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Author Topic: Searches of fish houses and boats  (Read 5027 times)

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Offline JD

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There has been a lot of controversy in the past on whether or not law enforcement personnel should have the right to search a fish house or a boat without a search warrant.  Minnesota State Law currently states that they do not need a warrant to enter a fish house or a boat, but several people think this is unconstitutional.  What are your thoughts on this topic????

Offline dkhntr

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I personally dont care if they check me or not I will volunteer my basket to them. I KNOW my limits, therefore I am never over them. In Minnesota we have a problem with the overlimit abuse. Not just fishing, but hunting too. Last year there were a bunch of overlimit fishing. Just how many got away? Same with hunting. I know people that got and extra deer than there tags, or two turkeys. Some are by accident. I understand those, but the others, unacceptable. I understand if you are unemployed and NEED to feed your family. Maybe a free permit to those cases.
KEEP YOUR POWDER DRY!

Offline Mayfly

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Two winters ago on Red we were just sitting around and the CO just walked in. Didn't knock or anything. Completely unannounced. I was taken back by this a bit. What if I was doing something I didn't want him to walk in on me doing. That is not right. You should have to announce yourself and ask permission. As a matter of fact I think I should have a right to privacy in my own fish house. These fish houses of today are like mini living rooms. I may not even be fishing, I might just be watching a football game.

Offline Benny

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I have to agree with mayfly, but I also think there should be a clause for them to be able to nab the poachers.

Maybe something like a one minute time frame where you open the door or they can fine you for a sum equal to an over limit fine?

That's just a quick thought off the top of my head, but you get the idea.

I am all for them busting the poachers but I want my privacy as well.

Benny
"What we have here is a failure to communicate"

Offline Dr.Bob

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There are many times (a day prolly ::)) when it would be down-right embarrassing if a CO were to walk right into the ER.?

I would not mind them taking a look around cause I am always legal.? BUT, they at least should treat you with courtesy and respect unless you deserve something other.? And that would include knocking on the door and giving you a chance to prep for a visitor ;D.

Offline JD

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I agree that they should knock first before they come in if they don't have any reason to just open without knocking.? I do think that if they feel there is just cause to just walk right in, they should be able to do so.? There is a HUGE problem with people cooking meth in fish houses.? One reason it is being done out there is because it's away from other people (they don't think they will get caught) and because they just throw the chemicals down the hole when they are done.? In a case like this, I feel they have all the right to go right in without knocking (and push the junkie down the hole).? In a case like this, there is exigent circumstances to walk right in, it's for the safety of the officer, to keep them from disposing of the evidence before the CO can enter, and for the safety of the environment.? I have nothing to hide, so I don't have problem with them just walking right in.
« Last Edit: July 07/15/06, 08:45:31 PM by Leech Angler »

Offline jigglestick

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when my daughter is peeing in a bucket, he can stay the hell out >:(
take a kid hunting and fishing!!

THWACK KILLS!!

Offline bowhunter73

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I had a reply in mind but after reading your posts ive changed it a bit. Thinking about how some shacks are as nice as a house and i know the whole peeing thing. I dont think i want anybody walking in on me and the wife you know! Would if the fishing is slow   :o
Are you a hunter or do you just kill things? Respect the wildlife!

Offline GRIZ

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 Well it's a known fact that CO's have more rights to search than a state trooper. Is it right?

 My stance is that if they have a probable cause. A person should still have the rights to privacy. What if someone is haveing an intimate moment with there partner. Leagally they are not allowed to lock the door which they should be able to do. If the CO has probable cause they can kick the door in just like anyother officer.

 Today with TIP most of the arrests are due to that anyhow. The only thing they are going to catch by pulling the door open on a fishhouse is an honest fisherman, an act of privacy, someone fishing with three lines or maybe one over the limit. When a person thinks about it, who would keep twice thier limit in the house with them. ??? ??? I don't think that the loss of privacy is worth a petty fine for busting someone with one over the limit.

 As far as the cooking meth in a fishhouse, boy are they fools. That is about the most likely spot to be caught I could think of. The officer doesn't need a search warrent to search and people are always stopping by just to see if you are having anyluck. It would take someone strung out on drugs to think that that would be safer than thier garage or basement.
« Last Edit: July 07/17/06, 09:40:10 PM by GRIZ »
"The two enemies of the people are criminals and government, so let us tie the second down with the chains of the constitution so the second will not become the legalized version of the first."
~Thomas Jefferson

Offline WoodChuck

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 ??? good questions and answers, its always has been a problem? and it will continue to be so!! the best thing to do is to hang out a red flag? do not disturb for i am haveing a piece of ash my wood stove is HOTTTT ! ;D idiots will be so and pochers will just keep on doing what they think is ok for i will not be caught.
"i am not the KING FISHER , nor the fisher of men , but i am a fisherman "    membership n. 141

Offline UncleDave

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Not sure how I feel about this topic.  There definately should be a privacy issue, but at the same time all of the people cheating and doing illegal activities would get away.  They should have to at least knock.

Offline Cody Gruchow

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i think they should have to knock once identify who they are then walk in, because like stated before people have been caught using fish houses as meth labs, they have even been caught using a  few deer stands as meth labs. now for the privacy thing like you and the woman doing your thing lol i dont know how to answer that, and as for the peeing in a bucket almost every fish house i have been in has a bathroom area that has a corner with a bucket with a curtain up. i mean if they didnt have the right to walk in like stated before and just knocked then say there were drugs in the house well now there in the water, people would reel up extra lines and throw back the extra fish thats already dead, just think of how many violations that go away because they have to knock and wait for you to let them in.

Offline tripnchip

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What is probable cause? For a CO is it the fact that you are fishing and you may or may not be over limit, cooking drugs, or fishing with more then 2 lines,you may or may not have  lic.
  My quistion here is why do we all want the CO's to do their job or what ever. Or does he have to set back and watch one house for several days trying to see you do somthing wrong. But maybe he can call a CO in with a dog and do a walk by sniffing job on your house and vehicle. Ok, the dog detects fish drugs or what ever. The dog dosen't care if that smell is new, a day, a month or a year old he smells it and lets his handler know. Does the CO have probalble cause to walk in? My under standing is yes. Can a good dog pick up on somthing a year old, yes they can, depending on what they are trained to look for.
 My quistion here is why do we all want the CO's to do their job but we don't want to be inconveineced by them? Hey if the Co walkds inlet him know the daughter is behind the curttain on a nature call,he's not going to peak. If you and the little lady are reliefing tention when he walks in he willturn around( i think lol). Hmm why is it we are the only animals that are embarrassed when caught doing what is natural? To think we are still eating appels lol.
 Did I get around to the quistion, nope, just hope i am staing with in the law so have no worries onwhat they do.
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