Can Oklahoma Game Wardens come onto private land uninvited if no laws have been broken? My buddies seem to think so since they have some federal authority, I say no, but I'm not sure either.
The 4th amendment is what is at issue here. Federal courts have ruled that it is unreasonable to expect privacy in land that is easily accessible such as woods, fields etc. . .They do not constitute a dwelling and therefore are not protected under the 4th (they are considered an exception to the 4th amendment). Regardless of trespassing signs, fences, hedgerows etc. No warrants or court/legal intervention is needed. Searches are legal and anything they find is admissible in court.
Adding to that is that the animals you hunt, regardless of whether your hunting on private or public land, belong to the government.
So, in general, yes they can come onto private property and check for bait, illegal hunts etc.
Adding to that is that the animals you hunt, regardless of whether your hunting on private or public land, belong to the government.
So, in general, yes they can come onto private property and check for bait, illegal hunts etc.
Not sure about the federal authority..........the only Federal GW's in the state are at the NWR's like Salt Plains, the rest are state GW's. I've never seen a GW go into the field and approach any hunters unless he suspected a violation, or knew that part of your dove hunting party was across the field and he didn't want to interrupt their hunt, so the GW went to them. They've always met me at the road.
I've been met by a state warden (they have fed authority) on private land. Very friendly guy. wanted to make sure we weren't poaching. We showed him the trap setup we had. He asked a few friendly questions, shook hands and was on his way. We know the wardens in our area. Stand up guys.
Yes, they have federal authority.
They can enforce the Lacy act. http://en.wikipedia.org/wiki/Lacey_Act_of_1900
I know our local GW got a request for a lifetime license from a guy in KS that used an empty lot in Ok. as an address. Once he sent in his money, the GW went to KS and arrested him for mail fraud.
I'm not sure if all of them have this authority, But this one does.
Back in the day, GW's used the "animals are the property of the state", so when they heard a shot, they could enter private property to protect the states property.
I'm pretty sure that's not the case now. I don't know if its true or not, but the story is that some guy hit a deer on the road, and since it was the "property of the state", he thought the state should pay for his truck.
Anyway, the wording is not that way anymore.
I think I have seen one gw in my whole life. And the funny thing is, he was working in tinker credit union in shawnee. Guess he was off duty and was getting paid to protect the place. Ive never seen one out in the woods or anything.
Yea ya usually dont, theyre back at your truck running the plates and watching...8)
I usually try to befriend these GW's, they can do a Lot of things.
Exactly. I've found that most of them are quite appreciate of Land owners and hunters that know, appreciate and can follow the law and make their job enjoyable.
Back in the day, I knew of one GW in a remote OK county that would get a helpful private pilot to take him night flying to look for those out spotlighting deer. This was before the price of aviation gas went crazy.
