Hunting by a combine illegal in SD???

[captaincoot]

Nope have not done nor will I.

I remember a prior post of yours that said you tried this but did not have good results. Please step off your soapbox now.

 

[captaincoot]

I JUST CALLED THE GAME WARDEN IT IS 100% LEGAL IN THE STATE OF IOWA2 SHOT,POST, FOLLOW BY COMBINE:10sign: She said you can even ride the combine and shoot them if on private property She is a hard core by the book warden so she knows what she's talking about. Poeple take Spence advice and call:thumbsup:

 

[blackcloud27]

wont have to worry about it in north iowa this year corns all out and the ground is worked.

 

[moellermd]

I JUST CALLED THE GAME WARDEN IT IS 100% LEGAL IN THE STATE OF IOWA2 SHOT,POST, FOLLOW BY COMBINE:10sign: She said you can even ride the combine and shoot them if on private property She is a hard core by the book warden so she knows what she's talking about. Poeple take Spence advice and call:thumbsup:

Well have it then. Shooting off the combine seems a little odd but hey if that is what she said. You are correct that when I first started hunting I tried the combine thing but that was 20 years ago, ouch am I really getting that old.

 

[birdman652001]

I'm with birdman and captaincoot on this one. The combine is not used to "chase" anything other than corn stalks.
As far as the farmer that has been sitting in a combine all day every day for a week or two, i don't think asking him to stop so you can walk a strip of corn is a realistic idea. They just want to get off the tractor and probably aren't too concerned about the pheasants.

I have never done it, but I see no problem in the original post. my opinion.

Thank you.. let me remind lots of members here. i USED to be a Law Enforcement Officer. meaning I enforced the LAWS.

Yes it is only being used to harvest corn. But it is pushing the birds also. Even though that is not what it is made for. They see it as a threat. If they did not it see it that way they would sit there and let it pass over them and move after that.

As for the farmer. I understand him wanting to get off the combine and all. But this is his last row in the field it sounds like so he will be moving on to another field. Just wait him out and chase them after they fly out of the row. If the people were given a fine for it every one here would be thanking them for the heads up that it was illeagle. Not every Federal Warden is going to be as nice and just give warnings

right... but remember federal warden and the state warden may differ in their interpretation of the regulations. federal does have superior rank over the state so the state warden cant step in and say otherwise if he disagrees.

remember, i dont think the hunting party and the farmer AGREED to push the pheasant with the combine. just happened he was there at the last row, the hunters happen to be at the right time, right spot.

What if I am road hunting and see them harvesting. So I stop and park my rig to the far right side of the road. I turn the engine off and shut all the doors. I walk 50 feet away from the rig. At the same time the field on one side of the road is being combined and pheasants are pouring out over the road. I then set up shop and shoot them as they pass over the road.

Illegal? Nope. Ethical? Questionable. Fun? Yes. Have I done it? No.

if you saw a farmer harvesting and youre on the right of way, youre perfectly legal to sit there and wait. yes, it takes the fun out of hunting though.

If you read all the posts you would see that two game wardens have already said it is illegal. We are simply discussing the merits of that interpretation. Maybe you would like to constructively participate in that discussion.

like i stated about ND saying that the warden even seen people line up the road waiting for the combines to push out the deer so they can get a shot at them. he didnt see anything illegal about it.

Nope sorry bud, I've read the whole post.

Two game wardens said it was illegal but ticketed nobody.... seem wierd??

Maybe it seems like it could be illegal due to the wording of the law, but it also seems due to that wording that its not.

If you're really that concerned about it, maybe YOU should call the game warden, dept of fish and wildlife, etc... whoever you may feel has this answer and get all the facts strait.

I honestly couldn't even give two shakes a care in this matter.... Because I won't say that I'll ever take part in something like that. Not because I think it's wrong, but just because I'd rather pheasant hunt in another way, as far as i'm concerned thats shooting not hunting...

