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Open Field Law #7937807 08/16/20 01:22 PM
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Read an article where Game Wardens set up cameras on Private Land without owner knowledge. Does not violate 4th Admenment rights; anyone experience this? If you found unmarked camera on your lease, would you pull them?


Proverbs 27:17 As iron sharpens iron,
so one person sharpens another.
Re: Open Field Law [Re: Slimpickin] #7937812 08/16/20 01:30 PM
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I can't see where that would be legal. And yes I would pull them.

Re: Open Field Law [Re: Slimpickin] #7937830 08/16/20 01:38 PM
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Originally Posted by Slimpickin
Read an article where Game Wardens set up cameras on Private Land without owner knowledge. Does not violate 4th Admenment rights; anyone experience this? If you found unmarked camera on your lease, would you pull them?


Did they have a warrant?


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Re: Open Field Law [Re: Slimpickin] #7937840 08/16/20 01:44 PM
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Under open field warrant is not needed. 4th covers dwelling not private land according to SCOTUS.


Proverbs 27:17 As iron sharpens iron,
so one person sharpens another.
Re: Open Field Law [Re: Slimpickin] #7937846 08/16/20 01:46 PM
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The guy in Tennessee had his house raided because he pulled the camera...claimed he stole them.


Proverbs 27:17 As iron sharpens iron,
so one person sharpens another.
Re: Open Field Law [Re: Slimpickin] #7937888 08/16/20 02:22 PM
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I don't agree with it, but the open fields doctrine has allowed this for almost 100 years. This is one of the areas the Supreme Court and I part ways - I think it's 100% wrong. My belief is private property is private property, open field or not.
As far as removing it, I would absolutely remove any camera I found if no one else knew about it. My assumption would be trespassers/poachers, not LE.


Re: Open Field Law [Re: Slimpickin] #7937895 08/16/20 02:32 PM
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I’ve never heard of that before, I’d probably be going to jail for destruction of property, I’d check to see if there was a name on it and if they weren’t labeled I’d break them thinking it was a poacher.

Re: Open Field Law [Re: Slimpickin] #7937901 08/16/20 02:42 PM
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I whole-heartedly support law enforcement. And I realize that our Game Wardens face a lot of danger and usually have the State's people and wildlife in their best interests. That being said, some states are starting to roll-back some Game Warden's incredibly broad powers.


...and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth. Gen. 1:28
Re: Open Field Law [Re: Slimpickin] #7937973 08/16/20 03:48 PM
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This comes up just about every year on here. This is a decent explanation of the open-fields doctrine.

https://en.wikipedia.org/wiki/Open-fields_doctrine

Re: Open Field Law [Re: Slimpickin] #7938035 08/16/20 04:34 PM
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If the person who took the camera was the owner or had permission from the owner how could a law be broken? If I'm walking around on my own land and see a camera I didn't put there and take it at a minimum I'd claim entrapment. How can someone come on your land place an item then arrest you for taking an item you did not give anyone permission to place on your property?

Re: Open Field Law [Re: Slimpickin] #7938040 08/16/20 04:37 PM
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Just leave a note in a baggie. “I have the camera that was here, come see me if you want it back, and explain why it was on my property”. Then photograph the baggie and placement.


Not my monkeys, not my circus...
Re: Open Field Law [Re: Slimpickin] #7938069 08/16/20 04:59 PM
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_____________"Illegitimus non carborundum est"_______________

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Re: Open Field Law [Re: Slimpickin] #7938185 08/16/20 06:25 PM
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Monsanto will come on your land without permission and check your crop for their genetics if your neighbors have their genetically alter seed and paid for the genetics and it is documented and you have no documentation. Have heard on t.v. where they sued even though their seed wasn't planted.

Re: Open Field Law [Re: Slimpickin] #7939003 08/17/20 12:31 PM
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If it's on my land, it's mine. I don't know the recently moved in GW but have known all the rest. I assume that they would tell me if they assumed a problem. But, I may be kidding myself.


Without a sense of urgency, nothing ever happens.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP
Re: Open Field Law [Re: Slimpickin] #7939011 08/17/20 12:39 PM
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603's reasoning seems appropriate here.

Re: Open Field Law [Re: Slimpickin] #7939013 08/17/20 12:40 PM
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Originally Posted by Slimpickin
The guy in Tennessee had his house raided because he pulled the camera...claimed he stole them.


