky, never had a problem with em' and never got an attitude from them, but, I was within the law on each occasion, too. I'm not trying to say all of them are nice people to deal with, just the ones I've met have been completely reasonable.
    That has been my experience also. One time there was an injury and the officer was helpful in getting first aid. Good experience.

    A friend whom I trust had a bad situation where someone WAS in the wrong, but my buddy did not do it. It was like the CO was going to collar someone to close the investigation, and my buddy just happened to be the easiest person. Things got messy with lawyers and everything.
     

    meyer4589

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    Feb 25, 2011
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    It was a few years ago but I was with my dad checking in a deer at Jasper Pulaski and there was a guy who illegally killed a doe on their property during firearms season. I dont think they took his shotgun or anything g like that but they fined him $5 a pound on the doe he killed.
     

    BehindBlueI's

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    Yes, they can walk in your woods without a warrant. So can I. Open Fields doctrine. If they see criminal activity in plain view, they can use the plain view exception to the warrant rule.

    Additionally, there are some "implied consent" type laws that apply to hunting and fishing. Like the implied consent laws for driving related to a DUI investigation, but geared toward verifying licenses, bag limits, etc. It is in Indiana Code if you are fishing they can compel you to show a fishing license, for example. They can also search your fish basket, game bag, vehicle, etc. They CANNOT just walk into a house, barn, etc. without one of the exceptions any other cop needs.

    14-22-39-3 : Indiana Code - Section 14-22-39-3: Searches of effects; entry onto property

    (a) As used in this section, "public or private property" does not include dwellings.
    (b) The director and conservation officers may:
    (1) search a boat, a conveyance, a vehicle, an automobile, a fish box, a fish basket, a game bag, a game coat, or other receptacle in which game may be carried; and
    (2) enter into or upon private or public property for the purposes of subdivision (1) or for the purpose of patrolling or investigating;
    if the director or conservation officer has good reason to believe that the director or conservation officer will secure evidence of a violation of this article or a law for the propagation or protection of fish, frogs, mussels, game, furbearing mammals, or birds.
     

    printcraft

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    Uranus
    Why are CO allowed to do a traffic stop?
    That is jacked up. Save our fish, leave the police work to the police.
     
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