Locking fish house

[Captain Ahab]

I'd say if your fish house has a bathroom and beds, it would be hard to say it isn't a dwelling that would require permission to enter or a search warrant if push come to shove.

 

[1lessdog]

Hey Mr. October 2019, you haven’t been around long enough on this site to even know me or know what I’m about. Swing and a miss. Keep trying though. You called me out on another thread a while back. Do you have a man crush on me or something? I think you should try to blend in for while on this site before you start acting like a moderator with all the right answers.

If you actually thought I was advocating for people to
blow other people’s heads off, it just goes to show how new you are around here and what you really don’t know.

Any other questions or comments for me?

- - - Updated - - -

It really wouldn’t hurt to have 1lessdog on NDA. Pun intended

It only took me one day to figure out you were nothing but a big blow hole a complete idiot. ( the was the first call out )

 

[Kentucky Windage]

It only took me one day to figure out you were nothing but a big blow hole a complete idiot. ( the was the first call out )

You’re calling me an idiot using grammar like that?

I think you’re cool.



I’m done wasting my time on you.

 

[sl1000794]

I'd say if your fish house has a bathroom and beds, it would be hard to say it isn't a dwelling that would require permission to enter or a search warrant if push come to shove.

I think we need some legal and G&F input on this.

Everyone knows the caption that "A man's home is his castle." I think that there is a part of the 4 Amendment about illegal search and seizure the restricts law enforcement from barging into a persons "primary" residence without permission or a search warrant. They cannot even search your car after a routine traffic stop without probable cause, your permission or a warrant.

I'm not sure that any of this applies to a vacation home, a travel trailer, a tent in a campground or an Ice castle. In all of the above instances that are not your primary residence you do not have the opportunity to violate Game and Fish regulations except in an ice castle on a lake. In an ice castle you do have the ability to violate G & F violations. There might be some allowance to permit a Game Warden to enter your fish house w/o permission to see if you are violating regulations to catch you before you have the opportunity to destroy evidence.

Just saying'!

 

[snow]

minn had tried making "no locky door" way back,didn't stick,they need to knock 1st or that was the law way back today most of us in minn use portables and most often flip the shack open or poke our head out as someone appraoches on foot or other mode...many stories of dickheads walking up to shacks and walking away with gear and augers so most of us are on alert in shanty towns especially.

 

[espringers]

http://www.mn.gov/law-library-stat/archive/ctappub/0112/c501980.htm

here is a link to the minnesota case that will give you some feel for the legal principles at work here.

 

[KDM]

I think we need some legal and G&F input on this.

Everyone knows the caption that "A man's home is his castle." I think that there is a part of the 4 Amendment about illegal search and seizure the restricts law enforcement from barging into a persons "primary" residence without permission or a search warrant. They cannot even search your car after a routine traffic stop without probable cause, your permission or a warrant.

I'm not sure that any of this applies to a vacation home, a travel trailer, a tent in a campground or an Ice castle. In all of the above instances that are not your primary residence you do not have the opportunity to violate Game and Fish regulations except in an ice castle on a lake. In an ice castle you do have the ability to violate G & F violations. There might be some allowance to permit a Game Warden to enter your fish house w/o permission to see if you are violating regulations to catch you before you have the opportunity to destroy evidence.

Just saying'!

Your 4th amendment rights DO NOT end when you leave your primary residence. If you rent a hotel room, law enforcement CAN NOT just walk in on you without a warrant or probable cause. That hotel room becomes your "dwelling" for the night. Just as a lake cabin you stay in for a week, or a travel trailer you set up in a national park. A tent can be considered your dwelling. There is MOUNTAINS of precedence to support this. The actual term in the 4th amendment is "House". When you look up "House" in the law dictionary, "dwelling" is part of it. If you look up "dwelling", it is defined as quote "A building, a part of a building, a tent, a mobile home, or other enclosed space intended for use as a human habitation" end quote. This comes from Blacks Law Dictionary 9th edition. This is why the barge in method by law enforcement into any of these areas can get really sticky should someone wish to challenge it.

