New rules for pa.

[SFC B]

You are making my point for me. The public has no claim to personal property. They do for fish and wildlife.

No, I am not. You don't make any point. The owner of the property (whether private chattel or public property-wildlife here) that LE may be concerned with makes NO difference. Fish and wildlife are NOT some magical class of property that should preempt constitutional rights. Every space in America, including YOUR dwelling, COULD have/house/conceal some sort of wildlife that the public has a "claim" to as you say. So what? You either have probable cause and retrieve a warrant or you do not and you stay out.

 

[FranklinME]

Bingo

 

[Bonasababy]

 

[Keep on]

The PA constitution Article 1 Section 8 provides residents of the Commonwealth greater freedoms from unreasonable searches than the US Constitution 4th Amendment.

 

[grizzly63]

When you have large ranch tracts and officers have to witness any wrong doings, how can they get that accomplished without the ability to enter the land to watch. In SD we have had large ranches start issuing ranch tags as I believe they thought that the game animals were theirs to do what they wished with. The great Gov. Noem killed the open fields approach. She was a commercial operator and a landowner so maybe she had some personal interest in this.

 

[IDiot]

Idaho also lost the open fields doctrine recently, I was disappointed. It's pretty easy for a landowner to poach and have an animal in a freezer before a warrant is issued. So what's the solution if not the open fields doctrine, how else do you protect a public resource on private property?

Also 100% of the people that litigate against the open fields doctrine were caught violating game laws. I'm not going to side with a poacher even if their argument might have merit. It's like "yes I was breaking the law but you shouldn't have been able to catch me doing it". What a scumbag perspective.

 

[Wyoming270]

Dont tell me your upset you can no longer be raided by game wardens with no warrant or evidence.

 

[IDiot]

Being checked while out hunting and being raided are not the same thing, not by a long shot. A warrant has always been required to search someone's curtilage (home, outbuildings and surrounding area).

What does upset me is the national trend to let people with great means and influence (large landowners in this case) steal the resources that belong to all of us. An additional consequence of that leads to only having the law enforced on public land. That isn't the American way, we are a nation of rules and laws not of kings.

Do you want to try to address the two points I did actually make?

What is an alternative method to protecting a public resource on private land if not the open fields doctrine? Drone surveillance, no thank you.

Why is this only an issue for people doing illegal activity? For people following the rules it's a non-issue.

 

[Bonasababy]

The PA constitution Article 1 Section 8 provides residents of the Commonwealth greater freedoms from unreasonable searches than the US Constitution 4th Amendment.

Exactly why I said your legislators need to step in. The first step is to get it on your ballots.