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I received this postcard in the mail today asking if I've ever had an Ohio game warden trespass on my private property. Thought it was interesting and wonder what the motives are...
Tresspassing Wildlife Officers.
- Thread starter Jackalope
- Start date
I've always been told they have the right to go anywhere they want and seize any property they want if it involves a violation.
That's interesting cause I do recall either reading or seeing some post about this about year or two ago. Just did a quick search about the topic.
"Ohio wildlife officers have the legal authority to go onto private property, even when they don't have "good cause" to believe that the law is being violated. That's the ruling today from the Ohio Supreme Court. Statehouse correspondent Bill Cohen reports."
news.wosu.org
And another;
"Currently, under a legal precedent known as the "open fields doctrine," law enforcement may generally enter private land adjacent to public land without a warrant in their investigations. Jarchow, an attorney by trade, said allowing wardens on private property without reason is unconstitutional."
findanyanswer.com
"Ohio wildlife officers have the legal authority to go onto private property, even when they don't have "good cause" to believe that the law is being violated. That's the ruling today from the Ohio Supreme Court. Statehouse correspondent Bill Cohen reports."
Ohio Supreme Court: Wildlife Officers Can Enter Private Property Without 'Good Cause'
Ohio wildlife officers have the legal authority to go onto private property, even when they don't have "good cause" to believe that the law is being…
news.wosu.org
And another;
"Currently, under a legal precedent known as the "open fields doctrine," law enforcement may generally enter private land adjacent to public land without a warrant in their investigations. Jarchow, an attorney by trade, said allowing wardens on private property without reason is unconstitutional."
Do game wardens need a warrant to come on your property?
They have the 'right' to be on your private property, without warrant on suspicion of ANY crime. They have the right to inspect ANY container, regardless of it's location (for instance a freezer in your basement, whether or not that freezer exists).
findanyanswer.com
Last edited:
Ohiosam
*Supporting Member*
I don’t remember any exemptions for Wildlife officers in the 4th or 5th Amendments. 
That's interesting cause I do recall either reading or seeing some post about this about year or two ago. Just did a quick search about the topic.
"Ohio wildlife officers have the legal authority to go onto private property, even when they don't have "good cause" to believe that the law is being violated. That's the ruling today from the Ohio Supreme Court. Statehouse correspondent Bill Cohen reports."
Ohio Supreme Court: Wildlife Officers Can Enter Private Property Without 'Good Cause'
Ohio wildlife officers have the legal authority to go onto private property, even when they don't have "good cause" to believe that the law is being…
And another;
"Currently, under a legal precedent known as the "open fields doctrine," law enforcement may generally enter private land adjacent to public land without a warrant in their investigations. Jarchow, an attorney by trade, said allowing wardens on private property without reason is unconstitutional."
Do game wardens need a warrant to come on your property?
They have the 'right' to be on your private property, without warrant on suspicion of ANY crime. They have the right to inspect ANY container, regardless of it's location (for instance a freezer in your basement, whether or not that freezer exists).
"The open field doctrine is a term used in criminal law to stand for the concept that anything plainly visible to the eye, even if it’s on private property, is subject to a search since it’s not hidden. Under this doctrine, consent to inspect the location is not required in order for a law enforcement officer to observe and report on things in plain view and include observations made. An open field is not an area protected under the Fourth Amendment, and there is no expectation of a right of privacy for an open field."
Open Field Doctrine Law and Legal Definition | USLegal, Inc.
The open field doctrine is a term used in criminal law to stand for the concept that anything plainly visible to the eye, even if it’s on private property, is subject to a search since it’s not hid
Still researching on the exact specifics pertaining to Ohio.
