?? about sleepers and game wardens

[venom]

   I just got a nice hard side 2 man sleeper for this year. My ? is in the past when out fishing and the warden pulls up and runs right in and I dont even know who they are unless the take there regular jacket off and they ask for you license. Now going out this year and sleeping in there in the middle of the night what are my rights? the wardens here dont knock and announce who they are untell they are allready in side. I know here in Wi if your in it it cant be locked? What would you do? To me its no different than my houes run through my door in the middle of the night and see what happens next you got it. Im just tryen to get any info that can help. When your startled in the night a guy dont really think right.

[Mainedog]

Git yerself a big narly dawg, thet sleps litely and barks at uninvited guests.

[SturgeonSlayer375]

That is an interesting question. I plan on doing it myself once I get the shanty out there this year. If you do lock it they'll probably say that you are getting a fine, but its the safe and smart thing to do. On winnebago, there's always a bunch of punk kids destroying the sturgeon/ice shanties that guys like us take so much time to make. I go to school at Fox Valley Tech in Oshkosh - Ill stop by the regional office here on thursday and see what's up on this topic.

[Sven936]

You cannot lock the door on an occupied shelter on a lake.  Not much you can do about it either. I have fought this issue before and lost. 

I do wish they would present something before barging in though, but again still lost that argument also.

[Mainehazmt]

lock it  and if at night anyone breaking in would be looking the wrong way down the barrel!

[Buck762]

The Warden wants to sneak up and startle you because he wants to catch you doing something illegal. If you had the door locked you could easily hide anything illegal or dump it down the hole.  Lock your door and tell 'em you thought you could because you were asleep and the law only applied to people fishing.  Plead ignorance

[tarbot]

Barging in during the middle of the night could get you shot.....

[BlackIce]

I'd advise against locking it if it's occupied.  Honestly how unsafe do you think it would be?  Its not like you are fishing in downtown Detroit.  Im guessing if your vehicle or atv/sled are by your shack you don't have much worry of intruders.  Remember......locks only stop honest thieves.  I had a warden check me 3 years ago on a friday night at about midnight.  Scared the begeezus out of me.  I was opening the door of the shack to reach out and grab a cold one and just about smacked him in the face with it not expecting anyone there.  Judging by the time he spent with me Im guessing I also scared him.  I got checked in my portable  about a week before that but heard him coming up to me that time.

[Mainehazmt]

[comp]

this is a good issue to bring up this secion.   Mn. passed a law making it illegal for the law to walk in with-out knocking first.  Seems to me the two states like to copy what each other are doing.

[jkw]

never heard such rudeness up here.....be a big mistake and someones could get hurt doin somethin like that...i thinks they should announce theyr approach and well....i agree with the dog idea.....i gots a husky that dont like strangers, or officers.....and thats a true fact!

[bart]

 I would try to address this issue properly, to have this changed. Maybe a Game Warden barging in "may" violate your rights under Amendment 4 - Search and Seizure, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
 It seems to me in this situation this search may be unreasonable, considering the probable cause??? There maybe a motivation why the State doesn't want you to lock the shanty, their entry??? Either way I would address this issue through your Local/County/State Sportsman Associations. Violating this regulation would not be the way to go or the plea of ignorance, if so you "may" be pleading the 5th.

[mdaniels]

Barging in during the middle of the night could get you shot.....

In other words, you're saying you'd point a gun at the Warden?  Logic like that defies all reason.  Do you really know how to work a computer?

[tarbot]

In other words, you're saying you'd point a gun at the Warden?  Logic like that defies all reason.  Do you really know how to work a computer?

In the shack sleeping, someone barges right in, half asleep, thinking someone is breaking in....  could happen.....

Now relax mdaniels.

[venom]

   Im just tryen to get info to help prevent these probs that happen year after year. Anything that can send a guy down the right path to prevent these probs from happening. Need to dig into this one to no end.

[Sven936]

As far as search and seizure, the dnr in the state have more rights to enter your house the police due. No warrent needed, if probable cause is there.

[Melbs7]

As far as search and seizure, the dnr in the state have more rights to enter your house the police due. No warrent needed, if probable cause is there.

I don't even think that they completely need probable cause. It's nuts the kind of power they have!!!

[Mainehazmt]

I know we are talking about shacks right here   but it is a parallel to the search and seasure rights  at least the courts are looking out for us

PORTLAND, Maine—Civil libertarians are going to court to help defend of the rights of all-terrain vehicle riders, which they say have been violated by a Maine game warden's action.

