Can the DNR confiscate ?

[amboy49]

As gun whitetail season approaches some friends and I were telling horror stories ( or urban legends ) we've heard about the DNR powers. One guy brought up the topic of hunting over bait. I did a quick Google search and learned it's a Class C misdemeanor ( the lowest ) that can result in a $500 fine and/or up to six months in jail. BUT, one of the guys said the DNR can also confiscate all of your hunting gear, your truck, your underwear, etc.

Urban legend or fact ?

Wondering if someone can point me to actual Indiana case law, code, or whatever is applicable to actually define the liability possibilities.

 

[indyjohn]

Let me go out on a limb here..

Yep, if you've broken a law. They are going to take those items which a) you used to commit said crime, and b) those items you gained from committing said crime.

 

[AngryRooster]

IIRC the DNR is one of the most powerful agencies in the state. If they choose to then I believe they can. There was another thread that discussed this a while back although I don't remember which one. Had something about ginseng and state parks in it. Others will chime in soon that know more than I.

 

[Bfish]

They can confiscate things.

 

[BehindBlueI's]

Violation Penalties
A violation of a fish and wildlife law or
regulation is a Class C infraction. If it is
done with knowledge or intent, it is a Class C
misdemeanor.
Any person who takes a deer or wild turkey
in violation of any regulation will be penalized
$500 in addition to any other penalty under
the law and can be charged with a Class B
misdemeanor or Class A misdemeanor (with a
prior conviction). Equipment such as guns and
vehicles used in intentional violation of fish
and wildlife laws may be seized for evidence
and, upon conviction, confiscated at the discretion
of the court.

Taken from the .pdf download of Hunting & Trapping guide available at: DNR: Hunting & Trapping Guide

 

[Fargo]

Taken from the .pdf download of Hunting & Trapping guide available at: DNR: Hunting & Trapping Guide

According to the Court of Appeals, that is not really correct as regards firearms last I looked. To seize firearms, you have to use the firearms seizure statute, you can't use the DNR catch all statute which allows open ended judicial forfeiture. The DNR has lost this repeatedly on appeal.

State v. Souder 444 NE2d 891

 

[croy]

Yes. I was salmon fishing in Michigan seveal years back and a guy admitted to snagging one. You can snag, just not intenionally and you must release a snagged fish. He didn't they took all his fishing gear and his truck.

 

[bocefus78]

Yep. If it's used in the crime, or suspected used, it CAN get taken. My neighbor got popped for baiting and trespassing while doing so....all he got was a $300 ticket. No stands, corn, camouflage, wallets, or guns were confiscated.

 

[yote hunter]

No for a first offence they will only fine the hunter for hunting over bait, now the second time your in trouble they will go after your stuff... Just talked the DNR last week about this he had just busted a guy for hunting over bait and said its up to the prosecutor, but for a first offence it would be a $500 fine and you/they will be watched for several years after baiting and if caught again they will go after your 4 wheeler/gun/bow/truck or whatever you had at the time and it would be sold at auction and you could buy it back... But again its up to the prosecutor as to how they want to pursue it... When it happens the DNR office makes a report and it goes to the prosecutor and he/she will decide as to how or what will be done, but the DNR officer can ask for a request for any action such as revoking your hunt privileges for life or a term they see fit , but again its up to the prosecutor.. The DNR doesn't have room to store things such as trucks, 4 wheelers and big items as this so the first time its just a fine... He also said on a 2nd offence they will go to your home and see if there are any other items such as deer/animals/fish that had been gained illegal ... This is Per the DNR...

 

[amboy49]

So . . . . . The CO determines you have been illegally hunting over bait and then may just decide he'll just drop by your house and make a complete search of the property without a search warrant - then decides whatever he ( or she ) finds on the wall, in the freezer, or hanging in a tree is illegal gotten gains and seizes every mounted ( or unmounted ) hide, claw, talon, feather and eyeball, gun/bullet/bow/arrow and article of hunting clothing, ATV, 4 wheel drive truck, and you lose your Lifetime hunting license, pay a fine, and spend time in jail.

Have I got this right ?

Kinda goes like this - "Okay Mr. Illegal Hunter, I've decided I've got the goods on you so you may just as well fess up and give me every detail of everything you've ever done wrong in your life starting with Kindergarten to the present so you just go ahead and make it easier on yourself and I can then take it easy on you - you know, just a few details so I can go ahead and wrap this up - you understand. Miranda - no, don't believe I've ever heard of him."

Like that ?