 

[Bacon]

Your 4th amendment rights DO NOT end when you leave your primary residence. If you rent a hotel room, law enforcement CAN NOT just walk in on you without a warrant or probable cause. That hotel room becomes your "dwelling" for the night. Just as a lake cabin you stay in for a week, or a travel trailer you set up in a national park. A tent can be considered your dwelling. There is MOUNTAINS of precedence to support this. The actual term in the 4th amendment is "House". When you look up "House" in the law dictionary, "dwelling" is part of it. If you look up "dwelling", it is defined as quote "A building, a part of a building, a tent, a mobile home, or other enclosed space intended for use as a human habitation" end quote. This comes from Blacks Law Dictionary 9th edition. This is why the barge in method by law enforcement into any of these areas can get really sticky should someone wish to challenge it.

There is the issue. If you decide to challenge it. I’m guessing game and fish has deeper pockets than most of us if it would go to court. You would probably win but at what cost. I’m the last guy who wants peoples rights trampled on but how far are you willing to go to prove a point. If a warden want to knock and come check what I’m up to I’ll let him in and offer him a drink. The same if one of you would knock on the door and wonder how the fishing is. I think we are making a big deal about nothing. I want them to catch the people that are breaking the law. If it’s really an invasion of privacy maybe we need to get the law changed.

 

[Captain Ahab]

There is the issue. If you decide to challenge it. I’m guessing game and fish has deeper pockets than most of us if it would go to court. You would probably win but at what cost. I’m the last guy who wants peoples rights trampled on but how far are you willing to go to prove a point. If a warden want to knock and come check what I’m up to I’ll let him in and offer him a drink. The same if one of you would knock on the door and wonder how the fishing is. I think we are making a big deal about nothing. I want them to catch the people that are breaking the law. If it’s really an invasion of privacy maybe we need to get the law changed.

I think what people are discussing here is the principle of the fact and are not too worried unless they ran into a power tripping warden looking for any excuse to write a ticket. It wouldn't take much to fight a ticket and the G&F is just going to rely on the state's attorney to present the charge. All you would have to do is hire an attorney to right up a motion to dismiss based on the 4th amendment much like Espringers posted. Then reference other cases like Espringers' post. Very likely the judge would grant the motion and you would walk scot-free. You are not likely to fight a small infraction because of cost so they pretty much got you on that little catch.

What if you wanted to fish naked with a gal pal? Ha ha

 

[espringers]

Ahab hit the nail on the head with the last sentence in my mind. Dont care whether its midnight or noon. If the wife gets the itch, I am gonna scratch it. And when that happens, I expect to be able to lock the door or at least expect a courtesy knock and a 5 second pause for me to start and finish what I started. Lol. It's what we call an expectation of privacy. And I have one in my fish house.

 

[tikkalover]

WTF do you guys look like, hoodlums, druggies, thieves or do you all have a guilty look on your face :;:huh that you have been checked by a warden so many times? In my lifetime of fishing, I have never been checked by a warden (that I can remember) while ice fishing. As far as in the boat I have been checked 2 time at the tailrace boat ramp and once at the Fort Stevenson ramp.

 

[Captain Ahab]

WTF do you guys look like, hoodlums, druggies, thieves or do you all have a guilty look on your face :;:huh that you have been checked by a warden so many times? In my lifetime of fishing, I have never been checked by a warden (that I can remember) while ice fishing. As far as in the boat I have been checked 2 time at the tailrace boat ramp and once at the Fort Stevenson ramp.

Fish 100 days a year in popular areas for a decade. You will get checked 2-4 times a year for sure.

 

[espringers]

My house gets checked at least twice a year. I suspect it's the criminals last name and phone number on the door. Either that or they are wanting to catch a peak at my wife.

 

[Bacon]

Ahab hit the nail on the head with the last sentence in my mind. Dont care whether its midnight or noon. If the wife gets the itch, I am gonna scratch it. And when that happens, I expect to be able to lock the door or at least expect a courtesy knock and a 5 second pause for me to start and finish what I started. Lol. It's what we call an expectation of privacy. And I have one in my fish house.

I’m pretty sure you could work that 3 minutes in without interruptions.