Open Fields

**Beauregard** · 09-03-2020, 08:22 AM

https://www.agweb.com/article/govern...me-open-fields

"Can the government place cameras and monitoring equipment on a private citizen’s land at will, or conduct surveillance and stakeouts on private land, without probable cause or a search warrant? Indeed, according to the U.S. Supreme Court’s (SCOTUS) interpretation of the Fourth Amendment. Welcome to Open Fields."

Article describes two suits challenging the "Open Fields" interpretation of the 4th Amendment. In one case, TWRA officers placed camera(s) on the property inhabited by a convicted dove baiter. I assume looking for further violations. In the other case, they placed camera(s) on the property of a suspected duck baiter (who was later convicted, I assume with the help of evidence from the camera(s)).

Is this as it should be? Surely helps catch and convict game violators, but what about those of us who don't fit that category? Should we be subject to the same without probable cause or a warrant?

**dubs** · 09-03-2020, 08:34 AM

Interesting arguments for sure. I don't know the answer but does being a convicted baiter not give probable cause? Also, I don't know how else the green jeans would catch people baiting and such. How else would they gain probable cause without some level of surveillance?

We have a good relationship with the GW's around our property. Heck, for several years we baited the fool out of our beaver ponds to build up the woodie population. Called the GW's and told them we were baiting, said if you hear any shooting from down at our ponds get there ASAP cause it ain't us....

One thing that I have learned and seen from friends and such is that if someone is going to bait and such, they are usually a habitual offender and are always trying to figure out ways to outsmart the GW's. Rarely have I seen people be one and done with baiting after being busted.

**JABIII** · 09-03-2020, 08:43 AM

Originally Posted by dubs

usually a habitual offender and are always trying to figure out ways to outsmart the GW's. Rarely have I seen people be one and done with baiting after being busted.

Great post. I could write 10 pages on this and they would still run right out and shoot 30 minutes early opening morning and wonder why the mean old warden is up their ass all season...

**Bad Habit** · 09-03-2020, 08:50 AM

Since we are talking about baiting- exactly what is legal for doves with my corn field? Bushog a couple rows and let it lay on the ground? Drag it around after cutting it?

**JABIII** · 09-03-2020, 08:55 AM

Any manipulation of the grown in the field grain is legal as long as you don't remove the grain from the field and bring it back.

rp · 09-03-2020, 10:05 AM

I know the SCDNR wardens use cameras but I do not think they use them without due cause. On property near us they are used for supposed trespassing. That's one thing that I know the land owner is aware of.

But let's say a person suspects baiting and reports it. Turkeys and corn for example. Would a game warden be justified in putting a camera there. Isn't a wild turkey considered to be property of the state?

And wouldn't you want a turkey poacher busted?

Sorry if you get caught but this happens.

**JABIII** · 09-03-2020, 10:11 AM

Originally Posted by rp

But let's say a person suspects baiting and reports it.

Boy can that be abused. Ask me how I know...

rp · 09-03-2020, 10:22 AM

Originally Posted by JABIII

Boy can that be abused. Ask me how I know...

I can believe it. Jealous hunters?

**JJ1965** · 09-03-2020, 10:37 AM

What’s the difference in monitoring from a camera on the ground or one on a drone or satellite?

**JABIII** · 09-03-2020, 10:38 AM

And jealous government managers too.

**SCDAWG** · 09-03-2020, 10:56 AM

What is the law on shooting down drones over your property? Serious question. I know you guys have encountered this.

**JABIII** · 09-03-2020, 11:12 AM

Originally Posted by SCDAWG

What is the law on shooting down drones over your property? Serious question. I know you guys have encountered this.

Ducks don't react the same to being scared by different things. To which I mean even from a mile away, you can tell when they are reacting to an eagle or falcon, versus a redtail, versus a man, versus a rutting buck chasing a doe through them all by the way they take flight.

The first time I saw them being droned it blew my little mind. I had never seen them react that way. There wasn't a duck left in the pond by the time I figured it out. They really, really hated that shit...

**Chuck the Duck Slayer** · 09-03-2020, 11:15 AM

Originally Posted by SCDAWG

What is the law on shooting down drones over your property? Serious question. I know you guys have encountered this.

FAA will eat you for lunch and supper.

**2thDoc** · 09-03-2020, 11:16 AM

helicopters, too

**JABIII** · 09-03-2020, 11:22 AM

**Palmetto Bug** · 09-03-2020, 11:45 AM

Pro tip sort of related to the topic:

If you want to find a game camera, try looking at night and use your phone's camera viewer. The camera can "see" the infrared flash. You can also tell if your TV remote is working by looking at it with your camera.

**dubs** · 09-03-2020, 11:50 AM

Originally Posted by Palmetto Bug

Pro tip sort of related to the topic:

If you want to find a game camera, try looking at night and use your phone's camera viewer. The camera can "see" the infrared flash. You can also tell if your TV remote is working by looking at it with your camera.

Guess we found SCduck's habitual baiting offender! Haha just messin