Trespass by Md DNR Police

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  • delaware_export

    Ultimate Member
    Apr 10, 2018
    3,144
    If you want some interesting reading in this area, google open fields doctrine

    Iirc that’s the right term.

    They can come on any property, set cameras, etc. oh, and take down the cameras .. that’s no bueno too.

    A bit of discussion about that on a few other forums lately.

    Not sure how far up the chain it may have been challenged, but if it’s still happening, seems like any challenges fizzled.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    23,970
    Political refugee in WV
    If you want some interesting reading in this area, google open fields doctrine

    Iirc that’s the right term.

    They can come on any property, set cameras, etc. oh, and take down the cameras .. that’s no bueno too.

    A bit of discussion about that on a few other forums lately.

    Not sure how far up the chain it may have been challenged, but if it’s still happening, seems like any challenges fizzled.
    I know of a guy that found game cameras on his property about 1/2 mile in. He removed them, found that they were owned by DNR, promptly wiped the memory cards, then dropped one of the cameras at the local DNR office. DNR cop showed up later that day wanting the other cameras from the property. Turned over the cameras with the warning to ask before posting cameras on his property again.

    DNR never came on his property again.

    Sometimes being a bit passive aggressive will get you somewhere with people that think they are above private property laws.
     

    1841DNG

    Ultimate Member
    Apr 17, 2016
    1,143
    I already know of one instance of Dnrec going across state lines.
    Never could figure out what they thought empowered them to do so.
    Maybe they working with DNR not sure but none of the two of them ever came back.

    They might have a memorandum of understanding with their counterparts over the line but that seems weird.
     
    I believe the open Fields doctrine only applies to non-commercial use properties such as free-range woodlands. It does not apply to your yard your home out buildings or fields that are used for growing crops or grazing cattle. So if you're property has fields to the road and a tree line beyond they would be trespassing to cross the field to get to the tree line. At least that's the way it was explained to me years ago while employed as a law enforcement officer. Things may have changed between then and now. I think the best policy is to obey all the game laws in the state and you really don't have to worry about it.
     

    Brickman301

    Ultimate Member
    Mar 23, 2015
    2,534
    FREDERICK, MD
    That does sound odd. I never bought a license to fish a private pond. Maybe theirs new regs?

    I don’t know if it’s new or not? This happened about 4 years ago. The officer was nice about it, but that’s what he told us. I kinda left it alone, as I had my fishing license, so I just went back to fishing. Lol.
     

    AlBeight

    Member
    MDS Supporter
    Mar 30, 2017
    4,380
    Hampstead
    Imagine if the MD State Police could pull your vehicle over arbitrarily just to check to make sure you have a driver’s license, without having any probable cause or reasonable suspicion of you having committed any violations or crimes. That’s what DNR is essentially doing, observing you breaking no laws, and then effectively detaining you to check you for a hunting or fishing license. I’m definitely not anti DNR or law enforcement by any means, but this has always sat crooked with me. I’d imagine any rookie lawyer could bury the DNR officer and agency in any court proceedings that reflect this practice. Even if there is some written code or doctrine that gives DNR express permission to do this very thing, how the hell can it not be unconstitutional? Maybe an organized protest to bring light to this publicly is in the future? Maybe most folks don’t even know they do this. I wonder what the ACLU says about this?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    ( As general rule in US) They have jurisdiction over hunting and fishing , and may go wherever hunting or fishing take place , or potentially take place .

    The authority of " Game Wardens " varies widely in the US in different jurisdictions . In Md , the DNR PD has full police powers, some jurisdictions limited to only enforcing specific Hunt & Fish regs , some various stages inbetween .

    IANAL , but while ( Ofc such as ) MD DNR have authority to arrest for any laws , to make use of their broad powers to access , it has to plausibly be related to fish or game .

    Ie , patrolling for out of season poachers , and " accidentally " discover a plot of MJ plants , probably probably kosher . Checking for fishing license complience inside a 5th floor condominium , and discover meth lab , probably not .
     

    Bboarder

    Me Myself & I
    Mar 7, 2010
    1,200
    Reisterstown
    I found one who drove on the farm years ago, pulled right up to his front bumper as he was driving in. He wasn't happy about that, had a quick conversation and i made him back out on the paving 1/4 mile without turning around on the lawn.

    Long/short, they can and do abuse power, we're on a reservoir and they used to drive through our fields from the easement because they could, barb wire went up for many reasons and then they tried the driveway (above) Gate stopped that, private property doesn't seem to be something they respect.

    Dnr catches a lot of dbags, they also hand out fines like the tax man and I swear they stroke themselves while waiting for someone to shoot at their mechanical deer.
     

    Park ranger

    Ultimate Member
    Dec 6, 2015
    2,315
    Wow, so much incorrect information here. Funny how so many stories start with "I know a guy"....
     

    rondon600

    Active Member
    Mar 16, 2009
    722
    This same b/a applies to DOT traffic stops. AA County, MD State and DOT are abusing the system and pulling over “commercial” vehicles with “spot checks” up and down RT2/ Ritchie HWY in Severna Park, Arnold and Pasadena. Being commercial subjects you to commerce clause and you have no protection from “spot checks” nor does a boater. My best friends landscaping company gets harassed all the time. The guys are tied up for 1-3 hours with $500-$2k of fines. I passed 5 police stops around 10am today in a 3 mile stretch on rt 2.
     

    ADR

    Ultimate Member
    Aug 17, 2011
    4,171
    This same b/a applies to DOT traffic stops. AA County, MD State and DOT are abusing the system and pulling over “commercial” vehicles with “spot checks” up and down RT2/ Ritchie HWY in Severna Park, Arnold and Pasadena. Being commercial subjects you to commerce clause and you have no protection from “spot checks” nor does a boater. My best friends landscaping company gets harassed all the time. The guys are tied up for 1-3 hours with $500-$2k of fines. I passed 5 police stops around 10am today in a 3 mile stretch on rt 2.

    Yeah your answer is highlighted above. They weren't getting those "$500-$2k" fines for nothing. Don't like being "harassed", fix your issues.
     

    brownspotz

    Ultimate Member
    Oct 22, 2013
    1,765
    dnr are just wanna be cops that couldn't become real cops but found a loophole that allows them a larger penor.
     

    Bboarder

    Me Myself & I
    Mar 7, 2010
    1,200
    Reisterstown
    dnr are just wanna be cops that couldn't become real cops but found a loophole that allows them a larger penor.

    I'd rather be DNR than any other police. I'm sure they have other responsibilities, but hiking in the woods and boating seems to be a prerequisite for the gig.
     

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