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Ah negative attention is better than no attention for Starbuck’s

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
Fish and wildlife officers can't enter a dwelling or loiter around in ones yard.

But they can , definitely, cross property lines at will in the performance of their duties.


Example. You are poaching deer on your own land . Fish and wildlife officer in ky, can , has many times , and usually will , enter your land , arrest you, confiscate your firearm and vehicle if your using a vehicle .

Used to happen all the time in Lewis county especially. Been challenged in court countless times. Challenges all lost. Pretty much settled here.

Now all that said. Poaching isn't the problem here it used to be. Mostly now a Game Warden won't be on private property unless called to be for a reason.
If you mean they cannot enter the curtilage of ones home then I agree. The problem is these officers are not trained in the law as to what their legal authority is. They don't understand hunting in KY is that the only thing that is regulated is hunting as a sport. Hunting for food to feed yourself and/or family is constitutional.

KRS 150.015
(1) The declared purpose of Acts 1952, ch. 200, and the policy of the Commonwealth of Kentucky, is to protect and conserve the wildlife of this Commonwealth so as to insure a permanent and continued supply of the wildlife resources of this state for the purpose of furnishing sport and recreation for the present and for the future residents of this state;

Go read KRS 150.170(7) "Landowners, their spouses or dependent children...who kill or trap on their lands any wildlife causing damage to the lands or any personal property situated thereon shall not be required to have a hunting or trapping license and may do so during periods other than the open season for the particular species without a tag and dispose of the carcass on-site."

These wardens don't have the power they think they have.

Look, of the thousands of cases I've read many losses are because the attorney made the wrong argument because s/he did not understand the subject matter. And to be truthful the attorney really isn't going to defend you; collecting a fee is the real purpose.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,265
Location
Kentucky
If you mean they cannot enter the curtilage of ones home then I agree. The problem is these officers are not trained in the law as to what their legal authority is. They don't understand hunting in KY is that the only thing that is regulated is hunting as a sport. Hunting for food to feed yourself and/or family is constitutional.

KRS 150.015
(1) The declared purpose of Acts 1952, ch. 200, and the policy of the Commonwealth of Kentucky, is to protect and conserve the wildlife of this Commonwealth so as to insure a permanent and continued supply of the wildlife resources of this state for the purpose of furnishing sport and recreation for the present and for the future residents of this state;

Go read KRS 150.170(7) "Landowners, their spouses or dependent children...who kill or trap on their lands any wildlife causing damage to the lands or any personal property situated thereon shall not be required to have a hunting or trapping license and may do so during periods other than the open season for the particular species without a tag and dispose of the carcass on-site."

These wardens don't have the power they think they have.

Look, of the thousands of cases I've read many losses are because the attorney made the wrong argument because s/he did not understand the subject matter. And to be truthful the attorney really isn't going to defend you; collecting a fee is the real purpose.

Yes sir your points are correct. My post wasn't clear enough.

You are correct any wildlife causing damage fair game.

Dept of fish and wildlife has free damage permits one can get from game wardens here. I've used several.
I've not tried eliminating any larger size game without one.
Smaller pests I dispatch as needed.
I do know if a landowner were to spotlight and kill a deer and was caught even with a damage permit he would be charged with taking it by illegal means .
One doesn't need a licence to hunt or fish on property they own or reside on here of course.
 
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