What Should I do, Caught DNR Stealing My Stuff???
05-05-2008, 08:38 PM
#21
Nontypical Buck
Join Date: Mar 2006
Location: Erie, Colorado
Posts: 1,530
RE: What Should I do, Caught DNR Stealing My Stuff???
My first take...
Without a warrant, this is an illegal search and seizure. Ok, can the feeder be seen from the road? Did someone see you hunting there?If so, then he has probable cause. It is illegal to hunt turkeys over bait. He isgathering evidence.
The WV rules pertaining to deer and the baiting of wildlife states:
[align=left]It is illegal to bait or feed cervids or other wildlife in a[/align][align=left]“Containment Area” as determined by the Director and[/align][align=left]established for the management, control or eradication of[/align][align=left]chronic wasting disease, bovine tuberculosis, avian influenza[/align][align=left]or other wildlife diseases. Song and insectivorous birds may[/align][align=left]be fed, provided that such feeding shall not cause, or be[/align][align=left]done in a manner that would be reasonably anticipated to[/align][align=left]cause, a congregation of cervids or other wildlife. [/align][align=left][/align][align=left]Is this considered a containment area?[/align][align=left][/align][align=left]Hmmm....maybe a misunderstanding.[/align]
Without a warrant, this is an illegal search and seizure. Ok, can the feeder be seen from the road? Did someone see you hunting there?If so, then he has probable cause. It is illegal to hunt turkeys over bait. He isgathering evidence.
The WV rules pertaining to deer and the baiting of wildlife states:
[align=left]It is illegal to bait or feed cervids or other wildlife in a[/align][align=left]“Containment Area” as determined by the Director and[/align][align=left]established for the management, control or eradication of[/align][align=left]chronic wasting disease, bovine tuberculosis, avian influenza[/align][align=left]or other wildlife diseases. Song and insectivorous birds may[/align][align=left]be fed, provided that such feeding shall not cause, or be[/align][align=left]done in a manner that would be reasonably anticipated to[/align][align=left]cause, a congregation of cervids or other wildlife. [/align][align=left][/align][align=left]Is this considered a containment area?[/align][align=left][/align][align=left]Hmmm....maybe a misunderstanding.[/align]
05-05-2008, 08:51 PM
#22
Nontypical Buck
Join Date: Apr 2008
Location: Pingree Grove, IL
Posts: 1,204
RE: What Should I do, Caught DNR Stealing My Stuff???
I would call a Lawyer first and foremost. All too often the police know the DNR around where I am at and everyone seems to look out for each other. I am not the biggest fan of Lawyers but at least they could view the laws. In this case I would think the DNR would be liable and you could have a lawsuit against them so they would likely can the guy and play nice to keep it out of court. Then again you are taking on the state so this could be a lose lose situation.
05-05-2008, 08:55 PM
#23
Nontypical Buck
Join Date: Feb 2005
Location: ILLINOIS
Posts: 1,207
RE: What Should I do, Caught DNR Stealing My Stuff???
ORIGINAL: iamyourhuckleberry
The WV rules pertaining to deer and the baiting of wildlife states:
[align=left]It is illegal to bait or feed cervids or other wildlife in a[/align][align=left]“Containment Area” as determined by the Director and[/align][align=left]established for the management, control or eradication of[/align][align=left]chronic wasting disease, bovine tuberculosis, avian influenza[/align][align=left]or other wildlife diseases. Song and insectivorous birds may[/align][align=left]be fed, provided that such feeding shall not cause, or be[/align][align=left]done in a manner that would be reasonably anticipated to[/align][align=left]cause, a congregation of cervids or other wildlife. [/align][align=left][/align][align=left]Is this considered a containment area?[/align]
The WV rules pertaining to deer and the baiting of wildlife states:
[align=left]It is illegal to bait or feed cervids or other wildlife in a[/align][align=left]“Containment Area” as determined by the Director and[/align][align=left]established for the management, control or eradication of[/align][align=left]chronic wasting disease, bovine tuberculosis, avian influenza[/align][align=left]or other wildlife diseases. Song and insectivorous birds may[/align][align=left]be fed, provided that such feeding shall not cause, or be[/align][align=left]done in a manner that would be reasonably anticipated to[/align][align=left]cause, a congregation of cervids or other wildlife. [/align][align=left][/align][align=left]Is this considered a containment area?[/align]
Interesting, that may change things!! If it is an illegal feeder, someone other than the CPO is gonna have some explaining to do [
]
05-05-2008, 09:01 PM
#24
Giant Nontypical
Join Date: Feb 2003
Location: PA
Posts: 9,085
RE: What Should I do, Caught DNR Stealing My Stuff???
