Pa Bear hunter case in the supreme court
12-21-2005, 03:12 PM
#1
Giant Nontypical
Thread Starter
Join Date: Feb 2003
Location: SW PA USA
Posts: 7,220
Pa Bear hunter case in the supreme court
This'll be interesting:
The case ofbear hunter who was accused of baiting has made it to the state supreme court. After a hunter checked his bear in at a check station, It seems the game warden got an anonymous tip,entered the guys property without a warrant even though it was posted and supposedly found bear bloodnear some apples close to the guys home.
If the guy baited the bear he should fry but whats wrong with the idea of that warden taking a few minutes to get a warrant? It could well be that game wardens will end up having to do just that.
Not sure where to land on this one. On one hand, I'm a big proponent of our right to privacy and private property should be just that, private. On the other hand, I could see a landowner with enough ground to hunt where he couldnt be seenmaking his owngame lawsand that wouldnt be good.
The PGC already lost a case regarding stopping you for no reason and demanding ID in May. The law allowing that was deemed unconstitutional. Could thiscase do the same to the law allowing wardens wanting to walk past no tresspassing signs on a hunch?
I read it in Pa outdoor news but here's a link on the web to the story.
http://www.boston.com/news/local/new_hampshire/articles/2005/12/02/hunter_challenges_pa_game_commission_over_warrantl ess_searches/
The case ofbear hunter who was accused of baiting has made it to the state supreme court. After a hunter checked his bear in at a check station, It seems the game warden got an anonymous tip,entered the guys property without a warrant even though it was posted and supposedly found bear bloodnear some apples close to the guys home.
If the guy baited the bear he should fry but whats wrong with the idea of that warden taking a few minutes to get a warrant? It could well be that game wardens will end up having to do just that.
Not sure where to land on this one. On one hand, I'm a big proponent of our right to privacy and private property should be just that, private. On the other hand, I could see a landowner with enough ground to hunt where he couldnt be seenmaking his owngame lawsand that wouldnt be good.
The PGC already lost a case regarding stopping you for no reason and demanding ID in May. The law allowing that was deemed unconstitutional. Could thiscase do the same to the law allowing wardens wanting to walk past no tresspassing signs on a hunch?
I read it in Pa outdoor news but here's a link on the web to the story.
http://www.boston.com/news/local/new_hampshire/articles/2005/12/02/hunter_challenges_pa_game_commission_over_warrantl ess_searches/
12-21-2005, 05:37 PM
#3
Nontypical Buck
Join Date: Jan 2005
Location:
Posts: 1,233
RE: Pa Bear hunter case in the supreme court
Game Wardens should have no place trespassing.
If he had reasonable cause to believe that a crimewas actually in progressthat would be an exception.
If the facts that you stated are correct then I see no reason that the Warden should have be allowed to enter the property without a warrant. Of course given the information provided he would not have had enough evidence to get one in the first.
If he had reasonable cause to believe that a crimewas actually in progressthat would be an exception.
If the facts that you stated are correct then I see no reason that the Warden should have be allowed to enter the property without a warrant. Of course given the information provided he would not have had enough evidence to get one in the first.
12-22-2005, 05:05 AM
#7
Join Date: Mar 2003
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Posts: 317
RE: Pa Bear hunter case in the supreme court
OK, let's see if I have this one straight. The guy poached a bear over bait. He isn't claiming to be innocent, but wants the charges dismissed because the game officer found the evidence without a warrant. Does this one remind you of cases like where a murder or rapist gets off on a technicality because he has a smart lawyer? It does me. Most of us would whine and moan about the criminal getting off on a technicality, but it seems that in this case we are on the poacher's side.
I would agree with the supreme court deciding that in future cases game wardens must get a search warrant before going on to private land to search for evidence, but the warden in this case followed the law as it existed at the time. The guy who poached the bear should receive the full penalties under the law. Change the law if you think it is wrong, but don't let a guilty guy walk. Just my opinion.
I would agree with the supreme court deciding that in future cases game wardens must get a search warrant before going on to private land to search for evidence, but the warden in this case followed the law as it existed at the time. The guy who poached the bear should receive the full penalties under the law. Change the law if you think it is wrong, but don't let a guilty guy walk. Just my opinion.
12-22-2005, 05:53 AM
#8
Giant Nontypical
Thread Starter
Join Date: Feb 2003
Location: SW PA USA
Posts: 7,220
RE: Pa Bear hunter case in the supreme court
The guy is claiming that he didnt bait the bear. Based onthe two articles I saw, he sounds guilty but, then, I dont really trust any of the media.
I agree that it'd be a terrible shame to see him go unpunished if he did bait the bear. On the other hand, a law that give game wardens more power than the police is just plain wrong and should go bye bye. Unfortunately, if the law is deemed unconstitutionsl, thebaiting conviction goes out the window, no matter how guilty the guy may be.
I agree that it'd be a terrible shame to see him go unpunished if he did bait the bear. On the other hand, a law that give game wardens more power than the police is just plain wrong and should go bye bye. Unfortunately, if the law is deemed unconstitutionsl, thebaiting conviction goes out the window, no matter how guilty the guy may be.
12-22-2005, 12:57 PM
#9
Typical Buck
Join Date: Dec 2005
Location: PA
Posts: 522
RE: Pa Bear hunter case in the supreme court
WCOs have no special powers. Theyare bound by the same constitutional limitations as any other LE officer. It's up tothe court to decide if the WCO stepped over the line on this one.
12-22-2005, 01:01 PM
#10
Join Date: Mar 2003
Location:
Posts: 317
RE: Pa Bear hunter case in the supreme court
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My friends all drive Porsches, I must make amends,
Worked hard all my lifetime, no help from my friends,
So oh Lord, won’t you buy me a Mercedes Benz ?
Now, for the rest of you, here is what I want for Christmas:
Janis said it best, didn't she?
"Mercedes Benz"
Oh Lord, won’t you buy me a Mercedes Benz ?
My friends all drive Porsches, I must make amends.
Worked hard all my lifetime, no help from my friends,
So Lord, won’t you buy me a Mercedes Benz ?
Oh Lord, won’t you buy me a color TV ?
Dialing For Dollars is trying to find me.
I wait for delivery each day until three,
So oh Lord, won’t you buy me a color TV ?
Oh Lord, won’t you buy me a night on the town ?
I’m counting on you, Lord, please don’t let me down.
Prove that you love me and buy the next round,
Oh Lord, won’t you buy me a night on the town ?
Everybody!
Oh Lord, won’t you buy me a Mercedes Benz ?
My friends all drive Porsches, I must make amends,
Worked hard all my lifetime, no help from my friends,
So oh Lord, won’t you buy me a Mercedes Benz ?