The Maine Civil Liberties Union says the Fourth Amendment rights of the ATV driver were violated when he was stopped without justification by a game warden.

The state claimed that Maine law allows game wardens to detain ATV riders for any reason, but Superior Court in Aroostook County said wardens are bound by the constitutional prohibition on unreasonable search and seizure.

The state of Maine has appealed the order and the MCLU filed a brief with the Maine supreme court in support of the driver.

[walleygod]

did u try talking 2 their boss or ur state politition how about puttin up a sign saying please knock before               
ENTERING u shouldnt have to put up with that bs in my case i'd probly get a ticket but
the warden would know i aint happy before he left and no i dont mind being checked we usually offer the warden a cup of coffee when he checks us got checked 5 times in 1 week we get along great but hes polite to us and and we r to him well good luck to ya have a good season

[macker13]

did u try talking 2 their boss or ur state politition how about puttin up a sign saying please knock before               
ENTERING u shouldnt have to put up with that bs in my case i'd probly get a ticket but
the warden would know i aint happy before he left and no i dont mind being checked we usually offer the warden a cup of coffee when he checks us got checked 5 times in 1 week we get along great but hes polite to us and and we r to him well good luck to ya have a good season

Man you hit the nail on the head!  Most folks are assuming the worst in the COs/wardens and I've run into a few who are genuine jerks, but most are good guys like you and me.  Treat them with respect and they'll treat you with respect.  Coffee is NOT considered a bribe!

[pike4some]

If they feel your screwing with them then they will probably screw with you. Treat them how you would like to be treated. I am sure they would probably like to be sitting on the lake doing a little fishing just like us when they check on us, But thats there job let them do it. after saying that I still do not agree with them just barging in. When you look at it some of us have great bosses and some are just jerks. It all comes across to how a person thinks they need to do there job.

[cdtdick]

Wow,   i had no idea about this rule.   I'm still fairly new to the sport so I'm learning, but i'm glad i came across this topic.    Maybe I'll have to sit down with the regs and and a couple soapy tops to make sure I don't screw myself.

[Fishback]

This is a good topic fellas.

I have had a few Trout Troopers come right into our house a few times. They just want to catch you doing something wrong...

I know that if I were a C-O, I wouldn't like barging into a shanty. You never know how people are going to respond when startled. I'm not promoting violence....but you never know who sleeps with a shooting iron under their pillow. Middle of the night, sawing the ZZZZ's and you have a perfect stranger entering your personal space unannounced and unwelcome! I know that who ever comes into my home on land isn't gonna be too pleased. But that's just the issue...."land rules" VS. "ice rules".

I understand why they do it. But I don't think that its right. And after reading this thread, I don't think that it's safe for the C-O or the fisherman. Somone's gonna get hurt and someone's gonna get into serious trouble for acting on rights that apparently may not be there!

Golly...This is a touchy one.

[Fishback]

I just emailed our Fish & Game Department here in New Hampshire to see if they could clarify.

This is a good thing to know!

[Melbs7]

Coffee is NOT considered a bribe!

Nope... that's just being polite.... and nieborly!!! <== ok... so I can't spell

Dave

[Spin]

   When you signed that licence you surrendered search rights. I have a taxidermist friend whose had the DNR come in and check his freezer and records - for clients having legal species and licence but they didn't just barge in. I've been checked out on the ice when I was in my flip over as well but the warden walked up and announce himself, not just suck up and flipped it open. I sure wouldn't be crazy about being woken up in the middle of the night but it's happened to me before in camp grounds as well as fishing. Accept it, getting Macho will buy you more trouble then you can imagine or want.

                                                                                                                 Spin

[venom]

  Well guys all the news, and tonight I ran in to the new warden for my area and she was very nice and I showed her my shack and that it was a sleeper not just a big party shack with underage drinkers running wild. She told me flat out she wont be running up in the middle of the night. And if she ever comes out she will let me know befor she comes in I thaught that was way cool of her I told her the problems I had in the past and she flat out said thats not right. Why cant they all be like that! 

[Melbs7]

   the new warden for my area and she was very nice and I showed her my shack and that it was a sleeper

Was she hot??   

[pike4some]

Was she hot??   

Show what ever she wants if so. 

[venom]

  Id have to say I wouldent kick her out the door outdoor girl there!!   She did say my beds were very nice and the sleeping bags looked very warm and had enuff room for two HMM!!   Ill see her tomarro Ill keep ya fellas up to date with this one.