hankfan, how do you know it was 1 minute after he took the card that it took his picture??
forgive my ignorance...maybe theres a way to tell...
but i know if someone takes the card from my digital camera i can take a pic a month later and store it on the camera and i have no idea when that card was removed...i know it was in there a month earlier the last time i charged the battery(or whatever..) but id have no way to know the time it was taken...id just know it was missing....
theres NO way at all that someone else took the card and left and he came in after and was the next picture to be taken?? thats all im wondering...i just dont see how it MIGHT not just be a coincidence that his picture was the next to be taken....
very well is most likely guilty....but i dont know theres a way to absolutly prove it
forgive my ignorance...maybe theres a way to tell...
but i know if someone takes the card from my digital camera i can take a pic a month later and store it on the camera and i have no idea when that card was removed...i know it was in there a month earlier the last time i charged the battery(or whatever..) but id have no way to know the time it was taken...id just know it was missing....
theres NO way at all that someone else took the card and left and he came in after and was the next picture to be taken?? thats all im wondering...i just dont see how it MIGHT not just be a coincidence that his picture was the next to be taken....
very well is most likely guilty....but i dont know theres a way to absolutly prove it
05-05-2008, 09:18 PM
#26
Fork Horn
Join Date: Sep 2007
Location: Eastern Oklahoma
Posts: 367
RE: What Should I do, Caught DNR Stealing My Stuff???
UUmmmm not doubting you,but it seems odd he would take just the card,and not all your stuff,he should know the workings of game camera's and realize they still can take pics with card gone....Maybe someone was going to steal everything at a earlier time and got spooked after seeing the cam and rushed and grabbbed card not knowing better....well anyway good luck hope it works out for you............
05-05-2008, 09:37 PM
#27
Join Date: Feb 2008
Location:
Posts: 56
RE: What Should I do, Caught DNR Stealing My Stuff???
Thats just screwed up! Report this clown to the police. I wouldnt call the DNR until the police do there thing.If you call them (DNR)this guys is gonna get spooked and toss the stuff before the cops can catch him with it. I feel sorry for you, but you have to go after this guy or he is going to keep doing it.
05-05-2008, 09:59 PM
#28
Nontypical Buck
Join Date: Feb 2008
Location: Central, Alaska
Posts: 1,774
RE: What Should I do, Caught DNR Stealing My Stuff???
ORIGINAL: Austin/WI
I'd call the police first, DNR second, and the local newspaper third if the first two calls don't produce anything
The third call tends to get results pretty quickly
Local agencies are always trying to aviod negative press, and if you have pictures, time data, and tire tracks to back it up - it will fly sky high in the newspaper.
I'd call the police first, DNR second, and the local newspaper third if the first two calls don't produce anything
The third call tends to get results pretty quickly Local agencies are always trying to aviod negative press, and if you have pictures, time data, and tire tracks to back it up - it will fly sky high in the newspaper.
05-05-2008, 10:09 PM
#29
Join Date: Mar 2008
Location: Georgia
Posts: 759
RE: What Should I do, Caught DNR Stealing My Stuff???
ORIGINAL: iamyourhuckleberry
My first take...
Without a warrant, this is an illegal search and seizure. Ok, can the feeder be seen from the road? Did someone see you hunting there?If so, then he has probable cause. It is illegal to hunt turkeys over bait. He isgathering evidence.
My first take...
Without a warrant, this is an illegal search and seizure. Ok, can the feeder be seen from the road? Did someone see you hunting there?If so, then he has probable cause. It is illegal to hunt turkeys over bait. He isgathering evidence.