SH: "You have clearly contradicted yourself ("do whatever they want whenever they want") by admitting that CO's cannot conduct illegal searches."
Contradiction? I don't think so. Please read these former posts:
LB: ""A CO cannot search the house without a search warrant. They CAN search buildings outside of the immediate surroundings of the home, including any sheds, barns, cellars, etc., without a warrant."
SH: "A conservation officer cannot do whatever he wants on your land. Open Fields is specific to checking hunters in the line of duty and assisting with human health and safety issues."
LB: "Oh for pete's sake! Of course he, or anyone else, can do anything on my land, provided it's legal, if I agree to let him. Where on earth did you get that idea?"
Hopefully, I've made my position clear.
SH: "Ken and Joe both clearly created the illusion that CO's can conduct illegal searches and both are clearly wrong on that as are you to suggest they never said it."
Would you please quit putting words in other folk's mouths? They said what they said. No more. No less. Give it a rest!
SH: "Oh, I see, now lets pick and choose which laws we are going to enforce."
Tut, tut, tut. You've got it wrong again. It's landowners who are insisting on laws being enforced and GF&P that is trying to circumvent the constitution. We have great respect for the laws of the land and we wish that GF&P did too.
Brad S: "LB, "Under the Open Fields Doctrine, you have the right to allow the game warden to do anything he wants on your land."
If LB posted this, she is mistaken. Private ownership rights allow a landowner to GIVE access - something we call cooperation in the free world."
I don't remember saying it that way, if I did, I misspoke because I can't give anyone, not even a game warden, permission to break the law. I DID say: "Of course he, or anyone else, can do anything on my land, provided it's legal, if I agree to let him," and I stand by that statement.
Brad S: "Contrary to SH's legal scholarship, SD can't take surface property rights from landowners."
Exactly!!