wilkes

I bet we will see some changes in the way the baiting laws are enforced. I for one think its a stupid law any way.Its dangerous for every one involved to approach a turkey hunter. There are more accidental shootings involving turkey hunters than any other hunting sport. But I still feel a warden has the right to check you on private property.

Let me help you. The safe guard is a second oponion or a blessing from a magistrate. What is wrong with getting a magistrate on your side before you dress in camo and sneak up on a grandpa in the night?

It was a tragedy. And i hope some changes will be made to prevent this from ever happening again.

168 A good man was gunned down over if there was a piece of corn on the ground or not. Minton could have had a pocket full of corn and killed a whole neighborhood in the name of baiting and walked away. Where are the safe guards?

I dont Know what happened so I cant say any thing about the incident. Was not there. But I do feel a warden has the duty to enter private property if a crime is reported. What happened after that I cant speculate.

If wild life officers are trained to regard animal life to be more important than human life then we have a problem.

I didn't draw any lines that was done by the Untied States Supreme court. I agree with you up to a point ,but land ownership does not include ownership of wildlife. It is resource which belongs to every one.

All I am saying is that government people need to respect the rights of the people that they are paid to protect and in this case the government people have failed all of us.

I don't care about where you want to draw a line between a man's back yard and his fence and I don't care where you want to draw a line between a man's garden and his barn the bottom line for me is that you want to draw a line between me and my "effects". My "effects" are what is on my property. It is all about what I own and controll. If I farm my property then it is an open field but if I groom my property to be a paradise then it is not an open field and subject to every government agency tresspassing over it. It is my paradise and part of my castle because I am anowner and every owner has a right to have a castle.

From the article in the FBI journal mentioned earlier ( In the United States V Dunn the Us Supreme set forth 4 factors to be considered when deciding whether a area is with in the curtilage of the home: (1) What is the proximity of the area to the home,(2) Is the area within the same enclosure as the home, (3) what is the nature of the use to which the area is put, (4) What steps have been taken by the resident to protect the area from the view of passersby? In Dunn the case was made that a barn located 60 yds from the house was not part of the curtilage.

A major selling point for a residence is a tree or two and maybe a garden spot or a creek with a waterfall. We all love a natural setting and find ways to enjoy our back yards. Thomas Jefferson set aside 64 acres as his curtilage for his retreat yet Clyde had less than half of that for his retreat and some chump game warden comes into Clyde's paradise "curtilage" and kills him. The moral of this story is if you have a nice piece of property don't be suprised if there are all sorts of government agents snooping around wanting to confront you with a gun claiming that they do not need a warrant.

Check (The FBI LAW enforcement Bulletin ) April 1998 a article by Edward M Hendrie Titled (Curtilage: the expectation of privacy in the yard) This is the best example Ive found.

If you feel his constitutional rights were violated you need to contact the US attorneys office, They can file even if the state chooses not to. But in the research I have done, one place that states that the court decided that you do not have the same level of expectation of privacy out doors as you do in your intimate property,Your home, office, or bedroom,for example It also stated heavily wooded land was not a exception. This is all I have been able to find to date and I realize that it will change no ones mind. I just try to show the info in a rational manner.

Minton did not search an open field. He sneaked into the wooded area of a man's back yard where there was an "expectation of privacy" and killed the old man that lived there. There is a big difference.

In this Case 454 f2d United States v Gerald E Cain the the US court of appeals,Seventh circuit states that ( Under Federal Law the search of open fields without a search warrant is not constitutionally unreasonable. this is true even though entrance to the area searches was gained by trespass.) The decision cites Hester v US The court also went on to conclude (That a mere trespassatory entry onto open land does not violate a otherwise lawful search) stated on page 86. I realize that the case involved a federal wildlife officer but the constitutional issues are the same. The warden made entry and discovered baiting.

Check out ( United States vs Gerald E Cain)

The point I tried to make is that Constitional Law does not exempt game wardens and give them special powers.

The first local police department established in the United States was the Boston Police Department in 1838. The duties of the early American Sheriff, however, were similar in many ways to its English forerunner, centering on court related duties such as security and warrants, protection of citizens, maintaining the jail, and collecting taxes

There have been people serving as LEOS since colonial times. The first sherriff in the country was William Stone appointed in1634 in Accomac Shire, later to become Marylands eastern shore.