So thats how i'll choose to participate in this discussion.

the regulation doesnt state what kind of motorized vehicle cannot be allowed and if the warden can present astounding evidence that the farmer intended to use the combine to PUSH out the wild life which in this case.. no. harvesing corn does not consider pushing.

No not wierd at all. Law enforcement officers give warnings all the time. So I see no need to get a third DNR officers opinion.

i give warnings too, only at descretion of my decision. I will usually say this, if i had stopped you for doing 45 in a 30 zone. i'll tell you this, i will check your prior traffic violations, you may get a citation if you do, if you dont have any, i will let you off on a warning. remember, there was two wardens there, one was a higher rank officer over a state. whatever the higher ranking officer, the lower rank officer CAN NOT debate or argue with the ranking officer in front of the violator. we were taught this in the academy, if your SGT says to let this person go even though you have LOTS of evidence that you caught them, if the sgt says to let them go, you have to listen to your superior officer. I then can discuss with the next rank in my office and if i find this sgt unlawful, i may then file a grievance form to be investigated and hold all information i have to present it.

I JUST CALLED THE GAME WARDEN IT IS 100% LEGAL IN THE STATE OF IOWA2 SHOT,POST, FOLLOW BY COMBINE:10sign: She said you can even ride the combine and shoot them if on private property She is a hard core by the book warden so she knows what she's talking about. Poeple take Spence advice and call:thumbsup:

like i said, i used to be a cop, i know all about this because when i was a deputy in Sioux Falls (minnehaha county sheriffs) we were told how to interpret this. farm equipment is NOT included in the motorized vehicle regulations.

iive been a LEO for 10 years, when i worked in the sheriffs office in Sioux Falls, i was told that farm equipments are excluded from the Motorized Vehicle regulations in the hunting handbook. Ive seen farmers used their tractors to hunt deer, is it illegal? no. its legal, if he does it on his own land, a warden cannot go on the land, when he meets the farmer on the right of way road, he can then ask for a hunting license such as deer tags. farmers cna hunt pheasants without a license if their on their own land.. or i could be wrong if they changed that law.

 

[Spence]

the regulation doesnt state what kind of motorized vehicle cannot be allowed and if the warden can present astounding evidence that the farmer intended to use the combine to PUSH out the wild life which in this case.. no. harvesing corn does not consider pushing.

So just like the case we are dicussing... no one ever said anything about just randomly driving around a combine trying to push pheasant out.

 

[birdman652001]

So just like the case we are dicussing... no one ever said anything about just randomly driving around a combine trying to push pheasant out.

huh? what are you trying to say? truck? combine? road hunting? im confused by you quoting me then saying something different.

 

[Spence]

first you quoted me... talking about how the law seems a little blurry.

all I'm saying is apparently it is.. you stated that in this case its not illegal. but if he wasn't harvesting corn or anything else and just driving the combine thats another story.

There's people on this entire post saying that what happened was illegal, and apparently the 2 wardens said it was also.

now you're saying in this case its not.... Which I agree with. But it seems there are plenty of know it all do-gooders on this site that feel their opinion of it being illegal is correct.

Basically all I'm getting at liek i said earlier, if you feel like this situation would apply to you then call and ask (that goes for everyone, not directing this at you) your not going to get a strait answer here, much less one that has any merit at all.

Try this one out one day "But officer Roosterlover4715 on Ultimate pheasant hunting forum told me I could"

 

[birdman652001]

Try this one out one day "But officer Roosterlover4715 on Ultimate pheasant hunting forum told me I could"

thats a good one. i do like how captaincoot put the effort to call a game warden and its not illegal to do so.

im just stating what i know when i was a deputy during pheasant season, how they define the regulation. so i put it on here what i know. i wont agrue with you on what you said.

if it happens to me, and a warden says that to me and actually gives me a ticket.. (which i dont know what codified law he'd write down) i would definately fight it. but thats just me.

 

[Calisdad]

the regulation doesnt state what kind of motorized vehicle cannot be allowed??

