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natelee

DNR Question????

14 posts in this topic

A relative of mine and his girlfriend were up last weekend staying in their wheelhouse. On Friday evening they were watching movies in the dark, when they heard a snowmobile pulling up. Within 20 seconds of the snowmobile shutting off they heard 3 quick knocks then a CO walked right in. Didn't announce himself just walked right in, then went right into the bathroom to check without saying a word. I guess I am not a 100% for sure, but isn't this illegal? There were no problems as they had 3 legal fish for the 2 of them, but still I thought they couldn't do that? This relative of mine wasn't mad about it at all, but if it were me and my wife I would have been really mad!!!!

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My husband and I were up over the extended weekend and we also had a problem with this, however the CO was actually some young girl about 20-25 impersonating a CO, that pushed her way into our house when my husband opened the door and wanted to see our fishing licenses, meanwhile there was a guy on the back of her sled with a santa hat on. I was pretty upset about the situation. Before it really dawned on us that this shouldn't be happening, my husband showed her our licenses. When she walked out, I realized that this was against the law to impersonate DNR/CO's. The resort that we went out of tried to expain it off as a joke, but I don't find it very amusing when someone pushes their way into our home, whether it is our fish house or our actual home.

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I would have been pissed if this would have happened to me. It is my understanding that DNR must present itself at your door; but I don't think they are allowed in your house if you don't answer the door. I believe they have to have some special permit or authorization to get into your house without you giving permission. I am going to look this one up as I am curious myself.

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I asked the DNR this morning about this as I was calling to confirm the type of license you need to have on portables, and she said they cannot do this unless they have reason to believe there is something illegal going on. This makes no sense because it was dark and he pulled up and went straight for the door. The only light on was the one from the TV. Once he got in the house he only checked the bathroom, fish, and licenses. IMO if he thought there was something going on, wouldn't he search the house???

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these are older case, there are many, but they pretty much say the same thing. you have the right to privacy in your fishhouse and are protected against illegal search and siezure.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?

court=mn&vol=apppub%5C0112%5Cc501980&invol=1

http://www.co.anoka.mn.us/departments/co_attorney/2002-february-15-update.pdf

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Ya know what, if you don't want someone in....lock the door. If you are doing something you do not want anyone else to be part of, lock the door. If you are doing something illegal, lock the door.

I recall this "illegal seach and seizure" thing reference back to a citation that was given by a DNR officer that busted some potheads in their fish house. The potheads felt that their house could not be searched and their drugs taken. Charges were dropped. Bunch of crap.

If the DNR or officer wants to enter and I was not smart enough to lock the door, that is my problem.

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My understanding is you can not have a locked door? They must knock and ask to come in? If you do not let them in they will ask you to come outside with your license? I would never denie them access as to me that would be a red flag that I'am trying to hide somthing.

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I am not sure if it legal to have the door locke don your fishouse however I lock it anyway as I see it no different than my home or vehicle. I personally always lock the door just out of habit. I also keep the outside light turned off if I would rather not be engaged in social conversation, I figure if the outside light is on it would be an invitation to come and chat similiar to leaving your light on for trick or treaters on halloween.

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Roughneck, thats the whole point there was no wrong doing and nothing to hide!! Would you want someone walking in your bedroom unannounced when you were with your significant other? Also, Cookie makes a great point...I thought you weren't supposed to lock the door. I never do, as we never have anything to hide. This is a good reason to start IMO. I have been checked plenty of times with the door unlocked and never had someone bust right in. So if I am in my portable, they can just unzip or flip it open without asking??

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natelee,

Just to clarify this, are you sure this was a DNR Conservation Officer? The second poster mentioned some impersonation was going on that weekend. The incident you describe sounds a bit strange. Conservation Officers know they can not enter without permission.

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Something isn't right with this story. I spend everyday on the lake and the CO's just do not enter without permission. Even with our rentals where the CO's know they are always welcome to step right in they have ALWAYS knocked and asked first. This just not sound like it was a CO.

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I am totally positive it was a CO. He got his name, not because he was mad though. He said the CO was totally respectful aside from the fact that he walked right in. There was nothing fishy (haha) about the check aside from just walking in.

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A few years back it was decided in the Courts, that you could have the door locked, and were not required to let a CO in, a privacy issue, like a dwelling.

With the new MN Law changes, the Legislature, threw in the statement again, about being required to have an access from the outside available at all times...but did not say it could not be locked, or that you must let COs or Anyone Else in.

These type cases will likely end up back in the Courts, and hopefully, Privacy will be upheld.

You certainly have the right to Authenticate any Officers Identity and Authority, before letting them enter. They cannot Legally, Forcefully, Enter, without a Warrant, or Direct, Credible, Eyewitness Testimony, of a Serious Crime, in Progress...of course if the door is Unlocked, it might not be considerd Forceful...

The Old Practise, of simply walking in Unannounced, or with only a Quick Knock, was one of the most Disruptive, and Rude Behaviors, and I found it quite Annoying and Disrespectful.

During the day I usually leave the door unlocked, and at night lock'er up tight. I don't want anyone stumbling into my home without Permission...

All Impersonators, or Questionable Behaviors, should be Documented, and turned over to the Sheriffs Department Immediately. Impersonating a Law Enforcement Officer, is a Serious and Potentially Dangerous Crime, and Should be Stopped! shocked.gif

If he was a Legitimate CO, he may have checked the Bathroom to see whether you had one, and were using it, or using the Ice, also MDP...Minnesotas Dumbest Poachers probably think this would be a good place to hide fish, or the remains, as "No one would look there." ... blush.gif

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In my case, it was a impersonation of a CO on Red on December 29th by a young woman about 20-25 years old. She definately was NOT a CO but said she was and pushed her way into our fishhouse wanting to see our licenses. She was just someone out there fishing with a bunch of guys...like I said in my earlier post...the resort said these people thought it was a joke(ha ha). We did not think it was funny at all to have someone push their way into our home, even tho it is just our fishhouse. Some people just have no respect for others or their property!

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