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Search and Seizure

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jstroik

Junior Member
What is the name of your state? Wisconsin

I own 6 rural acres. Not accessable or visible from public area, posted "No Trespassing", and surrounded by other private property. Conservation Warden entered property based on anonymous complaint that I was feeding wildlife (which is illegal in Wisconsin). Warden Walked area of wooded property taking photos, GPS coordinates, etc without my knowledge and without warrant. He returns numerous times to recheck area. Finally contacts me and issues charge of "Feeding Wildlife". Is entry onto property, search of same, and seizure by way of photographic evidence, onto land approx. 150 yards from buildings in violation of 4th amendment?
 


Litigation!

Senior Member
jstroik said:
What is the name of your state? Wisconsin

I own 6 rural acres. Not accessable or visible from public area, posted "No Trespassing", and surrounded by other private property. Conservation Warden entered property based on anonymous complaint that I was feeding wildlife (which is illegal in Wisconsin). Warden Walked area of wooded property taking photos, GPS coordinates, etc without my knowledge and without warrant. He returns numerous times to recheck area. Finally contacts me and issues charge of "Feeding Wildlife". Is entry onto property, search of same, and seizure by way of photographic evidence, onto land approx. 150 yards from buildings in violation of 4th amendment?

My response:

No. Government employees have an easement to come onto property; e.g., firefighters, postal workers, utilities, police authorities, etc.

You are NOT an island.

IAAL
 

seniorjudge

Senior Member
jstroik said:
What is the name of your state? Wisconsin

I own 6 rural acres. Not accessable or visible from public area, posted "No Trespassing", and surrounded by other private property. Conservation Warden entered property based on anonymous complaint that I was feeding wildlife (which is illegal in Wisconsin). Warden Walked area of wooded property taking photos, GPS coordinates, etc without my knowledge and without warrant. He returns numerous times to recheck area. Finally contacts me and issues charge of "Feeding Wildlife". Is entry onto property, search of same, and seizure by way of photographic evidence, onto land approx. 150 yards from buildings in violation of 4th amendment?
Your situation is not covered under the Fourth Amendment:


Amendment IV - Search and seizure. Ratified 12/15/1791.

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.
 

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