I’ve only met one state GW that I thought was suspect of wearing that badge. Rest where an absolute honor to meet. I just can’t see that going down here in Texas.

Just doesn’t make sense


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Re: Open Field Law [Re: Slimpickin] #7939016 08/17/20 12:45 PM
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Quote
Monsanto will come on your land without permission and check your crop for their genetics if your neighbors have their genetically alter seed and paid for the genetics and it is documented and you have no documentation. Have heard on t.v. where they sued even though their seed wasn't planted.


That would be trespassing , not covered by open fields.

Re: Open Field Law [Re: Slimpickin] #7939244 08/17/20 03:35 PM
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The Monsanto deal is complete BS. I would probably take up any camera I found AND call the game warden to report, be an interesting conversation if it turned out to be theirs.

BUT, like folks say to other folks, if you don't break the law you don't have to worry about law enforcement's actions. I wouldn't worry too much about being caught doing something on my private land because I don't break the law on my private land.


We are all in this together.
Re: Open Field Law [Re: mickeyhft] #7939260 08/17/20 03:42 PM
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Originally Posted by mickeyhft
The Monsanto deal is complete BS. I would probably take up any camera I found AND call the game warden to report, be an interesting conversation if it turned out to be theirs.

BUT, like folks say to other folks, if you don't break the law you don't have to worry about law enforcement's actions. I wouldn't worry too much about being caught doing something on my private land because I don't break the law on my private land.

EXACTLY.

Don't do dumb stuff; don't win dumb prizes.

Re: Open Field Law [Re: Slimpickin] #7939264 08/17/20 03:45 PM
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Without any links to stories and given other comments I'm guessing this happened in another State, TN?
I'm in TX as I assume most of us on here are. Different States, different laws.

Re: Open Field Law [Re: fmrmbmlm] #7939281 08/17/20 03:54 PM
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Originally Posted by fmrmbmlm
Monsanto will come on your land without permission and check your crop for their genetics if your neighbors have their genetically alter seed and paid for the genetics and it is documented and you have no documentation. Have heard on t.v. where they sued even though their seed wasn't planted.



That’s actually not true. The case was actually in Canada and a guy decovered he had round up resistance (if I remember right I think) alfalfa on his field edges(neighbor planted it) so he kept seed, replanted it, harvested it and was reselling patented seed. Long story short he could of sold the crop but not as seed, if that makes sense.

The Monsanto conspiracies are pretty funny.










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Re: Open Field Law [Re: Slimpickin] #7940184 08/18/20 01:57 AM
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If I found a camera it would be placed in a safe place, if the owner wants it, he can have it after he proves to me he was the owner and explains why he was there. I would tell him where it is, then he can go get it.


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Re: Open Field Law [Re: Slimpickin] #7940228 08/18/20 02:25 AM
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I would probably assist the local law enforcement if they give me the courtesy to explain beforehand as to what is going on, and what they would like on my property. If it's after the fact, I wouldn't be as gracious.

Re: Open Field Law [Re: BOBO the Clown] #7940337 08/18/20 04:56 AM
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Originally Posted by BOBO the Clown
Originally Posted by fmrmbmlm
Monsanto will come on your land without permission and check your crop for their genetics if your neighbors have their genetically alter seed and paid for the genetics and it is documented and you have no documentation. Have heard on t.v. where they sued even though their seed wasn't planted.



That’s actually not true. The case was actually in Canada and a guy decovered he had round up resistance (if I remember right I think) alfalfa on his field edges(neighbor planted it) so he kept seed, replanted it, harvested it and was reselling patented seed. Long story short he could of sold the crop but not as seed, if that makes sense.

The Monsanto conspiracies are pretty funny.

I know you can't keep and plant or sell their seed, this was a tv program about 10-12 years ago and a lot was about them in other countries, maybe these people were lying about their experience in the U.S.. i don't think it was Texas and it was somewhat anti Monsanto. I have used roundup for over 40 years and have doubts about some of the cancer law suits especially when these people used it only a few times

Re: Open Field Law [Re: Slimpickin] #7940366 08/18/20 07:43 AM
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I read the same article. It's a supreme court decision on the doctrine. I disagree but it has been the law of the land a whilw.


Basically says the 4th Amendment applies where you have an expectation of privacy, house, buildings, vehicles.... not open fields.

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