License check. Is this legal?

You know reasonable reason to search is very open to interpretation. A truck hunting dogs,maybe a orange cap,vest shells,shock collars,strange to the area any may rise concern.
As I previously posted they may have been looking for someone else say a suspected drunk driver. Ask for your license so he can smell your breath. May have been watching someone else and you were a aversion.
 
Labchaser said:
There’s a thing called the 4th amendment. I wouldn’t think game wardens were exempt…although I’m pretty sure most think they are.
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It's actually a little more complicated than that.

The 1924 Open Fields Doctrine originated from the prohibition-era Supreme Court decision Hester v. United States, where the court held that “the special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers, and effects,’ is not extended to the open fields.” More than a half a century later, in 1984, the Supreme Court re-examined the doctrine in Oliver v. United States, and held that warrantless searches conducted by officers on private property were permissible, even when the property is posted with “No Trespassing” signs. The doctrine “permits police officers to enter and search a field without any warrants.”

The 1924 ruling primarily was directed at moonshiners but it's still there. More recently, where appropriate, it has been used against marijuana growers.
Individual states have, like SD in 2021, passed laws that restricts game wardens’ ability to enter private lands but not prohibit. A few states have rejected the Open Fields Doctrine, but most states have accepted the Supreme Court’s 1924 decision.
 
dakotasj said:
It's actually a little more complicated than that.

The 1924 Open Fields Doctrine originated from the prohibition-era Supreme Court decision Hester v. United States, where the court held that “the special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers, and effects,’ is not extended to the open fields.” More than a half a century later, in 1984, the Supreme Court re-examined the doctrine in Oliver v. United States, and held that warrantless searches conducted by officers on private property were permissible, even when the property is posted with “No Trespassing” signs. The doctrine “permits police officers to enter and search a field without any warrants.”

The 1924 ruling primarily was directed at moonshiners but it's still there. More recently, where appropriate, it has been used against marijuana growers.
Individual states have, like SD in 2021, passed laws that restricts game wardens’ ability to enter private lands but not prohibit. A few states have rejected the Open Fields Doctrine, but most states have accepted the Supreme Court’s 1924 decision.
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Additionally, the standard for a "stop" is only reasonable suspicion.
Probable cause is the legal standard needed for an arrest, a search or a affidavit in support of a search warrant.
There are several exceptions to allow for warrantless entries and searches, one of which is the Carroll Doctrine or commonly known as the automobile exception. It allows for a warrantless search of a motor vehicle with probable cause based on the inherent mobility of a motor vehicle and the ability for that evidence or contraband to be moved or destroyed before a search warrant can be obtained.
The courts have upheld that there is a significantly less expectation of privacy in a motor vehicle as compared to a residence.
Other exceptions include open fields, plain view (or smell or touch), exigency, community caretaker to name a few.
The prong of the 4th Amendment is that it only protects a person from unreasonable search and seizure.
 
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For me, it goes back to the reasonableness of the stop. You can also ask, politely, what is the reason for the stop. I.E. Airmedics example.
Various courts have held that law enforcement has to identify themselves and the reason for the stop and the scope of questions/information gathering has to be relative to the reason for stop.
 
Like I said in my first post, I think I could have argued and asked why he was asking for my hunting license. I wasn't out of state, not wearing orange, guns and vest were stored and out of sight, my only crime and it's not a crime was having my dogs in the truck with me, but as I mentioned, I might have won that battle and the lost the war by having him be pissed at me and checking me every time he saw me. As it was I showed him my license and never had anymore contact with him!
 
carptom1 said:
There is much about law enforcement that at times doesn’t feel right. Maybe the reason it doesn’t feel right is I primarily error on the side of what is legal… you can thank the many who don’t for this. I hunted Iowa a lot back in the late eighties early nineties. I got my vehicle searched once and heavily questioned because he had a report of someone shooting birds out of a truck window. Since I was in a truck it must have been me. It did feel a little gestapo like, but since all was in order it wasn’t that big of a deal. Like with police some are better than others.
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One time my cousin had a hen,marijuana,non toxic shot, and booze, and was not ticketed!!
 
