Interesting Iowa DNR Story

[Howboutthemdawgs]

So without any kind of investigational authority, game laws on private land are at best dependent on a neighbor letting the wardens know something is up. I can see about a hundred yards into my neighbors land in most places so I will keep that area on lockdown and just hope they don’t poach past that security zone. Maybe I can get a drone, patrol all around the neighborhood, then let LE know if I see something fishy and they can investigate.
The whole premise that the enforcement body put in charge of protecting our game, can’t even remotely do its job doesn’t sit well with me. If I were a poacher you know how well I’d sleep at night knowing that so many people want to hamstring the authorities.
I don’t think many folks want to allow LE to operate with reckless abandon, and those that do should be held accountable, but reasonable methods should be allowed in my opinion

 

[Skeeter]

So without any kind of investigational authority, game laws on private land are at best dependent on a neighbor letting the wardens know something is up. I can see about a hundred yards into my neighbors land in most places so I will keep that area on lockdown and just hope they don’t poach past that security zone. Maybe I can get a drone, patrol all around the neighborhood, then let LE know if I see something fishy and they can investigate.
The whole premise that the enforcement body put in charge of protecting our game, can’t even remotely do its job doesn’t sit well with me. If I were a poacher you know how well I’d sleep at night knowing that so many people want to hamstring the authorities.
I don’t think many folks want to allow LE to operate with reckless abandon, and those that do should be held accountable, but reasonable methods should be allowed in my opinion

Warrantless searches are unreasonable.

 

[Westwind]

I don’t see this warden being anything but inconvenienced unless he lied on the warrant application and someone can prove it.

“Checkmate.” What a goober.

 

[goatman]

You do realize that there are drones used to find live bedded bucks and hunted the same day? The lust for hero pics. And shouldn't be legal to fly over private property without permission.

 

[SwampCat]

So without any kind of investigational authority, game laws on private land are at best dependent on a neighbor letting the wardens know something is up. I can see about a hundred yards into my neighbors land in most places so I will keep that area on lockdown and just hope they don’t poach past that security zone. Maybe I can get a drone, patrol all around the neighborhood, then let LE know if I see something fishy and they can investigate.
The whole premise that the enforcement body put in charge of protecting our game, can’t even remotely do its job doesn’t sit well with me. If I were a poacher you know how well I’d sleep at night knowing that so many people want to hamstring the authorities.
I don’t think many folks want to allow LE to operate with reckless abandon, and those that do should be held accountable, but reasonable methods should be allowed in my opinion

Most poachers now days post their illegal activities on social media

 

[BenA]

I've had hot air balloons fly right above the tree line while I was hunting. I've had them skim the water in my pond outside my back door. The air use above our property needs to be regulated better.

 

[swat1018]

Warrantless searches are unreasonable.

There are exemptions to the search warrant requirement. One exemption is "plain view," meaning if a violation can be observed from a place a LEO can be, no search warrant is required. If a LEO is patrolling with a UAV and sees a marijuana grow, or a pile of corn, a search warrant is not required. That being said there are gray areas. A LEO can't target one property and go looking for said marijuana or pile of corn without a warrant. If on a routine patrol flight and witnesses a violation, fine.

 

[Bill]

There are exemptions to the search warrant requirement. One exemption is "plain view," meaning if a violation can be observed from a place a LEO can be, no search warrant is required. If a LEO is patrolling with a UAV and sees a marijuana grow, or a pile of corn, a search warrant is not required. That being said there are gray areas. A LEO can't target one property and go looking for said marijuana or pile of corn without a warrant. If on a routine patrol flight and witnesses a violation, fine.

Which is why I don’t understand how the Coast Guard can board my boat 65 miles from land to do a safety check??

Last year during a tournament they brought a frigate out to the canyons, lowered a rubber center console into the water and coasties boarded many boats. They got me during the last hour of light (best fishing of the day)

Love and honor what those guys do but that sucked!!!!

 

[swat1018]

Florida just enacted the Boater Freedom Act that outlaws safety checks without another reason to stop. I'm sure more will follow.

 

[Westwind]

Gotta remember every jurisdiction is different. I hate seeing discussions like this, everyone can give a different answer and be right in their area.

Little things matter in the law, and states have constitutions. States can’t give you less rights than the U.S. Constitution but they can give you more.

 

[Bill]

Little things matter in the law, and states have constitutions. States can’t give you less rights than the U.S. Constitution but they can give you more.

You should read the N.J. Gun laws. States can give less rights then the feds.

 

[Mortenson]

And IL's SafeT Act, brought to you by proud democrats.

 

[Skeeter]

There are exemptions to the search warrant requirement. One exemption is "plain view," meaning if a violation can be observed from a place a LEO can be, no search warrant is required. If a LEO is patrolling with a UAV and sees a marijuana grow, or a pile of corn, a search warrant is not required. That being said there are gray areas. A LEO can't target one property and go looking for said marijuana or pile of corn without a warrant. If on a routine patrol flight and witnesses a violation, fine.

I understand what the legal system allows. However, a warrantless search is not automatically reasonable just because it has color of law. I believe my initial statement is still correct
In your example of an officer performing a normal drone patrol and observing what they believe to be an illegal grow, it would still be prudent to get a search warrant unless they can show exigent circumstances.

 

[Skeeter]

Gotta remember every jurisdiction is different. I hate seeing discussions like this, everyone can give a different answer and be right in their area.