Talk about muddying the waters. So I can ride around on my farm based quad runner and blast away? I think NOT.

Sure seems like the limit busters (pun intended) out weigh the conservationists. Well you can always tell your grandkids how good it WAS. Don't forget to take lots of pics.

 

[birdman652001]

the regulation doesnt state what kind of motorized vehicle cannot be allowed??

Talk about muddying the waters. So I can ride around on my farm based quad runner and blast away? I think NOT.

Sure seems like the limit busters (pun intended) out weigh the conservationists. Well you can always tell your grandkids how good it WAS. Don't forget to take lots of pics.

i think the regulation DOES state about atvs and snowmobiles. no where does it say about farm equipments.

 

[oldandnew]

I think the Iowans should all buy John Deere 45 combines, with the open station from the 60's, and beg the neighbors for a chance to cut the last two rows, can always road hunt out of it afterward, with any luck with the pheasant population already in the toilet, and facing the worst year ever square in the face, maybe, if your lucky, and use every advantage imaginable, you can kill the last wild rooster in Iowa!!!! Well there's always stocked chickens, they're legal now too!

 

[moellermd]

iive been a LEO for 10 years, when i worked in the sheriffs office in Sioux Falls, i was told that farm equipments are excluded from the Motorized Vehicle regulations in the hunting handbook. Ive seen farmers used their tractors to hunt deer, is it illegal? no. its legal, if he does it on his own land, a warden cannot go on the land, when he meets the farmer on the right of way road, he can then ask for a hunting license such as deer tags. farmers cna hunt pheasants without a license if their on their own land.. or i could be wrong if they changed that law.

I think you need to do a little fact checking before you get people in trouble. Open fields doctrine allow law enforcement officers to enter private land without permission, suspicion, and without probable cause.

 

[birdman652001]

I think you need to do a little fact checking before you lead get people in trouble. Open fields doctrine allow law enforcement officers to enter private land without permission, suspicion, and without probable cause.

Oh and your statements you stated were facts too? none of my statement about combines being used in fields were misleading information, in FACT were correct about farm equipment being excluded per captaincoot's confirmation of the phone call to a warden. we're both in this boat on this. you were proved wrong about combines being used to flush out birds and how that was no different than the regulations of motorized vehicles.
Captaincoot proved you wrong today. get over it. you lost this one. amazing what a phone call can do. PLUS an experienced law enforcement officer on this board.

and youre wrong, they have to have probable cause to ENTER land, homes, vehicles or properity. Just like any law enforcement officer. I cant not enter the properity unless i find probable cause to enter. After a plain view falls in, thats probable cause.

you can go on and on about this. i wont say i won this battle.. nor did i lose this battle. you just need to accept and bite the dust and move on.

 

[moellermd]

and youre wrong, they have to have probable cause to ENTER land, homes, vehicles or properity. Just like any law enforcement officer. I cant not enter the properity unless i find probable cause to enter. After a plain view falls in, thats probable cause.

Here is Larry Long, the SD Attorney Generals finding on this issue.

In light of all the above, it is my opinion that a duly sworn and certified or probationary conservation officer has the authority to enter privately owned "open fields," without suspicion, probable cause, consent or permission, or a search warrant to perform duties of conducting license checks and enforcing wildlife laws. Furthermore, such entry by a conservation officer does not constitute an illegal trespass.

http://atg.sd.gov/TheOffice/Officia...bid/262/itemID/1623/moduleID/591/Default.aspx

The original post was referencing SD not IA. A LEO told him it was illegal thats all I need to know I can't do it in SD.

 

[birdman652001]

Here is Larry Long, the SD Attorney Generals finding on this issue.

In light of all the above, it is my opinion that a duly sworn and certified or probationary conservation officer has the authority to enter privately owned "open fields," without suspicion, probable cause, consent or permission, or a search warrant to perform duties of conducting license checks and enforcing wildlife laws. Furthermore, such entry by a conservation officer does not constitute an illegal trespass.

http://atg.sd.gov/TheOffice/Officia...bid/262/itemID/1623/moduleID/591/Default.aspx

The original post was referencing SD not IA. A LEO told him it was illegal thats all I need to know I can't do it in SD.