wingsnfins said:
Every state legislature creates the authority of which it's law enforcement officers can act under within the scope of it's state constitution and the federal constitution.
With that, many state legislatures, upheld by the courts, would allow for a "stop" of a person by a natural resources officer so long as it met a reasonableness standard.....such as it would be reasonable for the conservation officer in your example making the observation of the 3 vehicle caravan traveling from one field that is utilized for hunting to another field that is used for hunting to assume the occupants are engaged in, have been engaged in or will be engaged in the act of hunting, for which licenses are required. Couple that with any observation of hunting gear, attire, dogs, etc. would only further contribute to fill the reasonableness of the stop.
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well said, counselor
 
Meh, he knew you guys were hunting, and was not wrong. Nothing wrong here. Lots of guys get pits in their stomach when CO comes around. Even some of the most strait laced guys I know.
 
Airmeds example sounds nuts to me. I'm pro C.O. but man I wouldn't have complied with that one. In most states you're required to show your license to a CO while hunting. But if I'm at a gas station, no way would I comply without giving some push back, personally.

If you're standing in your driveway next to a car, should a cop ask to see your driver's license because you may drive later?
 
The other option the OP is missing is to stay out of states that enforce their game laws. Go back and hang out with Tampon Timmy. You purchase a license and you have agreed to be checked without reasonable suspicion of committing a crime. Just the face he believes you are hunting warrants him to be able to check you. Opening day, orange, leaving a field driving 3 trucks deep and stopping at another. He didn’t overstep. I personally dont love how black and white ive heard wardens can be with citations, but it is what it is. Learn the laws of where you hunt and stop bitching.
 
Labradinger said:
The other option the OP is missing is to stay out of states that enforce their game laws. Go back and hang out with Tampon Timmy. You purchase a license and you have agreed to be checked without reasonable suspicion of committing a crime. Just the face he believes you are hunting warrants him to be able to check you. Opening day, orange, leaving a field driving 3 trucks deep and stopping at another. He didn’t overstep. I personally dont love how black and white ive heard wardens can be with citations, but it is what it is. Learn the laws of where you hunt and stop bitching.
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Lol
 
Goosemaster said:
One time my cousin had a hen,marijuana,non toxic shot, and booze, and was not ticketed!!
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Wow! Your cousin sounds like a smooth operator in disguise. Shooting pet turkeys and combines. Bags a hen every few trips. Shoots high brass magnums on Federal Waterfowl Production areas, but no ticket! Not to mention he probably accidentally wanders onto private ranches loaded with birds, he just missed the sign. Either he plays the country bumpkin real good, or maybe used the excuse he forgot his glasses and thought that doobie was a lung dart and those lead loads where shteeeel. I'd like to hunt with your cousin some day(maybe by Hilger). If you can't make it goose that's fine, just lend us Mr. Jones and River for the day, you can go and waterski out on Ft. Peck. What a great day it would be out on the Hi Line chasing roosters with Cousin Goose. The only problem is, we'd arrive back at the truck after hunting federal property, your cousin would have forgotten his vest so I'd have all the lead shot hens in my game bag. Whatever other contraband your cousin carries would be in my truck with out-o'-state plates. That's when Mr. Green Jeans would roll up on us, I'd spend the week in Fergus county jail, and your cousin would be off scot-free!
 
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Bob Peters said:
Wow! Your cousin sounds like a smooth operator in disguise. Shooting pet turkeys and combines. Bags a hen every few trips. Shoots high brass magnums on Federal Waterfowl Production areas, but no ticket! Not to mention he probably accidentally wanders onto private ranches loaded with birds, he just missed the sign. Either he plays the country bumpkin real good, or maybe used the excuse he forgot his glasses and thought that doobie was a lung dart and those lead loads where shteeeel. I'd like to hunt with your cousin some day(maybe by Hilger). If you can't make it goose that's fine, just lend us Mr. Jones and River for the day, you can go and waterski out on Ft. Peck. What a great day it would be out on the Hi Line chasing roosters with Cousin Goose. The only problem is, we'd arrive back at the truck after hunting federal property, your cousin would have forgotten his vest so I'd have all the lead shot hens in my game bag. Whatever other contraband your cousin carries would be in my truck with out-o'-state plates. That's when Mr. Green Jeans would roll up on us, I'd spend the week in Fergus county jail, and your cousin would be off scot-free! Even though he shot you once, I can still see why you hunt with him, he's really good at getting access. If your nephew comes out hunting from california, try and not bring your cousin. Don't want bad habits rubbing off on the "youth."
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He's definitely a smooth talker.There has been a few times where he was checked and should have been seriously busted.One time,he knew the game wardens brother! He's color blind for one thing, and he's sort of retarted.
 
