Anyone have more information on this?

[Hilljackoutlaw]

This is a strange sounding case. Anybody read or heard more about it?

TN man finds TWRA hidden camera on his property

The TWRA, at the time of the case, was actually within its rights to install cameras on private property. But things are changing.

wreg.com

 

[EYJONAS!]

This is a strange sounding case. Anybody read or heard more about it?

TN man finds TWRA hidden camera on his property

The TWRA, at the time of the case, was actually within its rights to install cameras on private property. But things are changing.

wreg.com

Thats pretty wild almost too wild.

 

[dgc1963]

I have read in many states the wardens do not need permission to hang cams on private land when trying to catch someone doing something wrong
It doesnt seem like it should be this way due to that pesky thing called the Constitution but here we are

 

[okie archer]

He was arrested for "stealing" a government camera on his own property.
Another example of bully government and government overreach, all the way from trespassing his private property, hanging a trail camera without permission and not even communicating with him about it, arresting him for stealing government property, running the case through court until he could no longer afford it. If he was illegally baiting fine give him a ticket, but the rest of this junk is ridiculously wrong.

 

[DouglasR]

He was arrested for "stealing" a government camera on his own property.
Another example of bully government and government overreach, all the way from trespassing his private property, hanging a trail camera without permission and not even communicating with him about it, arresting him for stealing government property, running the case through court until he could no longer afford it. If he was illegally baiting fine give him a ticket, but the rest of this junk is ridiculously wrong.

Sounds like the guy might’ve been up to some shit puppetism though.
Prob a lot more to the story.

 

[Sytes]

The Open Fields doctrine.
Curtilage is the area around the home, considered associated with the Fourth Amendment.
Hester v. United States, Oliver v. United States: ‘immediately surrounding and associated with the home’ . . . [is] ‘part of the home itself for Fourth Amend￾ment purposes.’

 

[Redmt]

CA game Wardens can WALK onto private property without a warrant or permission. They may NOT drive in. If I was to find a camera or other items abandoned on my PRIVATE property, then I would do what I saw appropriate. I would probably NOT leave it functional. Cameras are not water proof or bullet proof.

 

[Hunting Wife]

Sure sounds like someone called in a tip on the guy, in which case they would have had cause. I don’t think this article is giving even half of the story.

 

[Redmt]

Sure sounds like someone called in a tip on the guy, in which case they would have had cause. I don’t think this article is giving even half of the story.

Your probably right. I doubt the camera was placed randomly. I'll also guess that there was another camera aimed at the one he found in the tree.

 

[2ski]

He just kind of forgot about the game camera in the safe.....

The merits of a game camera placed by the government cam be debated but when the article says this, I start to question the other things he's fibbing on.

 

[Treeshark]

He just kind of forgot about the game camera in the safe.....

Agreed, that part tripped me up too. If I was in that position, I wouldn’t be able to sleep a wink and it’s all I would think about (especially if I thought back to instances of violation that it probably captured, as they apparently did in his case).

It feels gross that they can place cameras on private property, but I’m guessing there is quite a bit more to this story.

 

[Stocker]

I’m not really sure how to feel about this. On 1 hand I’m against any government overreach and chipping away at the Constitution. On the other hand I think animals need protected and it’s almost impossible for wardens to do that in mostly private held states without the ability to trespass in order to enforce the law. For example our here in Nebraska by the time a warden got a warrant the evidence would be all but gone.


I feel like the guy was obviously doing something wrong, and he’s trying to fight the gov.

Quite the conundrum. I’m usually for people fighting the gov, but I hate poachers/game cheaters. So I just don’t know.

 

[TheJason]

Tennessee Open Fields - Institute for Justice

Tennessee Wildlife officials were caught putting cameras on Terry Rainwaters’ property, ignoring his “No Trespassing” signs. Terry and another rural Tennessee property owner are joining forces with IJ to fight back against the “open fields doctrine” that permits this action in violation of the...

ij.org

The court decision is at the end.

TLDR - unconstitutional

 

[Sytes]

Fourth Amendment has already been established by the US Supreme Court. It does not cover outside the area of the home. (In general terms)

Oliver v. United States: ‘immediately surrounding and associated with the home’ . . . [is] ‘part of the home itself for Fourth Amendment purposes.’

More info - more detailed:

Oliver v. United States, 466 U.S. 170 (1984)

Oliver v. United States

supreme.justia.com

The specific language:

"We conclude, from the text of the Fourth Amendment and from the historical and contemporary understanding of its purposes, that an individual has no legitimate expectation that open fields will remain free from warrantless intrusion by government officers."

FindLaw's United States Supreme Court case and opinions.

FindLaw's searchable database of United States Supreme Court decisions since

caselaw.findlaw.com

 

[jt13]

A poor play by TWRA that cost them a lot of enforcement options in the future. Many states are now reviewing policy about placing cameras on private property. There's an ongoing lawsuit about the exact topic here in PA. If wardens lose open fields doctrine nationwide law abiding hunters and wildlife will pay the price.

 

[Dakotakid]

Fourth Amendment has already been established by the US Supreme Court. It does not cover outside the area of the home. (In general terms)


More info - more detailed:

Oliver v. United States, 466 U.S. 170 (1984)

Oliver v. United States

supreme.justia.com

The specific language:

"We conclude, from the text of the Fourth Amendment and from the historical and contemporary understanding of its purposes, that an individual has no legitimate expectation that open fields will remain free from warrantless intrusion by government officers."

FindLaw's United States Supreme Court case and opinions.

FindLaw's searchable database of United States Supreme Court decisions since

caselaw.findlaw.com

Federal law limits fourth amendment protections to inside residents and excepts vehicles.

States can and often do grant greater fourth amendment protections.

Tennessee now grants greater protections depending on the State Supreme Court’s ruling.

 

[Flatbrimmer]

This is a strange sounding case. Anybody read or heard more about it?

TN man finds TWRA hidden camera on his property

The TWRA, at the time of the case, was actually within its rights to install cameras on private property. But things are changing.

wreg.com

Wowwwww that’s so PHUCKED up…. Trespassing to catch a crime? Hmmm
Police the police?

Even if the guy is a wildlife criminal, and they’re trying to bust him- you cannot commit a crime to solve one. Period..

 

[3855WIN]

Judge rules in favor of landowners in TWRA privacy case

The outcome of the case is far-reaching. Now, all TWRA officers have to obtain a search warrant before searching private property.

www.wkrn.com

 

[jt13]

Wowwwww that’s so PHUCKED up…. Trespassing to catch a crime? Hmmm
Police the police?

Even if the guy is a wildlife criminal, and they’re trying to bust him- you cannot commit a crime to solve one. Period..

Whats next?! Police will be allowed to violate traffic laws to catch up with fleeing suspects? Speeding to catch a speeder...the HORROR. #1984

 

[Bigjay73]

Eff this guy, he's just another poacher. If the wardens methods were improper, why did he take a plea deal, why didn't his lawyer get the charges dismissed?