Bigcountry40
Member
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"good cause" is up for interpretation and would be the basis for any court case. Years ago in Sandusky county a group of farmers were doing legal deer drives, GW went and set up on a patch of pines literally right in the line of fire where these hunters would drive and shoot at the deer. GW didnt have any orange on and concealed himself extremely well, long story short drive took place, deer shot at and the GW was lucky not be killed. According to the hunters/farmers the GW started screaming and hollering when the shooting started and came flying out of there at the end of the drive, things got really heated, if I remember correctly I think the hunters called the sheriff. I don't think any tickets were given because no laws were broke and I believe one of the old timers made a comment to the GW "I hope you learned your lesson"
Point of the story is I don't think to many GWs go wandering around unless they have real cause, most of the problems/interactions I or my buddies have had during hunting were with GW's that were brought in during Gun season and are assigned to lake erie counties during the rest of the year. Those guys seem to be clueless and sometimes look for trouble, home county GW's in really rural areas will wait at ur truck. Just my experience. Not trying to turn this into all GW's are dicks as most just trying to do their correctly.
Point of the story is I don't think to many GWs go wandering around unless they have real cause, most of the problems/interactions I or my buddies have had during hunting were with GW's that were brought in during Gun season and are assigned to lake erie counties during the rest of the year. Those guys seem to be clueless and sometimes look for trouble, home county GW's in really rural areas will wait at ur truck. Just my experience. Not trying to turn this into all GW's are dicks as most just trying to do their correctly.
I'm still searching for the exact law believe it or not, through "Ohio's Official Online Publication of State Laws and Regulations" and for whatever reason, it's not being very helpful, even going through several different codes. I have also searched several other sources as well, and again, very vague in definition and scope. Just seems like in a way, a fast one is being pulled off by the government somehow, somewhere, but I cannot be certain just yet.
Interesting topic though!
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Interesting topic though!
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“Open Fields”.
In Hester v. United States,337 the Court held that the Fourth Amendment did not protect “open fields” and that, therefore, police searches in such areas as pastures, wooded areas, open water, and vacant lots need not comply with the requirements of warrants and probable cause. The Court’s announcement in Katz v. United States338 that the Amendment protects “people not places” cast some doubt on the vitality of the open fields principle, but all such doubts were cast away in Oliver v. United States.339 Invoking Hester’s reliance on the literal wording of the Fourth Amendment (open fields are not “effects”) and distinguishing Katz, the Court ruled that the open fields exception applies to fields that are fenced and posted. “[A]n individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home.”340 Nor may an individual demand privacy for activities conducted within outbuildings and visible by trespassers peering into the buildings from just outside.341 Even within the curtilage and notwithstanding that the owner has gone to the extreme of erecting a 10-foot high fence in order to screen the area from ground-level view, there is no reasonable expectation of privacy from naked-eye inspection from fixed-wing aircraft flying in navigable airspace.342 Similarly, naked-eye inspection from helicopters flying even lower contravenes no reasonable expectation of privacy.343 And aerial photography of commercial facilities secured from ground-level public view is permissible, the Court finding such spaces more analogous to open fields than to the curtilage of a dwelling.344"
They have to follow the constitution as well. Is it easier for them to get a warrant than a regular police office? I don't know. Maybe. They still need a warrant to search.
I‘be had way more interactions at the truck then in the field…. 3 @ the truck, 1 in the field….
Now on the water? Between them and the coast guard I’m lucky too get any fishing in
Now on the water? Between them and the coast guard I’m lucky too get any fishing in
Ohiosam
*Supporting Member*
The open fields argument came out of prohibition. Laws that came out of Prohibition, “war on drugs” , “war on terror” etc have the founding fathers spinning in their graves
Dang coast guard has no sense of humor. - got checked at Edgewater had a damaged life jacket, tear, they said this one don't count - i said thats ok uhm the captain and go down with the ship -they said heres your ticket captain - wtfI‘be had way more interactions at the truck then in the field…. 3 @ the truck, 1 in the field….
