Question for drone users

[Wind Gypsy]

Interesting. Made me do a little reading up on the open fields doctrine. We covered curtilage pretty thoroughly in school but not open fields. Do you know when the next two parts are going to be published?

Part 2 is out, haven't seen part 3.

Are Game Wardens Watching You? — Part 2: The Poacher with a Past

State and federal game wardens were watching Tennessean Hunter Hollingsworth because he had, in fact, been poaching wildlife.

www.fieldandstream.com

 

[Catscratch]

It's sort of a conflict of interest type of thing. I want criminals investigated and laws enforced. I don't want someone investigating ME. Not because I'm worried but because I am not a criminal and don't appreciate unwarranted scrutiny. Where's the line between privacy and "doing enough"? I lean towards stay the hell out of my business, and personally feel everyone is entitled to that same view.

 

[Wind Gypsy]

I'd have to do a lot more deep thinking to have a general stance on the surveillance issue I could stand by. On one hand not allowing any surveillance on private property without a warrant basically makes poaching on private property (by landowners or those granted access) next to unenforceable as long as the poacher has half a brain and some self restraint. On the other, I have had a couple minor instances where wardens made incorrect negative assumptions about me and it sucked to have to prove I'd done nothing wrong. I'd sure hate to have a bunch of unwarranted surveillance and attention messing up my property. I'm of the opinion that the vast majority of these circumstances are likely warranted by actual crime being investigated.

I'll be honest and say that at the beginning of that field and stream article my brain was thinking "corrupt warden BS!" and by the end it had flipped 100% to "freakin poachers tappin into anti govt and law enforcement rhetoric to deflect away from their lowly poaching ways".

edit to add - I think the charge for theft of the game camera is BS! A warrant should absolutely be necessary for long term surveillance via game camera or drone.

 

[swat1018]

I've been in law enforcement for 30+ years. Without the open field doctrine there is a lot of law enforcement actions that will be crippled. It is not always easy to get a probable cause warrant. The case of the planted trail camera is the exception, not the rule. Our agency does not use a camera on private property without a search warrant to enter and place the device. I'm all about privacy, but I understand the criminal mind, and if the open field doctrine is weakened or abolished game thieves will be the only ones that prosper.

 

[Howboutthemdawgs]

I've been in law enforcement for 30+ years. Without the open field doctrine there is a lot of law enforcement actions that will be crippled. It is not always easy to get a probable cause warrant. The case of the planted trail camera is the exception, not the rule. Our agency does not use a camera on private property without a search warrant to enter and place the device. I'm all about privacy, but I understand the criminal mind, and if the open field doctrine is weakened or abolished game thieves will be the only ones that prosper.

Exactly. And the guy in Tennessee had some shady past dealings. This wasn’t just some wardens running around hanging cameras Willy nilly across the landscape. Wardens aren’t wasting their time messing with you if you have nothing to hide, there’s too few of them and too many scumbags out there to do that.

 

[Maddog66]

I like my privacy and I respect everyone who feels the same. BUT

I have a tiny mavic mini that I’ve only flown over my own hunting property (or friends) and never over about 300’ high and 3/4 mile out. I like to take short video clips and still photos of my land at different times of year, but mostly from late winter through late fall.

I enjoy keeping track of food plot progress, checking on my trails for deadfall’s, and watching for ‘bear circles’ and deer damage in the corn.

On warm spring days when we still have snow, you can see the trails deer used all winter. They really stand out. It’s good to know all the places where deer enter and exit your property, imo.

Seeing the big picture is valuable for me too. I’m never flying my neighbors property, but getting that kind of elevation with those optics let’s you see the natural “flow” of the surrounding area. Particularly natural bottlenecks and anything “new” going on in the neighborhood as far as land management.

I rarely see deer on my flights but when I do, they are usually moving out. Turkeys are often initially ok but they start heading slowly for the woods edge pretty soon. Bears couldn’t care less….they might stop eating for a few seconds, but they seldom vacate. Crows and ravens are gone before the drone hits 50’ high.

My guess for what is in the field photo…….

 

[buckdeer1]

Best example if it hasn't been brought up was the town close to air force base that was flying drones over town so the town set rules on what could be used to shoot them down and when.Air Force changed their mind.Believe it was in CO