Does a Pa WCO
01-28-2010, 11:44 AM
#22
Boone & Crockett
Join Date: Dec 2005
Location: Southwest Ohio
Posts: 10,277
The one common feature across states is that the standards for probable cause for entering private property are very low as well as very vague. I've never heard of an instance where a GW was required to prove that he heard a shot from a specific area before he went there to investigate.
01-28-2010, 12:20 PM
#23
Nontypical Buck
Join Date: Feb 2004
Posts: 2,262
The one common feature across states is that the standards for probable cause for entering private property are very low as well as very vague. I've never heard of an instance where a GW was required to prove that he heard a shot from a specific area before he went there to investigate.
01-28-2010, 12:28 PM
#24
Fork Horn
Join Date: Dec 2008
Location: Washington County
Posts: 143
have the right to enter my private property without probable cause? an if so must he produce to me the verifable probable cause if I request it when I stop them on my property?
ie, if I'm driving my old truck around on my farm and a WCO shows up..1. must he walk in only 2. when I ask him just what the lleh he's doing there must he produce to me proof that he had cause to enter my property without my permission prior to going any further?
ie, if I'm driving my old truck around on my farm and a WCO shows up..1. must he walk in only 2. when I ask him just what the lleh he's doing there must he produce to me proof that he had cause to enter my property without my permission prior to going any further?
A WCO only needs a tip or reasonable suspicion to enter posted land. Searches of houses and curtiledge require a warrant except in a very few instances. He does not have to inform you of his purpose other than to say he is conducting an investigation, However I would try to enlighten the landowner as much as I could without compromising the investigation. If there were established roads I may drive in, if there isn’t WCO’s aren’t going to make their own trail. I prefer being dropped off and walking in.
If you google "Open Fields Doctrine" It will explain
01-28-2010, 12:29 PM
#25
Boone & Crockett
Join Date: Dec 2005
Location: Southwest Ohio
Posts: 10,277
Not arguing with you, was just expanding somewhat on the issue of probable cause and entry onto private property. I'm very interested in the issue from a matter of legal policy, so am always keeping an eye out for situations where GW's get in trouble for unreasonable searches. havent found any yet, although i am sure that it happens.
01-28-2010, 12:29 PM
#26
Fork Horn
Join Date: Dec 2008
Location: Washington County
Posts: 143
01-28-2010, 12:35 PM
#28
Fork Horn
Join Date: Dec 2008
Location: Washington County
Posts: 143
blkpwdr good for you for reporting illegal activity but I wonder just how minute the % is of game law violators EVER get caught...most get out of sight from a road an go about their biz .
My main question is whether or not a WCO may drive onto my property or must they put their doughnuts & coffee down and walk in if univited an not chasing someone. And "if" they are allowed to drive their Jeep onto my field is the State responsible for any damage they may cause. Or am I expected to weather the cost for their stupidity?
guess I'll need to pull the gate shut an lock it at the end of the lane..it's nearly 1/2 mile back to my place and I doubt they'll walk that far for fear the birds will eat their crumb trail and get lost
My main question is whether or not a WCO may drive onto my property or must they put their doughnuts & coffee down and walk in if univited an not chasing someone. And "if" they are allowed to drive their Jeep onto my field is the State responsible for any damage they may cause. Or am I expected to weather the cost for their stupidity?
guess I'll need to pull the gate shut an lock it at the end of the lane..it's nearly 1/2 mile back to my place and I doubt they'll walk that far for fear the birds will eat their crumb trail and get lost
Not sure why you feel the need to take little jabs like that at WCO's. I guess it's easy when you can throw insuts from behind a computer in anonmity.
I dont eat doughnuts ( I do drink coffee) and I can shure as heck cover alot of ground on foot without a bag of bread crumbs.
01-28-2010, 12:53 PM
#30
Boone & Crockett
Join Date: Dec 2005
Location: Southwest Ohio
Posts: 10,277
I've got a question about the Open Field Doctrine. If entering an open area like that does not constitute a search, then why does there need to be any kind of tip or reasonable suspicion? Couldn't GW's simply go out and do foot patrols on private property in much the same manner as a beat cop walks the streets without having to articulate any reason to do so?