I live on a 76 acre farm way up on the top of a mountain. For some reason the game warden has taken to sitting on my road, and walking my property ( without permission ) trying to nail hunters who I do allow to hunt my property. they have been up here 8 times in the last two weeks !

I eventually locked my gate, which is roughly a mile from my house. ( it is a right of way and a private road ) Well, Johnny Long Arm decided to park his truck at the gate and walk into my property !! He has yet to catch us doing anthing illegal. Mostly because we don't hunt illegally anyway..

I finally had enough and called the DNR head office. The officer there claims that they are indeed allowed on my private property any time they want. No, not if they have probable cause, or reasonable suspicion, just anytime they want since it is hunting season and they technically own the wildlife that is on my property .

I find this REALLY hard to believe and I called them on it and asked for the reference to the law that allows them to do this WITHOUT probable cause in the COMAR ( Code of Maryland regulations ) they said they will " Have to get back with me" Well, I couldn't find it in COMAR and called and told them so. They then said it was in the Maryland Case Law. I again asked for some sort of reference that I could research. Again, they said they would have to get back with me.. I do NOT think this law exists and I told them so, I also told them that I do now for a fact that the Fourth Amendment right existed and mine was being violated...

I pay the taxes on this property, not them. I own this , not them. If they don't have probable cause then they can stay the heck out !!

I really don't think they can do this.. Any opinions facts or personal experiences on this topic???

 

you hit the nail on the head, you pay the taxes, federal/ state term for rent........ face it, you live in MD, or any other state, which is in the United States. it being part of the US, makes it theirs. what stinks the most is if they get hurt while on "your" property, they will most likely try to sue you.. so back away from the pungie stix ideas, and doing anything to their vehicle will only make it worse for you in the long run, they can make it miserable for you, tipping the local leo's off to you being a target..... they can play a mean game of dirty pool. as for a good way to get them to back off, you may just have to chat with the head office again, pointing out your clean record for hunting, and the lack of any violations on your property in the past, and to kindly say you feel harassed. eventually , they may go elsewhere.

 

I wouldn't think they could do that either ...... sitting just outside maybe, but they are taking a chance stepping onto private property without cause.

Odd ...........

PISTOL

 

Well, Therein lays the problem..
A few years back I shot and killed a blackbear that was continually chasing my horse. I called them repeatedly to come get this bear and they just blew me off. Well, I finally sat the 30.06 by the door and sure enough the bears chased my horse a few days later. I shot it and killed it. Boy where they P.O.'d !
They questioned me four times and my wife two times ( while I was at work) they then went to where I work and asked a few questions about my firearms training. I finally had to give them my attorneys card and told them to talk to him when they attempted to question my a fifth time... Since then they have watched me like hawk, but not to this level.
I'm not sure if this has anything to do with it but I would'nt rule it out..

 

You have every right to be upset. They shouldn't be on your property without your permission.
On another note maybe one of your elected officials pulled some bill out their wazooh that some how allowed them to infringe on your rights as a landowner and a bunch of your suit-wearin city slicks thought that was a great idea because after all, control is their main agenda.
Makes one realize how close to home the effects of a government that's control was let go of by it's own people, can hit.
The first week of buck season the same thing happened here. I had the gate closed to our farm and the G.W comes driving up the rural gravel road, stopped at our farm entrance and he sat there for a while in his vehicle down at the gates. I know he could see my cousin and I on the hill but since it was raining and the fact he couldnt drive to get to us I think discouraged him.
As he sat there, I myself wondered what rights I had as a landowner and what rights he had.( I'm sure his are more than what they should be )
Also, keep your gate locked and hope for cold weather so it doesnt make it easy on him.

 

Don't you just love your tax dollars at work !

What does your firearm training have anything to do with anything ?

I would file harassment charges.

 

Just put up a sign that says "CAUTION - LONG RANGE PISTOL PRACTICE IN PROGRESS - ENTER AT OWN RISK!!

 

Well, The bear was 289 yrds. from my porch where I shot ( they actually measured) And they refused to believe I could make that shot with the bear on the run. I told them I couldn't help it that they couldn't shoot. I then told them I was trained as a Marksman Observer for the SORT team at work. So, they thought I was lying and had to verify..

 

You need to take a breath and step back a bit from this, fighting it will get you nowhere. They do have the right to enter your property so the best thing to do is not give them a reason to.

Try a different angle, take a thermos full of hot coffee down and have a friendly conversation with the Officer, you will quickly learn he is just another guy like you doing what he gets paid to do. That will give him a chance to get to know you and you to know him. You just might end up with one of the best friends a guy could ever ask for

Remember, he is only trying to enforce the law and as long as you are not breaking any, he has no issue with you. But if you try to buck him at every turn he is going to think you must be hiding something.

I know all the LE and Game Wardens around here and they are a great bunch of guys for the most part. But when I first moved here they were very concerned with my firing auto weapons repeatedly and often sat watching trying to figure out what I was up to.

I introduced myself one day as I suggested to you and explained that I was a Gunsmith and specialized in military weapons. They soon got to see that I was not breaking any laws and I ended up helping many of them with their duty weapons. I could have taken a hard road with them like you, but an easier one is to just be open and friendly. Believe me, these guys know when they are being lied to and they very much appreciate open, honest conversation when they hear it.

Hang in there and try to remember the old saying about catching more flies with honey

 

Should'a sent one of them running out at the 290' range .... and proved it to em !! Looks like they are really reaching .......

Cheers,
PISTOL

 

Top,

Been there done that. Atleast to a degree, I invited them in the year after i shot the bear and told them to stop by anytime. They would usually stop in right around rifle season and say Hi. That was fine and dandy with me. Bu this season they stopped in and decided to just sit on my road on the way out. Then a few days of that I courteously asked them if they could move on. They did, for two days then right back to patrolling my fields. I asked them again and explained that all the guys that hunt on my property are law abiding family men that can't afford to do anything illegal. Well, That didn't work either. SO, I had to make a call..

BTW-- You say they are allowed to come on my property but unless they have probable cause OR reasonable suspicion, I don't think so... Not to mention NO ONE in that Department can show me where it is written that they have that power...

 

Here in NM and Texas they get keys to the gates...........enter when they want and leave when they want. With a bear just fallow the 3 S's.......shoot um, shovel um, and shut up.

 

Are they staying on designated roads?
Are they walking on designated trails?

Have they trampled any grasses? Caused any new ruts on the road? left a gate open? caught them climbing over or thru a fence?

If you get a chance, follow one of them, heck, they may be scouting for a place to grow pot on YOUR property.

 

I know its aggravating, but here in Texas the Game Warden can do anything, even arrest the sherriff, they are the top law enforcement as far as priveleged duties go. They can take your fence down if they wanted to, and they will always have an excuse. You just have to embrace them and make sure all your hunting buds have notarized letters stating they are allowed on the property and they have good standing hunting licenses.

I've been to plenty of parties where though the gate was locked, the Game Warden could come in even without probable cause and sneek up to the party, that's how the county does it around here, but we are also one of the top counties for alcohol consumption. You just have to see that they are doing their job and making sure there aren't any lawbreaking incidents. Half the time they're just bored and hoping for some action.

 

I don't know any game warden that is going to grow pot............I make my them friend not my enemy.