OPen Fields allows a PA Game Code Enforcement

[publichunter]

OPEN FIELDS DOCTRINE ALLOWS PA GAME CODE ENFORCEMENT
A Pennsylvania landowner was convicted for baiting bear after a tipster sent wildlife conservation officers to his hunting camp. The officers entered the camp several times despite "No Trespassing" signs, and found evidence of bear baiting, as well as DNA of the bear that was allegedly lawfully killed. The defendant argued that the Game Code provision allowing officers to enter property to enforce wildlife laws is an unconstitutional violation of his right to privacy. The court held that the "open fields" doctrine applies under the Fourth Amendment to the U.S. Constitution, and it "applies equally under the Constitution of this Commonwealth," such that the owner had no reasonable expectation of privacy from the officers' outdoor inspections on his land. Commonwealth
of Pennsylvania v. Russo, No.135 MAP 2005 (Pa.Supreme Ct., Nov. 20,

 

[Southdakotahunter]

You know what they are gonna s!ay PH....................They were tipped off! Thats different...........yada, yada, yada

 

[publichunter]

I know they will SDH, just like they say not even a snide comment when I told LB to put her money where her mouth is and challenge in Court "open Fields" not one comment.....

 

[Anonymous]

I think I'm beginning to see why SD landowners are closing off land to hunting :shock: :wink:

 

[publichunter]

why oldtimer? aren't we entitled to say our personal views just like you and others. All of you can and have said many things that I consider rude or otherwise. But I guess thats different?

 

[passin thru]

You haven't figured it out yet have you PH?

 

[Anonymous]

why oldtimer? aren't we entitled to say our personal views just like you and others. All of you can and have said many things that I consider rude or otherwise. But I guess thats different?

Maybe I'm reading these posts wrong-- but they appear to me to be more confrontational rather than solutional....

Also appears to me that if sportsmen are having so many problems with landowners (and visa versa) , that the sportsmen would be bending over backwards trying to find solutions to the problems- rather than just arguing over what they can get away because it may or may not be legal... If this road hunting is causing problems or anticipation of problems- maybe they need to work on an answer to take care of it....Its just hard for me to comprehend the Legislature passed/or that the sportsmen even asked for a law that would allow anyone in the world to stand in the highway and shoot a bird flying over my private property and then walk into my back yard and pick it up when it dropped on my lawn where my grandkids swing set and trampoline are :shock: :???:

To me this is not hunting- and only plays into the hands of those groups that would like to stop all hunting !!!!!!!!!!! And to me its hard to believe "sportsmen" would support it...

 

[passin thru]

To me this is not hunting- and only plays into the hands of those groups that would like to stop all hunting !!!!!!!!!!! And to me its hard to believe "sportsmen" would support it...

Exactly, Oldtimer..............these guys are becoming their own worst enemy. Like I said before that I love hunting and fishing, and that sportsmen are PR people for their sport and they better do their job or their grandchildren will not get to enjoy their sport.

 

[publichunter]

The fact of the matter oldtimer is in Montana there is so much public land to hunt on, in South Dakota 93% of the land is private, the rest is indian res. public lands, Black Hills Etc. if we did not have road hunting there would be very little places for the resident and non-resident hunters to hunt for free. South Dakotan's make very low wages, I live in this state for hunting, I dont make enough to pay someone to hunt on so I rely on my Landowner friends and public lands to hunt on including the ROW.

 

[passin thru]

Heres a novel idea PH, go ask the landowner. You might find that most are receptive if you do not go in with a chip on your shoulder, like some on this board.



Oh, a side note.............I wish my hobbies were free, but they aren't.

 

[publichunter]

PT I understand that and I give up many days of labor to find places to hunt, I have nothing against any of you. I just get rufflrd when those on here catogorize most of us as slobs, want to do away with road hunting for pheasants and small game, it is the same reasonyou get rufflrd when Tony Dean takes a shot at those that public grazing and sore topics like that, trying to stop open fields whan the Courts have oked it, I know what it takes to have landowners who allow me to hunt and I discuss all of these things with them, most of the time we agree and when we dont we still remain friends and discuss it like adults..