Bob Peters said:
Wow! Your cousin sounds like a smooth operator in disguise. Shooting pet turkeys and combines. Bags a hen every few trips. Shoots high brass magnums on Federal Waterfowl Production areas, but no ticket! Not to mention he probably accidentally wanders onto private ranches loaded with birds, he just missed the sign. Either he plays the country bumpkin real good, or maybe used the excuse he forgot his glasses and thought that doobie was a lung dart and those lead loads where shteeeel. I'd like to hunt with your cousin some day(maybe by Hilger). If you can't make it goose that's fine, just lend us Mr. Jones and River for the day, you can go and waterski out on Ft. Peck. What a great day it would be out on the Hi Line chasing roosters with Cousin Goose. The only problem is, we'd arrive back at the truck after hunting federal property, your cousin would have forgotten his vest so I'd have all the lead shot hens in my game bag. Whatever other contraband your cousin carries would be in my truck with out-o'-state plates. That's when Mr. Green Jeans would roll up on us, I'd spend the week in Fergus county jail, and your cousin would be off scot-free! Even though he shot you once, I can still see why you hunt with him, he's really good at getting access. If your nephew comes out hunting from california, try and not bring your cousin. Don't want bad habits rubbing off on the "youth."
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Are you thinking we need to start a “go fund me UPH for Bob’s bail money” now or wait until we read you name in the Fergus county jail roster?
 
MinnHunter said:
We were in a 3 vehicle caravan driving gravel roads in Iowa from one field to another several miles away. Enroute we pass a co and he turns around and follows us for several miles to our next field where he parks and asks for licenses. He even mentioned pulling us over but he thought we would stop soon. He did not see us hunting or even out of our vehicles. My gut says he was operating outside of the law but I just want to know. ????
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In Iowa they can pull you over if they suspect you are going to/from hunting or fishing activities. Ive not been pulled over, but passed one of the wardens I know last year on a hwy going from one area to the next and he rubber necked HARD. Still wearing orange, i couldnt believe he didnt stop us, called him real quick and said "just passed you on the road, cant believe you didn't stop us" he said "oh that was you? I would have if i wasnt going to a school to speak and am already late" Then asked if we got any birds and how many we saw and wished us good luck the rest of the day.

Wearing orange this time of year is probable cause you were hunting, and if they are bored they are probably going to stop and check ya.
 
airmedic1 said:
I was in the middle of a town, about 90 miles from where I was hunting. Other than having the dogs in my pickup there was nothing to really indicate I was a hunter. My vest and gun were stowed out of sight and I wasn’t wearing orange so as far as he knew I was just a guy buying a six pack.
It just struck me as weird that he checked me as I walked out of a convenience store in the middle of a town. He didn’t ask me if I had been hunting or if I had shot anything, he just wanted to see my license.
I thought that if he had seen me when hunting 90 miles from there he would have checked me there or at least asked me if I had shot anything when he asked for my license.
Like I said, I complied with his request and I don’t mind being checked, and I don’t do anything illegal, but would it be okay if he checked me when I walk out of church?
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They usually always start the conversation with "been hunting?" And if you say no the say "on your way out?" They need to know one of those is true before they can check your license. Same if he pulled you over, if you say no you always wear your orange hat and just on your way to town to get breakfast he will let you go on your way (assuming you dont have a dog and guns and everything). If you lie you just committed a crime.

Dont forget road hunting is legal in Iowa guys. Just because you are in a vehicle doesnt mean you aren't "hunting". You don't have to be in a public land field with a gun to be considered hunting around here
 
Minnhunter, you were on a gravel road in Iowa during pheasant season, with dogs/guns/orange in the truck. You were technically in the act of hunting whether you considered yourself to be or not, those ditches on each side are legal to hunt and driving around road hunting is very common and legal in Iowa. He had every right to stop you and check licenses, guns, birds. Dont like our rules, dont hunt in our state. Simple as that. You arent special, you dont get to have special treatment and not be followed/checked on our roads when you are hunting here.
 
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