The laws of a dnr walking into a fish house wi

Anyone know anything about em. I always thought an officer has to knock and than be invited in, not just knock as he is opening the door trying to be nosie. What if I was bumpin ugly's with a fugly. I consider my ice house a home and if someone comes to my home I want them to knock before entering. I bring my dog with (a big dog that is) What if he bit the warden who's fault would that be? Him for walking into my shack w/o being let in or mine cause my dog was protecting his territory. They abuse the power some that is!!!

hunter0104,

I didnt say they dont get PAID, I said they lose their day off that week. They get paid, but they dont get to go fishing or hunting or wash their wife's car, etc. They go to court. Just to clarify...

1mower, your mostly correct, the part where you say they have the RIGHT is where your wrong, it should say they have the authority . however your wrong about the live well thing to.

WOW !! A guy takes off for the weekend and look what happens. LOL.. way to keep things going. PANNY, I think the answer to your question is, YES, in Wisconsin a warden can enter you shack without knocking

I DID goggle both right and privilege. I also just read the 4th amendment. maybe you should read the amendment also. If you read ALL of it you will see that the open fields and open water is an exception to the warrant and trespassing rules. So the DNR has the right to both trespass and go into shakes and look in live wells if they so desire.

it is if the l.e.o. has reasonable suspicion to believe they will find something illegal. which, as i said, is open to interpretation.

i realize there are many different opinions on this subject. my opinion is my opinion, just as fishn ss's opinion is his opinion. i was just trying to point out a flaw in his statement.

i suppose i can agree with the comparison to a vehicle. in which case, there are many different opinions on what can be considered "reasonable suspicion". again, bottom line, it is subject to the interpretation of the l.e.o, and his/her superiors. if a court later decides that there was not reasonable suspicion, the evidence is thrown out, as well as the case altogether most likely.

but, you cannot claim property rights in a portably shack that is located on state property. it is not a home, and you do not own the land it's on. therefore, you cannot compare a warden walking into your shack to a cop walking into your house.

fishn ss, your post only proves that you read the chapter about the 4th amendment. there are two flaws with your logic, as it applies to the situation at hand:

first; where did you get the impression that a fish shack would be viewed the same as your car or property. think for a second. if i came and put my fish shack in your back yard, would you have the right to enter said shack? yes, you would, because even though it is MY shack, it is on YOUR property. just like panny man's shack would be on state property. panny man has no property rights in this case. yes, the shack is his property, but it is not ON his property.

and, bottom line, you say that simply being out fishing is not reasonable suspicion that you are engaged in criminal activity. this is subject to interpretation. you may not think it is reasonable suspicion, but the warden, and the local judge may. and, if the warden asks, and you refuse, one could argue that your refusal is in itself reasonable suspicion. like many have said before, why would a law biding citizen refuse? the only reason, other than the possibility they are not in fact law biding, is that they would rather waste the warden's time just to prove a point, than be compliant.

and, don't go accusing me of being a sheep or whatever you're planning on saying, before considering the fact that i would rather choose to comply with a warden's request so that he may spend more time catching real violators, than waste more time on me just so i can prove a point. yes, i know i have rights. and, i will exercise those rights the very second a warden steps out of line. but i will not exercise those rights just because i can, or to be a pain in the neck, or to prove a point, or whatever reason you want to tell yourself.

apparently Fishin SS isn't a lawyer yet. They never give that much info for free. Nice to see a spark of intelligence here. For a moment I thought this turned into day time TV!

tony

I hear yah.

BM,

I guess if it comes down to it and Im 'going to have to pay either way', then I guess Id rather pay by missing a day or two of work to keep that bogus charge off my record. I have a clean record (traffic, criminal, DNR, etc.) and it would be worth it for me to take a day off work to keep a pointless citation off my record. For some that have a criminal record and dont care, then maybe paying the citation is more worth their time, not saying anyone here falls into either of those categories. I would rather make the officer that wrote the citation look like an idiot in front of his peers when the judge laughs and throws out his citation than let him get off easy. If people just pay the citation, then he never gets held accountable, right? It does suck that you have to deal with that up there. I guess it must be a different crowd that they have to deal with than in the southern half of the state?? Too bad wardens are not elected positions....those 'trouble' officers wouldnt be around for long, would they?

Thanks for all the reply's everyone its to bad there isn't more of a answer to it all,received a lot of opinions though.

I see, I meant it was crappy of him to give it...lol

denesox --

You said "I had a similar issue this past fall with a cop who gave me a crap dog in park ticket...."

Many people might interpret that as "I got a ticket for my dog crapping in the park."

Just sayin'.....

you have my sympathies BM, and I mean that, cause I can relate.....apparently I am still dealing with mine...lol. Sorry to hear about your local wardens, sounds like they could use a little turnover.....no one wants to deal with jerks, but we all are forced to at some point. Just glad it ultimately was dropped.

Im upset because it was a huge waste of my time. I had to take off two days of work, one to meet with the prosecuting attorney to even see what I was being charged with, and the second day the day of the aranement where it was dismissed. That being said I still missed two days of work for nothing more than BS and hearsay. Two vacation days I could of spent with my family, or fishing or hunting.

The wardens up here are nowhere near like you stated down state. They don't care, they would just as soon write you a ticket and let you deal with it. Its bs cause either way you have to pay for it, either by saying screw it and paying the fine, or missing work to go to court.

There has been a ton of complaints about a number of the wardens up here, and they weasel their way out of them all the time, and some how they magically find out who complained and get a hard on for them the rest of their lives. I know, I complained.

Actually you were not there were you? yet you assume? My dog was NOT making a mess or any further than 2 feet away at any time and I was alone in the park briefly checking a river....took 2 minutes, I had 5 empty bags in my pockets....where did you see the word defecate anyway?..... I was working, and had permission from local pd.