 

[P Joe]

Its just hard for me to comprehend the Legislature passed/or that the sportsmen even asked for a law that would allow anyone in the world to stand in the highway and shoot a bird flying over my private property and then walk into my back yard and pick it up when it dropped on my lawn where my grandkids swing set and trampoline are :shock: :???:

This right here, what you just wrote is a PRIME example of the whole problem. The misunderstanding of road hunting. What you have described above is ILLEGAL. That person can loss their license for a year for doing what you excatly said. How many times do I have to post the rules for you and everyone else for that matter. What you guys are pissing and moaning about is all ILLEGAL acts. If you have a problem with someone, take it up with the game warden, if you have a problem with them, then call the sheiff, if that doesn't work, well............ then maybe take a look at your selfs and ask why won't these people help me. :!:

 

[P Joe]

Heres a novel idea PH, go ask the landowner. You might find that most are receptive if you do not go in with a chip on your shoulder, like some on this board.

hmmmmm....... who seems to have a certain type of entitlement to them selfs here. :???: :?
I don't think SDH, PH or I have ever said we deserve to hunt for free on you land. Personally, I would never WANT to hunt on you. All we have done is defend the rules that both YOU and I are to follow. YOUR opinion is not law so to he!! with you for coming down on us for following the law.

You once said that the landowner holds the trump card. (any entitlement there :shock: ), thats a pretty strong statement giving the fact that us landowners and rual people are on the decline. You start putting things to a vote and we may very well be on the losing end of things.

Did you know that in many other state you can hunt anything that isn't posted???? Do you think we would win if that was ever put to a vote??

You keep down that road with you attitude, and maybe some day the hunters will stage their own lock in. We'll have so many animals around that we'll be chasing down hunters to shoot the things. This wildlife doesn't feed itself. It's a bill so to speak to carry each one. PT, do you honestly expect someone to buy your bills????? Do you expect the predator control units to pay you to shoot coyotes??? Then why do you expect the deer hunter to pay you to shoot deer???

 

[passin thru]

PT I understand that and I give up many days of labor to find places to hunt, I have nothing against any of you. I just get rufflrd when those on here catogorize most of us as slobs, want to do away with road hunting for pheasants and small game, it is the same reasonyou get rufflrd when Tony Dean takes a shot at those that public grazing and sore topics like that, trying to stop open fields whan the Courts have oked it, I know what it takes to have landowners who allow me to hunt and I discuss all of these things with them, most of the time we agree and when we dont we still remain friends and discuss it like adults..

I do not consider you as a slob, and maybe you can hunt roadways. The thing is you are dealing with public perception and you must fight the stigma of being a cruel hunter. So you might have to Kiss a little a--.
A little hint, do everything in your power to show the difference in you and these slob hunters. But keep pushing complaining about landowners and you will get what you dislike the most of more and more fee hunting. Landowners have a value in hunting rights that is marketable but most get more enjoyment over letting someone hunt for nothing. The landowner can be the hunters biggest ally or worst nightmare, and for all our sake.....stop in visit, talk hunting, ranching, farming, or gun rights. United we stand....divided we fall.

I don't get ruffled with Dean and his public grazing, he is wrong. Those ranchers are paying for those grazing rights. I said before that I looked at these grazing rights...........all things considered it was expensive grazing. He is being hypocritical when he advocates spending over 90 billion for wildlife conservation and complains because ranchers are renting(paying) grazing land. Why is so hard for some to see that the rancher and farmer are doing more for wildlife preservation than any gov program is doing.

 

[Doug Thorson]

You once said that the landowner holds the trump card. (any entitlement there ), thats a pretty strong statement giving the fact that us landowners and rual people are on the decline. You start putting things to a vote and we may very well be on the losing end of things.

I said that in another thread a month ago about the walk in hunting. GF&P stupid policies, hunters with attitudes and Tony Dean and his whining to try to make most landowners look like the bad guy have went a long way toward closing down the sport they love.

My quote from another thread.

No doubt that the issue of hunting of any kind will be on the ballot in the near future. Doing away with the second ammendment hasn't worked as well as they want so maybe the easiest way will be to do away with hunting so there will be no real reason to own a gun.

Now why would anyone want the poor light that road hunting puts out to the public and the divisiveness that it causes from a hunters only ally(landowners) and then to top it off get confrontational about it?

 

[Work Hard and Study Hard]

I've found the easiest way to kill Bald Eagles is off power lines. What are some of your favorite Bald Eagle recipes? My wife and I prefer our eagle cooked as a sort of "turducken" with an "Arkansawed" Great Horned Owl shoved inside the eagle and then the two birds placed on a grill over a half full can of bud light.