This could change things in ohio
- Thread starter Milo
- Start date
Chancegriffis
Active Member
Chancegriffis
Active Member
Again, you guys have to realize how bad things will get because of the “bad guys” taking advantage of it. Look at the big picture.
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I don’t mind them looking in the cooler or checking license. That is their job. That’s what we pay them to do. It’s different than hassling a man at his home as they did in this case. If they want to dig through your residence just because you work with wildlife parts, get a warrant.
I think they will argue that game belongs to the state and they have the right to enter anywhere they think property of the state is, at least that has been the argument in North Carolina
Chancegriffis
Active Member
I agree 100 percent there. Your home and your residence, your property, get a warrant. Out on state or public land or a federal waterway or something of that nature, they have rights to do their job. You technically have rights to resist said search and seizure, etc… but how far they will take it, is the question
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Not really. It's the same principle I all examples. Participation in an activity suspends one's 4th amendment right to be secure in your person and things without concern of illegal search and seizure. Checking coolers, licenses etc without probable cause of a crime shouldn't be allowed per the 4th amendment.
Its currently well established that officers can ask for a drivers license and proof of insurance during a traffic stop or during a roadblock where they ask everyone for the same. That is likely to be the case here, with regards to hunting licenses and search of personal property including car/truck/coolers. If they observe you hunting or have probable cause to believe you are hunting, they will be able to do what they do now. What I hope happens is that they will be forced to get a warrant to enter or search one's home or private property under any circumstances.
And I really don't care what 'the bad guys' will 'get away with' as a result. My rights are not to be bargained away on the altar of collectivism.
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Law enforcement can ask for license and insurance during a traffic stop as a result of an offence. They need reason to believe a crime was committed therefore they can make a stop and ask for a license and insurance. In Ohio police can't even pull you over if they observed you not wearing a seatbelt. Seatbelt infractions are secondary offenses and not primary. That does not stop them from pulling you over for something else though. Point being they need a reason besides you're driving to request a license and insurance.
For roadblocks they can ask because they are not targeting one individual in particular. It is indiscriminate and everyone going through that location is checked. In many states they also have to publish the location and times of those roadblocks in advance. This is how they get around the individuals 4th amendment rights.
Law enforcement cannot pull someone over for the sole purpose of checking the license and insurance as that's a violation of the 4th amendment.
My angle is engaging in an activity such as hunting or fishing does not establish probable cause that a crime has been committed. No more so than driving down the road, shopping at a store, owning a firearm, or any other activity one is allowed to do without worry of illegal search and seizure.
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Yep. I completely understand that. What Im saying though is that I expect, worst case, for the suit to be thrown out, or best case, upheld, but an exception carved out to allow for enforcement of game laws off of private property. Maybe Im just being too optimistic.
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Nah I think you're right. Too much of a cash cow for them to let it go and treat license inspection like a driver's license. He may get the private residence part but I doubt it applies to the business.
Something that doesn't sit right with me on the story he told.
During peak hunting season, Jeremy closes his taxidermy space and works solely on deer processing. After an hour-long inspection in December 2020, an officer asked to enter the closed taxidermy area. Jeremy asked him to return in a few weeks when he had resumed working on taxidermy, and the officer left without objecting.
What taxidermist doesn't take in deer during peak deer season? That's when they build all their work to carry them through season.
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It’s not the cops obligation to protect you, if so they’d pay for every crime. The wildlife doesn’t belong to the state or they would pay for ever deer that hit a car… I’m dam glad for that too as they would probably wipe them out as it would be a huge liability… anything the government owns, WE THE PEOPLE own… don’t mix that up
Sgt Fury
Sgt. Spellchecker
NJ just passed a law that will not allow me to bring a deer back from Ohio unless it is free of any spinal column and brain matter. The butcher I usually use doesn’t do any skinning for taxidermy work so I needed to find a taxidermist in the area who could skin the deer and cap the skull (clean brain matter and wrap for trip home). The guy in the article is the guy I found who does both butchering and taxidermy work. I went to his shop to check it out and it seemed like a good operation. He let me try some of the deer bologna that he makes and it was pretty good stuff. A lot more expensive then the butcher I used in Vinton county but it is closer to the motel and he does do taxidermy work. When I use his services, I’ll post how everything went on here.
Sgt Fury
Sgt. Spellchecker
You can kill 6 bucks and depending on what zone, unlimited does.
My friend says that you could have been an outlaw and just caped it out, brought it back to NJ and tagged it there....my friend is an asshole sometimes.
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Why does he charge +10 for rub or drag marks on a hide. Is he selling hides to offset costs?
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Sgt Fury
Sgt. Spellchecker
No idea…I just need the deer skinned for a mount and capped…figured that being he’s a butcher also, may as well get it done there instead of having it butchered in Vinton county and skinned in Hocking county.
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The guy I use sells tails to fly fisherman making flys he gets like 3-5 bucks a tail