Game Warden question

[wakefield724]

I just had a question about Game Wardens in Pa. If a person owns land, let's say 20 acres and hunts on his land which he owns... Why is it legal for Game Warden to come onto the land? Police, FBI, CIA all need warrants or reasonable suspicion to step foot on your property. Why is it any different with Game Wardens. It is like a police officer walking into your house to make sure you are not committing crimes.

[G17-5291]

I heard that game animals are actually the "property" of the game commission and since animals roam freely, they are able to check up on them so to speak to make sure that all regs are being followed. (i.e. hunting game animals on private land)

Maybe I'm wrong, but that could explain part of the situation.

[soberbyker]

Very old thread but answers your question:

http://forum.pafoa.org/general-2/211...dens-have.html

[ChrisUSMC]

I heard that game animals are actually the "property" of the game commission and since animals roam freely, they are able to check up on them so to speak to make sure that all regs are being followed. (i.e. hunting game animals on private land)

Maybe I'm wrong, but that could explain part of the situation.

You are exactly right. I asked a game warden about this a couple of days ago. State game wardens have more power than just about any other law enforcement in pa. Every animal big or small belongs to the state.

[P89]

Yup, if they suspect game laws are being broken there is no stopping them, not even a warrantless search of your home...you pretty much signed off when you bought your hunting license.

[phoenix01]

You are exactly right. I asked a game warden about this a couple of days ago. State game wardens have more power than just about any other law enforcement in pa. Every animal big or small belongs to the state.

He deered to kill a King's dare... Dared to kill a King's deer.

[BobFromBucks]

The club I belong to has a pond that we stock with trout. It is on our private property. However, I was told by an officer of the club that a PA fishing license is still required. Which means a Fish Conservation officer can also come on your private property including your home to check if you actually live there full-time or to check to see if others who don't live there are fishing without a license.

I looked the law up and it states: A pond or lake that is wholly within land owned by a homeowners association or a private club does not exempt the individual homeowners or club members from having a fishing license.

The law provides that no person 16 years of age or older shall fish in any of the waters of Pennsylvania or in any boundary waters without first procuring a license. However, there is an exemption in the law. The exemption allows landowners who reside on their land throughout the year and members of their families residing thereon to fish on their land in waters wholly within said land without a license. This exemption does not apply to any person temporarily residing upon the land or any tenant who is not a member of the family of the owner. The exemption also does not apply to any servant or employee of the owner.

So, if you're invited to fish on someone's property who lives there full-time, you are required to have a license. The homeowner gets a pass. But, not their servants.

I swear this state has more laws than any other except Massachusetts and they take great honor in having a law for everything.

[knight0334]

Open Fields Doctrine...

LEO's do not need a warrant to be on your lands if they suspect a violation of the law.

Wildlife in PA belong to the People as a whole of PA. The State is the trustee of the People, and the PAGC is the protective arm.

Yes, a PAGC can be on your land to investigate violations and for compliance checks(make sure you have a license, aren't using a illegal device, have proper orange on, etc).

[tl_3237]

Open Fields Doctrine...

LEO's do not need a warrant to be on your lands if they suspect a violation of the law.

Wildlife in PA belong to the People as a whole of PA. The State is the trustee of the People, and the PAGC is the protective arm.

Yes, a PAGC can be on your land to investigate violations and for compliance checks(make sure you have a license, aren't using a illegal device, have proper orange on, etc).

^^^^^ TRUTH

Wardens have expanded, but not unfettered, powers as provided in the Game Code (34 Pa CS 901 et seq) to include:

§ 901. Powers and duties of enforcement officers.

(a) Powers.--Any officer whose duty it is to enforce this title or any officer investigating any alleged violation of this title shall have the power and duty to:

(1) Enforce all laws of this Commonwealth relating to game or wildlife and arrest any person who has violated any of the provisions of this title while in pursuit of that person immediately following the violation.
(2) Go upon any land or water outside of buildings, except curtilage, posted or otherwise, in the performance of the officer's duty.
(3) ...

[jerkin]

Yup, if they suspect game laws are being broken there is no stopping them, not even a warrantless search of your home...you pretty much signed off when you bought your hunting license.

The club I belong to has a pond that we stock with trout. It is on our private property. However, I was told by an officer of the club that a PA fishing license is still required. Which means a Fish Conservation officer can also come on your private property including your home to check if you actually live there full-time or to check to see if others who don't live there are fishing without a license.

This isn't true, while they do have the right to come onto your property they can not enter your home without a search warrant or probable cause like any other officer would need.