Now on the water? Between them and the coast guard I’m lucky too get any fishing in
Haven’t been cited by any of them on the water. A guy I was fishing with should’ve but the kid was so flustered by his malarkey he missed a few items on the checklist
Must State Wildlife Officer Have ‘Good Cause’ To Enter Private Land to Check Hunting Licenses?
State of Ohio v. William Coburn, Todd Parkison, and Marvin Coburn, Case no. 2008-05366 th District Court of Appeals (Erie County)
ISSUE: Under the Ohio statutes that regulate the hunting of game, does a state wildlife officer have legal authority to enter a privately owned field to check the hunting licenses and bag limit compliance of persons he observes hunting on that property regardless of whether the officer has “good cause” to suspect that the hunters are violating any law?
BACKGROUND: On Sept. 1, 2006, William Coburn invited his father, Marvin Coburn, and a friend, Todd Parkison, to join him in hunting for mourning doves in a rural field owned by William Coburn. Erie County wildlife officer Jared Abele, who lived on rented property adjacent to Coburn’s land, observed the three hunters and saw them fire their weapons. He entered Coburn’s field for the purpose of checking the hunting licenses of Marvin Coburn and Parkinson. After entering the property, Abele observed several piles of wheat seed on the ground and an additional amount of wheat seed scattered on the ground in the area where the men were hunting.
Abele subsequently cited all three hunters for violating a state law that prohibits the hunting of game birds “by the aid of baiting or on or over a baited field.” The defendants filed a motion asking the Erie County Common Pleas Court to dismiss the charges against them. They asserted that Abele’s entry into Coburn’s field was illegal because Abele’s report did not set forth any “good cause” to believe a law was being violated prior to his entry onto a private property, and that the evidence obtained as a result of that illegal entry was therefore inadmissible. The trial judge held that under R.C. 1531.13 Abele was required to demonstrate “good cause” to believe a law was being violated before entering Coburn’s field, and because he had not made a showing of good cause that the charges arising from that entry must be dismissed.
The state appealed. On review, the 6th District Court of Appeals reversed the trial court’s ruling and reinstated the charges against the hunters. The court of appeals held that the trial court failed to consider a different section of law, R.C. 1431.14, that gives wildlife officers authority to “enter and be upon private property” while they are engaged in the normal and lawful “enforcement of laws or division rules relating to game or fish ... ” Because Abele’s normal enforcement duties include interacting with hunters he observes in order to check on their compliance with licensing and bag limit regulations, the 6th District held that his observance of the hunters in Coburn’s field was a legally sufficient basis for him to enter the property, where he observed the baited field that resulted in the charges against the defendants.
Attorneys for the defendants sought and were granted Supreme Court review of the 6th District’s decision.
They argue that the court of appeals’ ruling was contrary to prior state and federal court rulings in search and seizure cases holding that a law enforcement officer may not make a warrantless entry into private property unless the officer has an articulable reason to believe that a law has been violated. Because Abele’s mere observation of the three men hunting in Coburn’s field did not give him good reason to suspect any violation of law, they say, his entry onto Coburn’s property was contrary to law, and the trial court properly held that any evidence obtained as a result of his improper entry and observation of the field was not admissible against the defendants. They assert that, if affirmed, the 6th District’s ruling would give wildlife officers “unfettered access” to intrude into any and all private property in the state where hunting or fishing might take place, without demonstrating any cause to suspect illegal activity.
Attorneys for the state respond that the 6th District did not approve “unfettered access” by wildlife officers to any and all private property. They point out that the appellate opinion specifically stated that Abele was authorized to enter Coburn’s field under R.C. 1431.14 because he had observed the defendants hunting on that land.
They argue that the search and seizure decisions cited by the defendants apply only to police entry into a vehicle or private home and the area immediately surrounding it. Because a property owner has no ownership rights to fish or game occupying his land, and because hunting and fishing are highly regulated activities conducted in open outdoor areas, they assert, neither state nor federal courts have recognized an “expectation of privacy” that requires a showing of good cause before a wildlife officer may enter a private field where hunting can be observed to check for license and bag limit compliance.
