Court: Game wardens can enter posted property
Full Story: The Morning Call
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Apparently, a jackbooted thug dressed in green is still a JBT.
In my experience they have been the nicest JBTs I've been unfortunate enough to cross paths with. I agree with Cappy. This guy may have been a crook but the law is the law. Of course the law is only the law if the powers that be say it is. You're screwed if you're not rich. |
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Game Wardens in Pa carry more power then the Pa State Police. No doubt this guy hunted over bait but I think the warden should have at least ask the owner to allow a serch of his property. if refused, get a serch warrent. Thats what a state trooper would have to do to enter the property but a game warden can just walk on the land. defining the line here is very questionable at best.
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Cappy and the JBT might walk into my .45 if there is no warrant, even if I am innocent. I do believe my United States Constitution outweighs the jerks at the commonwealth level and if I am wrong, I will pay the consequences. I am glad they got the SOB though.
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I have considerable first hand knowledge about this case. There was never an intended search. The warden went to the camp to talk to the owner when he saw a larg pile of apple mash (bait) with blood at the edge. He also saw the impression of a bear lying on its side in the mash. He also found a black bear gut pile loaded with apple mash near the camp. All was in plain view and 90 feet from the cabin. Supreme Court ruled that no warrant is necessary if evidence is in plain view and in a field or woods.
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The biggest "jerks" are guys like you that game wardens have to deal with. Cappy voted AGAINST the wardens in the Supreme Court Opinion. He is on your side, so why shoot him? AND the United States Constitution clearly states that open fields are not subject to a search warrant. PA Supreme Court could have been more restrictive but they ruled that the Commonwealth Constitution is not more restrictive in searches as it is written. So put that .45 up where it belongs and take the time to read the Opinion, that is, of course, if you read above a 3rd grade level.
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RE: "You're screwed if your not rich..."
The poacher who took this fight all the way to the PA Supreme Court must have spent thousands of dollars, not to mention his $3500 fine and costs. I'll bet he thinks he got screwed just the same. Money doesn't always overcome the truth.
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As a landowner who is constantly chasing hunters who do not first ask for permision off my land I am in full suport of these game wardens checking my property. I post no Hunting signs but if you are willing to ask me and seem safe enough I will gladly let hunters hunt on my property. But I want them policed so any game warden is welcome the last thing I need a a law suit because someone who does not get my permission hurts himself on my property.
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