Little things matter in the law, and states have constitutions. States can’t give you less rights than the U.S. Constitution but they can give you more.

The government does not grant rights, only privileges. When it comes to rights, it's simply a question of whether or not the government recognizes your rights or infringes upon them. Some may say that it's merely semantics, but I believe the distinction to be important.

 

[H20fwler]

People’s right to expect privacy on their own property is not to much to ask or fight for.

We need better drone laws, technology has surpassed common sense and the expectations of our individual rights.
Trespassing is trespassing, not asking much that someone not fly over my property snooping…I definitely think any law enforcement of any kind should have to get a warrant.

IMO it is totally government overreach and private dbags doing it is trespassing.

 

[Howboutthemdawgs]

How are wardens gonna get a warrant without being able to do their research? I have enough land away from sight where I could pile up several thousand pound cornpiles and shoot turkeys 365 days a year. I don’t do social media so I’m not one of the morons that posts hero shots every time I leave the house. If you can’t fly over or walk on my property I have carte Blanche to commit game violations and other violations without worrying about the authorities. I could easily cultivate 60 acres of opium without ever being visible to a road or neighbor. Additionally, whether we agree or not with it, this is the states game not the current properties owners where it happens to reside at that moment. In order to ensure our game is protected we have passed laws for that purpose. If we have laws we have the duty to enforce them.

 

[SD51555]

It's not pleasant to think about, but keep in mind, once power is taken from the people and given to government, it can be wielded by the worst among us. I'm not saying it will be. I still think most rank and file law enforcement is good, but the bad eggs with a badge, gavel, or pen, can run wild over you if they feel like it.

Think covid lockdowns, untested vaccination mandates, TSA tooth paste laws and granny gropers, DUI checkpoints, stop light cameras, phone data harvesting, social workers, food police, farming police, speech police, etc.

California will take away your kids if you don't sterilize them once the school brainwashes them into it. England is locking people away for wrong think today. Governments attack and exterminate their own people every day. Think Uyghurs, Palestinians, Bosnians, Russians in the Donbas, white farmers in South Africa, Germans inside Poland, Aliwites, Kurds, Shiites, Christians in every country we've armed radical muslims, etc.

All those actions have the blessing of law. All that overreach started with a temporary 1% tax on the wealthy to fund a war. Now most people cannot paint their own shed without a permit.

 

[H20fwler]

How are wardens gonna get a warrant without being able to do their research? I have enough land away from sight where I could pile up several thousand pound cornpiles and shoot turkeys 365 days a year. I don’t do social media so I’m not one of the morons that posts hero shots every time I leave the house. If you can’t fly over or walk on my property I have carte Blanche to commit game violations and other violations without worrying about the authorities. I could easily cultivate 60 acres of opium without ever being visible to a road or neighbor. Additionally, whether we agree or not with it, this is the states game not the current properties owners where it happens to reside at that moment. In order to ensure our game is protected we have passed laws for that purpose. If we have laws we have the duty to enforce them.

Your thought process on personal rights and expectations differs from mine.

And just because someone doesn’t want people/government trespassing on them in no way means they are breaking any laws.

 

[Westwind]

You should read the N.J. Gun laws. States can give less rights then the feds.

Yep- my post was poorly worded. State constitutions can restrict government conduct more than the U.S. constitution. Apologies.

And IL's SafeT Act, brought to you by proud democrats.

It’s terrible. Not really a constitutional issue though.

The government does not grant rights, only privileges. When it comes to rights, it's simply a question of whether or not the government recognizes your rights or infringes upon them. Some may say that it's merely semantics, but I believe the distinction to be important.

Yep. Poorly worded on my part. In this case I think it’s interesting that in order to analyze it you have to know that Iowa restricts drone use for everyone over “secure farmsteads”. So then you gotta figure out if this is a “secure farmsteads”…. That means an agricultural feeding area for agricultural animals” or something like that.

So I live in a neighboring state. The drone laws are a lot less clear here. Flying a drone “could” constitute trespass but it just isn’t black and white like it is in Iowa. The other difference is law enforcement is REALLY restricted here. No way a warden could fly a drone looking for bait here. Not without a warrant etc.

The next thing that is complicated about the Iowa case is the warden didn’t fly the drone. He received footage from a private person that flew the drone and passed it on to him. The warden then got a search warrant based on that. So was the private person acting on behalf of law enforcement? Did the warden say “Hey I can’t go obver there and I don’t have a drone but if YOU did it…”. See how that makes it different?

The next thing is that when a law enforcement officer has a warrant, the search is assumed to be valid on its face. There has already been a judge putting a stamp of approval on it. Thats why I don’t think this lawsuit is going anywhere. UNLESS they can prove the warden lied to get the warrant. It just sounds to me like whoever tipped the warden off wasn’t willing to come forward once stuff got real.

That was what I was trying to say. It’s complicated and the laws are different in every state. And the reason is scumbag attorneys. I don’t want people or cops snooping around my farm. Don’t want them flying drones over it.

 

[Westwind]

Your thought process on personal rights and expectations differs from mine.

And just because someone doesn’t want people/government trespassing on them in no way means they are breaking any laws.

“Is the government conduct/intrusion reasonable” is the question. And thats going to be different in every case.

Thats why I hate legal discussions on stuff like this in forums. Even the lawyers disagree