Contacts
John R. Climaco, 216.621.8484, for William and Marvin Coburn and Todd Parkison.
Kevin J. Baxter, 419.627.7697, for the state and Erie County prosecutor.
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Yep, and getting stopped by 2 different entities, checking for different items? When they’re within eyesight of each other? Yeah, not a fan…. CG checking safety items. State conservation checking licenses and live wells….
CG will also run your information as they ask for a drivers license.
So @Jackalope , have you ever had a WO enter you property unannounced? And, are you tossing the post card or intend on responding at all? Curious if anyone one else in Ohio will/have get something like that in the mail?
I never seen a WO unexpectedly, just the ones I called on. I have however had county sheriffs show up unexpectedly in the woods, more than once. One time looking for a fugitive on the run, and the other was looking for trespassers that the landowner called for. I had permission to be on the property and was confronted by them. Apparently, the trespassers cut through the perimeter barbwire fence on the far side of the property, pulled their truck way into the woods and parked. Then sheriffs did get'em, all three of them. Happened about twelve years ago. After my hunt was spoiled, I watched the sheriffs place all three of them in their cars while I was leaving.
I never seen a WO unexpectedly, just the ones I called on. I have however had county sheriffs show up unexpectedly in the woods, more than once. One time looking for a fugitive on the run, and the other was looking for trespassers that the landowner called for. I had permission to be on the property and was confronted by them. Apparently, the trespassers cut through the perimeter barbwire fence on the far side of the property, pulled their truck way into the woods and parked. Then sheriffs did get'em, all three of them. Happened about twelve years ago. After my hunt was spoiled, I watched the sheriffs place all three of them in their cars while I was leaving.
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Never the GW but a sheriff once and the landowners son called him because my vehicle was "abandoned" I hunted the evening and that next morning. He thought I never left. I'm not responding because I haven't, and I don't know their intent.
Buckmaster
Senior Member
They pulled in our camp driveway during gun season one year and checked those of us that came in from the field hanging out around the cabin. One warning was issued....my unloaded shotgun was mounted in my ATV gun rack with the pump chamber closed on a Mossburg 500. He said I needed an open chamber. My reply, “so the mud gets into my chamber? I don’t think so.” I got a warning.
triple_duece
Ragin Cajun.
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Police do road blocks/checks around here and Mississippi. They also have a GW because he can do it all without a warrant. Possible suspicion and he can search even your freezer at home w/o paperwork. They have all the rights as troopers plus more.
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We had a WO that would sneak in and observe us in the trees. He would hunker down and wait for legal quitting time to make sure we unloaded our firearms at the exact minute. Then when we were heading to the truck with unloaded guns, he’d hope out and check our license. He did it so often for so many years, we expected it.
When he finally retired, my first meeting with his replacement set me on fire. I was in the middle of sneaking up on a bedded buck and was just about to get a shot when he came barging into the woods and ran the deer off! I’d been trying to kill that deer all year. I was furious and told him all about it. I killed that same buck but it took me another 11 months to get it done. I haven’t seen him since and that’s been ten years ago.
I called the DOW about the first WO because he had become just a nuisance. They told me he was well within his legal rights at that time to do whatever he felt he needed in order to catch us in a violation. He never did, because we play by the dang rules! Especially with that PIA WO always lurking!
When he finally retired, my first meeting with his replacement set me on fire. I was in the middle of sneaking up on a bedded buck and was just about to get a shot when he came barging into the woods and ran the deer off! I’d been trying to kill that deer all year. I was furious and told him all about it. I killed that same buck but it took me another 11 months to get it done. I haven’t seen him since and that’s been ten years ago.
I called the DOW about the first WO because he had become just a nuisance. They told me he was well within his legal rights at that time to do whatever he felt he needed in order to catch us in a violation. He never did, because we play by the dang rules! Especially with that PIA WO always lurking!