Search and seizure is an examination of someone’s residence, business or vehicle by police officers looking for evidence of a crime. If the evidence is found, they may seize it.

The Fourth Amendment of the United States Constitution limits the power that police officers have to make arrests, search people and their property, and to seize objects. It states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Because the amendment does not go into detail, most of the laws we have today that determine what makes a search or seizure illegal are found in court rulings. The general rule in the U.S. is that a valid search warrant is required to search someone’s property.

However, there are exceptions to this rule. One exception is when the owner of the property consents to the officer’s request to search it. The consent must be voluntary. The law enforcement agent is not required to tell the suspect that he may refuse.

Another exception is when someone does not possess a “reasonable expectation of privacy.” An example of this is leaving your trash in a garbage can outside of the home – society does not acknowledge that you can expect your trash to remain private.

There is also an “automobile exception.” One law scholar has even said that you should never put anything in your car that you would not want an officer to see.

There is also an “exigent circumstances” exception to the warrant requirement. During exigent circumstances, the officer has a reasonable belief that evidence is in danger of being removed or destroyed, and must act quickly to gather the evidence.

get a grip and cut your loss.

 

[Calisdad]

i think the regulation DOES state about atvs and snowmobiles. no where does it say about farm equipments.

Got a link for that?

OK. Everyone here knows there is a big difference between legal and ethical, right? ( God, why do I ask? ) Wouldn't you feel better about your hunt if you came back the next day and hunted the disturbed roosters knowing the best and brightest got away and were free to breed the next year and advanced the species? Is this really a foreign concept?

 

[birdman652001]

Page 47 of the 2010 South Dakota hunting handbook

No person may use a motor vehicle to chase,
harass, intercept, pursue or disturb big game,
small game or migratory birds.
• No person may use any aircraft to hunt, take,
concentrate, rally or locate any game.
• No person may use a snowmobile to chase,
harass or disturb any wild animal.
• No person may use an amphibious or allterrain
vehicle to hunt or shoot at waterfowl
unless the vehicle is at rest or being used as
part of a fixed hunting blind.
• No person may use a motor vehicle on State
School and Public Lands for the purpose of
hunting, fishing or trapping. The restriction does
not apply to roads, trails or parking areas
designated and signed by GFP.
• No person may possess a firearm while riding on
or operating a snowmobile, motorcycle or offroad
vehicle, unless the firearm is completely
unloaded and completely enclosed in a carrying
case. This does not apply to persons using offroad
vehicles on their own land or land they
lease or to persons with a disabled hunter permit,
but does apply to use of snowmobiles and
motorcycles. This does not apply to any person
carrying a pistol and possesses a valid permit to
carry a concealed weapon.

Got a link for that?

OK. Everyone here knows there is a big difference between legal and ethical, right? ( God, why do I ask? ) Wouldn't you feel better about your hunt if you came back the next day and hunted the disturbed roosters knowing the best and brightest got away and were free to breed the next year and advanced the species? Is this really a foreign concept?

I made the words bold... just for you. oh and make sure you read this.. This does not apply to persons using offroad
vehicles on their own land

 

[Calisdad]

Ya left out the part about ethics and combines.

 

[birdman652001]

Ya left out the part about ethics and combines.

okay.. wow. apparently statement by captaincoot didnt read english for you. motorized vehicle in general knowledge (if you went to high school) would be first thing come to mind would be pickup, car, etc. farm equipments arent licensed or required to re-new annual tags. they would be excluded. farm equipment are used for farms, cars and pickups are used for other intentions which one of them is hunting.


im retiring from this thread. now i see why people leave this site. sometimes people's opinion just gets to a point theyy believe its a fact when it isnt.


its like debating whether 9/11 was staged or intentional attack.