# Open Fields...



## stack em up (Mar 7, 2013)

From AgWeb. Cuz apparently from now on I'm gonna have to make sure I'm not on Candid Camera when I need to drain the main vein in the tractor.

https://www.agweb.com/article/government-cameras-hidden-private-property-welcome-open-fields


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## r82230 (Mar 1, 2016)

Amazing is all I can say.................

Larry


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## somedevildawg (Jun 20, 2011)

Wow


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## Ox76 (Oct 22, 2018)

That's asinine. SCOTUS ruled that 4th amendment rights only extend to your immediate dwelling and not the land you own and pay taxes on? BULL$H!T I says.


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## RockmartGA (Jun 29, 2011)

Three words: Spanish Fighting Bulls. Guaranteed to put trespassers, rogue game wardens, and sickly looking vegans on the run.

This is the first I have heard of the Open Fields Doctrine. Surprised me. I would have thought that any type of surveillance required a warrant.


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## Vol (Jul 5, 2009)

Good find stack. This is another land grab just like the navigable waters act. This is everyones future in dealings with the government. Just sickening.

Regards, Mike


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## Vol (Jul 5, 2009)

The latest.

https://ij.org/press-release/tennessee-property-owners-score-early-win-in-lawsuit-against-warrantless-trespassing-surveillance-on-private-land/

Regards, Mike


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## Farmerbrown2 (Sep 25, 2018)

So in other words if you find a camera on your property tie a rag over the lenses and walk away so they can’t get you for destruction of property.


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## Vol (Jul 5, 2009)

Farmerbrown2 said:


> So in other words if you find a camera on your property tie a rag over the lenses and walk away so they can't get you for destruction of property.


Place something over the camera from the backside and remove it then remove the batteries and then the sim card. Then go bury it. Then deny you know what they are talking about. NO proof. The fellas in the article admitted to removing the cameras.

Regards, Mike


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## r82230 (Mar 1, 2016)

Vol said:


> Place something over the camera from the backside and remove it then remove the batteries and then the sim card. Then go bury it. Then deny you know what they are talking about. NO proof. The fellas in the article admitted to removing the cameras.
> 
> Regards, Mike


Similar to the three S's, in my neck of the woods................. make the bury part is like Jimmy Hoffa, except take a good heat source to the sim card first (acetylene torch comes to mind). Melted, it would be un-recoverable for certain. 

Larry


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## Farmerbrown2 (Sep 25, 2018)

Thinking about this some more in the one article they land owners said the wardens trimmed tree branches I would think that is destruction of property? It’s no wonder why some people hate law enforcement so much.


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## mlappin (Jun 25, 2009)

I knew the DNR had more power than the state police as they can come on your property anytime they want, I did not know this included surveillance


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## Vol (Jul 5, 2009)

If you do not live in one of these 5 states, then the DNR or any other Wildlife agency can then trespass on you and spy on you without recourse according to Wiki.

Rejections of doctrine by state courts[edit]

Since _Oliver_, the highest courts of Montana, New York, Oregon and Vermont, as well as a Washington state appeals court, have held that the open-fields doctrine does not apply in those states due to their state constitutions granting greater protections to citizens (under dual sovereignty a state may grant its citizens more rights than those guaranteed in the federal constitution). Since _Katz_ grounded privacy in persons rather than places, they argue, landowners who have taken affirmative steps to exclude the public such as fencing or posting the bounds assert a privacy interest sufficient to prevail over any warrantless search of the property where common exceptions such as hot pursuit and plain view do not apply. Some of those opinions have been critical of not only _Oliver_ but _Hester_.

In a 2017 concurring opinion where the doctrine did not come into play in overturning a Wisconsin farmer's convictions for threatening two state game wardens he believed had been illegal hunters trespassing on his land, Justice Rebecca Grassl of that state's Supreme Court was highly critical of it.[14]

Regards, Mike


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## somedevildawg (Jun 20, 2011)

Nice try but I’m staying where I’m at


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## slowzuki (Mar 8, 2011)

Same here, no trespassing signs pretty much allow you to shed liability for folks trespassing but they can't stop game wardens, surveyors, fire fighters etc. Peace officers - anything they can see from public property (hot debate these days w drones etc) that would justify a search gets them onto property.

Big one here is fire, drug dealers piss off neighbours but police can't do anything so neighbours call and report smoke coming from house. FD shows up and they do search of property for the fire. Any drug stuff they see has to be reported. Or the less fancy areas the neighbours will set a fire. Across the river from me they were fed up so set the dealers two cars on fire in the yard.


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## rjmoses (Apr 4, 2010)

Welcome to "2020"--the live version of "1984".

Ralph


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## stack em up (Mar 7, 2013)

My parents used to play cards with our former chief of police. He said a game warden has literally just a little bit less power than the President. That’s nuts when you think of it.


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## Vol (Jul 5, 2009)

stack em up said:


> My parents used to play cards with our former chief of police. He said a game warden has literally just a little bit less power than the President. That's nuts when you think of it.


The reasoning behind that is that most everyone they meet out in "the field" is armed. Almost always they are working solo. And when the laws were written there were no field communications between the officers and headquarters. Since that early time they have used field radios and now cell phones. They need to be reeled in somewhat....especially about trespassing on private property without legitimate probable cause.

Regards, Mike

This is a snippet from a Game Warden article on ESPN.

"Federal statistics show that game wardens and Drug Enforcement Administration agents have the highest risk of death on the job. The game warden is three times more likely to be killed by gunfire in the line of duty than the California Highway Patrol officer."


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## BWfarms (Aug 3, 2015)

A couple of years ago I talked to the game warden that's been in my area trying to quell poaching. As we talked I asked if he had been through my area and he said, "Yeah, seen all of your stands." I thought 'wow' didn't know he had been there but definitely not a problem because he won't catch me for violations. All I asked him to do is stay away from my stands during the rut. Then one day I was hunting and he went by me. I asked him later, "How come you didn't say hi when you went by? I thought you knew where all my stands were." He prided himself on being stealthy and I could tell it stung when I told him he was neither stealthy or saw me


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## somedevildawg (Jun 20, 2011)

Vol said:


> This is a snippet from a Game Warden article on ESPN.
> 
> "Federal statistics show that game wardens and Drug Enforcement Administration agents have the highest risk of death on the job. The game warden is three times more likely to be killed by gunfire in the line of duty than the California Highway Patrol officer."[/size]


I certainly believe the snippet, but considering it's source, it probably preceded an attempt to sway people as to why we need to get guns out of our society. Bunch of morons....I've been through with ESPN since that idiot used Monday night football halftime to berate the populous on the evils of guns.


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## Vol (Jul 5, 2009)

somedevildawg said:


> I certainly believe the snippet, but considering it's source, it probably preceded an attempt to sway people as to why we need to get guns out of our society. Bunch of morons....I've been through with ESPN since that idiot used Monday night football halftime to berate the populous on the evils of guns.


I didn't see the berating or even hear about it as I have quit Monday Night Football as it has become just a political platform for liberals. I never watch the NBA and I can see somewhere down the line that I finally will get disgusted with NCAA football will quit watching it. Times have changed like I could not have imagined. Everyone is in an outrage over every little thing and I cannot find anything to enjoy anymore on the idiot box so I seldom watch.

Regards, Mike


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## somedevildawg (Jun 20, 2011)

This was idk 10 yrs ago I suppose, after one of the shootings, either the movie theatre or sandy hook, can’t remember and it was Bob Costas. I don’t think I’ve ever watched another game of Monday Night Football. Sports have really let me down in recent years.....


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