Was talking to one of the members on our new lease a couple of days ago. He said he ran into a guy trapping turtles on our lease and told him he was Tresspassing. The guy said he could because he worked for the Government SAY WHAT!! Our member didnt know if this was right or not, and let the guy go about his buisness!! I told him I would have ran his butt off Gov worker or not. Can anyone enlightnly me on this subject?? If this is legal I still think its a bunch of crap!!
Was the guy legit, did he have credetials, uniform, anything. If he was a game warden then yes, it seems they can do what they want. I guess maybe state biologists could do the same, but I would think a bio. would ask permission before doing research on private property.
In MO, a conservation officer can enter any property he/she wants, so long as there is probable cause. And, that's a rather loose definition. But, they can't just stroll onto my property w/out reason.
Did he show proof of his claim? Like a badge, or documents, Gov't I.D. ? Sounds like he was tring to save his butt.. If not, then I guess the government is doing a lot of turtle research lately .. Personally, I think the guy was quick on his feet to come up with a decent excuse. I would have called the C.O. or something to get confirmation. If I'm wrong, you should still be able to ask the gov't worker notify you and let you all know his business there..Fair enough. edit... NEVER trust the guy that says: " I'm here from the Government and I'm here to help you".
LOL....Obama, spreadin' the wealth around! No way they have permission to be there trapping on your land, I don't care who they are. CO & GW....they "might" have permission to go on the land for probable cause, but that would depend on the state. Coming on to trap...no way.
Same in PA but without probably cause, they cannot enter your property without permission and they cannot even retrieve game if you advise them not to. Happened last year with twild, the state trooper nor the game warden was allowed to retrieve a deer from an anti's property because they said no.
This obviously differs from state to state, but game wardens actually have a great deal of authority that allows them to enforce a variety of laws in the state of MO. They even have the authority to enforce most laws that the regular police enforce. They have the authority to enter onto private lands for investigative purposes. They need some reason, however they only need "reasonable suspicion" that there may be evidence of a crime on your property. This requires much less than probable cause, if an officer establishes probable cause then you will be arrested. Probable cause is the requirement they must meet to make a search or seizure, ie...obtaining a search warrant. Now keep in mind, they have permission to enter, but that does not mean drive a motor vehicle onto your property. If you don't want thier vehicle driving on your property then you can have them remove it, however they may enter by foot at anytime with resonable suspicion. In the case mentioned in this thread, it determines what position he holds with the state and what authority he has. If he has any authority at all, granted by the state, he is required to carry credentials that allow him to carry out duties with regards to his specific authority. If they don't have it with them, then they don't have the authority to be there, ask them to leave. For you guys who have dwelling or buildings on your hunting properties, these have a whole other set of rules. These dwellings and buildings are protected under the 4th admendment. An officer must obtain consent or a search warrant before entering these areas including what is called the curtilage. This includes any outbuildings, detached garages, or sheds and other things of that nature.
I don't know how things differ exactly from state to state, but no officer has the right to trespass. However, if they are on duty and operating under the color of law, then I'm sure they have the authority to enter onto private lands to make inspections or investigative inquiries.
Trapping turtles.....no! As others said, for probable cause. Get it taken care of or next he will be "hunting" on the property because he is a "government employee".
We are making a lot of assumptions here too. "Working for the government" can mean a lot of things. Hell he could be a mailman. They don't have any rights to trespass. I would say short answer to the quesiton, no he did not have a right to be there without stating what his position was and what busniness he had there AND showing ID.
I know that in Ohio, all they need is probable cause. Which could be ANYTHING. We always joke how the safety organization with the most freedom is the GW, then Fire/EMS, then cops :D
Thanks guys, As Bry said Government worker could mean alot of things. I know for a fact that he is not a warden, the member gave me his name, I already checked. If I run into him he should be prepared for a whole lot of questions and to show his credentials as mentioned. I have the Wardens # in my contact list, and Ill call if needed. I just dont like people trying to pull the wool over our eyes like that. To be honest, If he would have just ask if he could trap turtles then im sure we would have let him, We mainly Hunt on the property anyway. Im calling BS on this guy!!
