Itrap4u: If you tell someone that your vehicle can't be searched without permission, how much more illegal activity would take place? More, the same or less? Probable cause gives the right to search things in plain view.
Unless I've very mistaken, my vehicle cannot be searched without my permission unless law enforcement has what is known as probable cause. Probable cause means that the law has reason to suspect that a crime has been committed. If a drug dog smells pot in the trunk, that is probable cause. If there is drug paraphernalia laying in the seat in plain sight, that is probable cause.
If there is a dead body in the trunk and no sign of a murder having taken place anywhere in plain sight and the driver's face hasn't shown up on a wanted poster, there is no probable cause and the trunk cannot be searched without either a warrant, a tip or some other evidence to indicate probable cause. Law enforcement officers cannot just open my trunk, your trunk or SH's trunk without probable cause.
A hunter walking out in the field on opening day of antelope season, dressed in orange and packing a rifle is not evidence of a crime being committed. Where is the probable cause in that case?
Itrap4u: Even though your property is private the plain view access overides that.
Oh, no it doesn't!! Back that statement with a quote from whatever law you think allows that.
Itrap4u: The way it stands, I don't think a game warden can come onto your property and start looking through your sheds ort house or barns without probable cause or more so a warrant? Is this right or wrong? They have the right given by the state and the people of that state to search grounds in conducting their job!
Law enforcement needs a warrant to search within the curtilage, which is the grounds and buildings immediately surrounding a dwelling and associated with it. A shed or other building outside of the yard around the house is not within the curtilage and is not protected from warrantless search.
Itrap4u: Take away the access and crime will go up! If you can dispute that go ahead. If more law breakers know that they can't be checked then more game laws will be broken.
I do dispute this statement – back it up with some facts, not just your opinion.
SH: This latest lockout attempt stemmed from an illegal aerial hunting incident in Harding Co. that resulted in the arrest of the lock-out supporter's private pilot. The private pilot was found guilty in a court of law. He received a slap on the wrist and is back in the air again and this is how his supporters retaliated.
IF OUR PILOT CAN'T TRESPASS WITHOUT BEING ARRESTEND BY CONSERVATION OFFICERS DOING THEIR JOB THAN NOBODY CAN HUNT MY WAND. WAAAAAAAHHHHH!
If that isn't twisting the facts, I don't know what it is. I might also remind you that the pilot was not arrested by a conservation officer and was only convicted of a misdemeanor. The rival pilot who brought the charges against the predator control pilot in an attempt to get his job has since been convicted of a felony for almost beating his second wife to death and served time in the state pen. Gives you a pretty good idea of the kind of fellow GF&P was running with, doesn't it?
Since Scott loves to bring this subject up, I'll post an article about the trial for those of you who have forgotten about it:
Aerial coyote-hunting case goes to S.D. court
By Carson WalkerAssociated Press — Sept. 15, 2003
SIOUX FALLS, S.D.
The tale of two coyotes goes to trial this week.
The federal court case involves the rarely charged crime of unlawful aerial hunting. The victims: two coyotes that were killing lambs in Harding County.
Those two carcasses have unleashed a stink that's been simmering for more than a decade in South Dakota's northwest corner.
"There are a lot of people in Harding County and some here in Pierre who are more than fed up with this whole issue. "— Al Miller
Federal prosecutors charged Jerry Janvrin of Buffalo with two counts of violating the federal Airborne Hunting Act after he acknowledged shooting the coyotes from his Piper Cub on Sept. 9 and 11, 2002, near Ludlow.
If convicted, Janvrin could get two years in prison, pay a fine and forfeit his airplane and Benelli shotgun, which already were seized.
The trial is scheduled for Tuesday and Wednesday in U.S. District Court in Rapid City.
A federal agent arrested Janvrin March 31, handcuffed him, shackled him and drove him to Rapid City for his first court appearance on the two misdemeanors. He hasn't been allowed to fly since.
In court papers, federal prosecutors say Janvrin was warned about breaking the law in 1991 and has since been killing coyotes and fox without permission. That includes the two days in question, when Janvrin killed two coyotes on Lex Burghduff's ranch without authorization, prosecutors say.
In an affidavit, U.S. Fish and Wildlife agent Robert Prieksat says Janvrin acknowledged killing the coyotes and falsifying his daily log report.
"Janvrin stated he did not get along with Burghduff and stated that he screwed up, in referring to the aerial hunting," says Prieksat.
But Janvrin's lawyer says Burghduff doesn't get along with Janvrin, either.
For about the last 15 years, Janvrin has been the main pilot for the predator control district that includes Harding County. That form of local government collects a tax on livestock and pays pilots to respond to complaints of coyotes and fox terrorizing sheep and cattle.
Pilots must first get the permission of the local trapper who works for the state Game, Fish and Parks Department, or at least report a kill soon after they hunt. In Harding County, the trapper is Rod Yoder.
According to a court document, Yoder told the predator district's board of directors annual meeting in 2000 that he would no longer give Janvrin permission to hunt.
"Instead, Yoder said the only person he would give pre-hunt authorization to would be Burghduff," Janvrin's lawyer wrote.
Yoder also said he would not authorize anyone for hunting, "although if hunting did occur, he would not do anything about it," the lawyer wrote.
At the same meeting, Burghduff presented a petition with the names of ranchers who supported his bid to fly for the predator board, according to the memorandum.
Based on Yoder's comments and that petition, board members gave Burghduff a one-year contract but withdrew it when they found out some of the names were forged — which Burghduff denies.
"This caused further animosity by Yoder and Burghduff toward Janvrin," Janvrin's lawyer wrote.
Some ranchers say they lost thousands of dollars in young livestock to predators this year because of the long-standing feud that grounded Janvrin.
And the bad blood has forced managers at the Department of Game, Fish and Parks in Pierre to get involved several times.
In a Nov. 25, 1991, memo, Al Miller, then the GF&P's supervisor of animal damage control, told Janvrin and Yoder to get along.
Miller told Janvrin to do a better job asking Yoder for permission before hunting and told Yoder to acknowledge those requests. Janvrin tried to communicate better with Yoder, but Yoder didn't do likewise, Miller wrote.
"There are a lot of people in Harding County and some here in Pierre who are more than fed up with this whole issue," Miller told Janvrin and Yoder.
GF&P leaders got involved again this year because of the feud, which prompted the agency to change aerial hunting rules in Harding County.
Before, pilots had to get the trapper's permission before they hunted. Now, pilots can call another number to report a kill within a reasonable amount of time.
September 15, 2003
http://espn.go.com/outdoors/general/news/2003/0915/1616709.html
