Posted by oldtanker on April 13, 2016 at 22:43:56 from (64.118.3.19):
In Reply to: OT MN DNR's finest. posted by oldtanker on April 13, 2016 at 11:11:19:
Quoting Removed, click Modern View to see
I doubt it will go anyplace unless they appeal the ruling on the tracking device. But you are right. If they can get that overturned then because the trial was stopped they can try him. I kinda doubt with the SCOTUS ruling that they will win that though or even try.
The 2 cases in my county both involved illegal search because DNR thought that game enforcement didn't fall subject to the 4th amendment. One was for over the limit on fish and the other was a pot bust in an ice fishing house. The one on the fish without probable cause the made a guy open his live well. The judge ruled it was like your car, that without cause or a warrant they had to have permission to search. The other was under old rules that said that you couldn't be in your ice house with the door locked and that Carp Cops could just walk in. In that case the judge ruled that 1. you could lock your door and 2. like the regular cops they had to knock and announce. In both cases the judge stopped the trials and they "were going to review the judge's decision" and they wound up dropping the matter. The following year (both happened in the same year) DNR tried to get the legislature to pass laws that would allow them to continue doing that but it never passed.
For many years MN DNR told people that if they knocked on your door and wanted to look in your freezer that they could charge you if you refused.
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