 

[Fargo]

So . . . . . The CO determines you have been illegally hunting over bait and then may just decide he'll just drop by your house and make a complete search of the property without a search warrant - then decides whatever he ( or she ) finds on the wall, in the freezer, or hanging in a tree is illegal gotten gains and seizes every mounted ( or unmounted ) hide, claw, talon, feather and eyeball, gun/bullet/bow/arrow and article of hunting clothing, ATV, 4 wheel drive truck, and you lose your Lifetime hunting license, pay a fine, and spend time in jail.

Have I got this right ?

Kinda goes like this - "Okay Mr. Illegal Hunter, I've decided I've got the goods on you so you may just as well fess up and give me every detail of everything you've ever done wrong in your life starting with Kindergarten to the present so you just go ahead and make it easier on yourself and I can then take it easy on you - you know, just a few details so I can go ahead and wrap this up - you understand. Miranda - no, don't believe I've ever heard of him."

Like that ?

IME most people consent to such searches because they don't understand their rights or the powers of a CO. Many CO's think the warrant requirement doesn't apply to them, even though the Ct of Appeals has said otherwise for decades.

 

[bwframe]

IME most people consent to such searches because they don't understand their rights or the powers of a CO. Many CO's think the warrant requirement doesn't apply to them, even though the Ct of Appeals has said otherwise for decades.

Good stuff here. Thank you sir!

 

[Thor]

We had an airspace users meeting some time ago. The Forest Service came and had a briefing slot. They showed up wearing guns, demanded to know what unit was flying F16's over their land and said that they were there to confiscate the airplanes and arrest the pilots. Everybody just stared at them for a minute then the general running the meeting asked them what their issue was specifically.

Long story short, their issues were resolved and they haven't tried that particular trick again. If they had gone to the flight line with guns drawn I'm sure it would have been an 'interesting' day.

 

[amboy49]

We had an airspace users meeting some time ago. The Forest Service came and had a briefing slot. They showed up wearing guns, demanded to know what unit was flying F16's over their land and said that they were there to confiscate the airplanes and arrest the pilots. Everybody just stared at them for a minute then the general running the meeting asked them what their issue was specifically.

Long story short, their issues were resolved and they haven't tried that particular trick again. If they had gone to the flight line with guns drawn I'm sure it would have been an 'interesting' day.

I didnt know the Forest Service "owned" land ? Can you explain what that means please -

 

[johncarries]

Yes the DNR can impound all equipment used to break the law.

 

[yote hunter]

So . . . . . The CO determines you have been illegally hunting over bait and then may just decide he'll just drop by your house and make a complete search of the property without a search warrant - then decides whatever he ( or she ) finds on the wall, in the freezer, or hanging in a tree is illegal gotten gains and seizes every mounted ( or unmounted ) hide, claw, talon, feather and eyeball, gun/bullet/bow/arrow and article of hunting clothing, ATV, 4 wheel drive truck, and you lose your Lifetime hunting license, pay a fine, and spend time in jail.

Have I got this right ?

Kinda goes like this - "Okay Mr. Illegal Hunter, I've decided I've got the goods on you so you may just as well fess up and give me every detail of everything you've ever done wrong in your life starting with Kindergarten to the present so you just go ahead and make it easier on yourself and I can then take it easy on you - you know, just a few details so I can go ahead and wrap this up - you understand. Miranda - no, don't believe I've ever heard of him."

Like that ?

Not quite like that but if busted the 2nd time they can come to your home and if there are dead deer there you will have to be able to give dates of the kill and they can go back check for lic. and info related to the harvest.. That info is recorded upon tagging the animal.. If you cant show proof of a legal harvest it can be taken and you can be charged for it... As for weapons or ATV's trucks go it is what you was using at the time you were busted in the field , not what's at your house... So to clear it up a little if you are busted in the field "hunting" for the 2nd time they "the DNR" can take your weapon "bow/gun" at the time you were busted and if you was using your " truck/ATV" to get there then they "the DNR" can confiscate it... Now as far as them coming to your home there may very well be a warrant needed not sure on that but it wouldn't be to hard to get from a judge if he was informed of what had just happened if busted for a 2nd time for poaching/baiting...

 

[Thor]

I didnt know the Forest Service "owned" land ? Can you explain what that means please -

Not really any more than I could explain why they thought they would walk a away with a wing of F16s. They were obviously out of their 'jurisdiction'. Anything they attempted to do that day would have ended up with bad consequences for them. What they got was a liaison officer to help settle disputes.

The Forest Service, Fish and Wildlife, and a host of other BLM agencies think they own the land. Same for the Park Service, look at the latest 'Yes We Cone' shut down of public facilities. They are wrong on so many levels.

If Teddy Roosevelt saw what they were doing today he would have made Yellowstone a private enterprise.