Met Perry Co.C.O. Today

[Terry4570]

Met the Perry Co. c.o. today and got my car searched and my carry gun unloaded.I went to the woods today to fix up my deer blind took my squirrel gun [22] along with my dog,when i got back to my car get the dog some water and start putting things away i see him the c.o. walking up the road and said i waved and went out of his site so he thinks i am hiding something.I know c.o. can search if they think you have game,but this guy was looking for more than a squirrel and also took serial numbers of both of my guns.I sure hope this is not the norm when you go hunting or a day in the woods with the dog.I did ask his name its mike something? should of wrote it down or ask if he had a card,i am sure we will be seeing each other agin.Think he was looking for drugs maybe?

 

[Tydeeh22]

they can search alright.. when you give them permission. ask him if you were being detained. if not, have a nice day sir.

if he wants to search your vehicle, have him produce a warrant.

someone with a bit more expertise on the matter will be along shortly im sure.

 

[Burnsy]

The officer needed reasonable suspicion in order to search your person or property unless you gave him permission to do so. You moving out of sight gave him none in my opinion. If he does this again explain that you do not give permission to search you or seize your property and ask what the suspicion is.

If he does anyway I suggest that you not resist but audio and or video record the encounter if you can, get his name and badge number and contact his sheriff.

You mention hunting and game, if by that you mean DNR, I am not sure what applies to them, someone more educated than me will reply.

 

[Terry4570]

I had a friend who was a C.O. retired now told myself and some others that he went on drug bust because he has the ablity to search on game laws,i don't know if that is how it works for sure hope somebody else has some input on this.sure would like to know for sure.

 

[Burnsy]

Define C.O. please.

 

[Whosyer]

CO = conservation officer

 

[Frank_N_Stein]

I looked through the Indiana Code and this is the only thing that I could find about the authority of Conservation Officers.

IC 14-22-39-3
Searches of effects; entry onto property
Sec. 3. (a) As used in this section, "public or private property" does not include dwellings.
(b) The director and conservation officers may:
(1) search a boat, a conveyance, a vehicle, an automobile, a fish box, a fish basket, a game bag, a game coat, or other receptacle in which game may be carried; and
(2) enter into or upon private or public property for the purposes of subdivision (1) or for the purpose of patrolling or investigating;
if the director or conservation officer has good reason to believe that the director or conservation officer will secure evidence of a violation of this article or a law for the propagation or protection of fish, frogs, mussels, game, furbearing mammals, or birds.
As added by P.L.1-1995, SEC.15.

It doesn't say anything about needing a warrant.

 

[drillsgt]

I looked through the Indiana Code and this is the only thing that I could find about the authority of Conservation Officers.

IC 14-22-39-3
Searches of effects; entry onto property
Sec. 3. (a) As used in this section, "public or private property" does not include dwellings.
(b) The director and conservation officers may:
(1) search a boat, a conveyance, a vehicle, an automobile, a fish box, a fish basket, a game bag, a game coat, or other receptacle in which game may be carried; and
(2) enter into or upon private or public property for the purposes of subdivision (1) or for the purpose of patrolling or investigating;
if the director or conservation officer has good reason to believe that the director or conservation officer will secure evidence of a violation of this article or a law for the propagation or protection of fish, frogs, mussels, game, furbearing mammals, or birds.
As added by P.L.1-1995, SEC.15.

It doesn't say anything about needing a warrant.

Sounds like there's a problem then. If this one element can do it why not let everybody else do it? Unless if he finds one fish over the limit you're screwed but if he finds something not relevant to hunting/fishing you're not?

 

[upchurch67]

"if the director or conservation officer has good reason to believe that the director or conservation officer will secure evidence of a violation of this article or a law for the propagation or protection of fish, frogs, mussels, game, furbearing mammals, or birds."

Sound like to me the CO still has to have some reason to believe that a crime has occurred. I interpret this to mean that he has to have a reason to believe a crime has occurred and is looking to find evidence. Not just looking for evidence of a crime just because you happen to cross his path.

 

[sbcman]

Whatever the case law is on this, I am disappointed to hear it. All of the game wardens I've come across have been extremely cool, level headed, not-give-any-problem type of guys. I especially don't like this encounter since I live in the next county over.

 

[Terry4570]

Whatever the case law is on this, I am disappointed to hear it. All of the game wardens I've come across have been extremely cool, level headed, not-give-any-problem type of guys. I especially don't like this encounter since I live in the next county over.

I am going to try and find out more about this c.o. or game warden,i am like you on this have never been treated like this before and it sounds like they do have a lot of power to search.I think a lot of the older game wardens are retiring and all of them have been really nice and friendly.It has been over ten years at this hunting spot to have one stop and check me out and they were the older guys.I don't think i said before he the c.o.is a young guy if that means anything,sure hope that is not how they are going to be with us hunters or who ever likes to go to the woods, they should remember they work for us.

 

[indiucky]

I am going to try and find out more about this c.o. or game warden,i am like you on this have never been treated like this before and it sounds like they do have a lot of power to search.I think a lot of the older game wardens are retiring and all of them have been really nice and friendly.It has been over ten years at this hunting spot to have one stop and check me out and they were the older guys.I don't think i said before he the c.o.is a young guy if that means anything,sure hope that is not how they are going to be with us hunters or who ever likes to go to the woods, they should remember they work for us.

This is second hand so take it with a grain of salt. We just bought property in Perry County and from talking to the locals I get the impression that this gentleman is not very well liked. I have had two people tell me similiar stories as you have relayed here...Again this is second hand but your incident seems to be the MO for this guy..I will not bring up the elephant in the room but he may not like the uhmm...Scots Irish, Belgium, or German ethnicity of the locals...That's the most PC way I have saying what you are too polite to bring up...I hope I am wrong because that would not be a good thing to have in your heart while you are trying to enforce the law..

 

[rooster]

CO's have the same power's as a regular police officer. They have to abide by search warrants same as everyone else.

 

[remauto1187]

CO's have the same power's as a regular police officer. They have to abide by search warrants same as everyone else.

I can not vouch for Indiana...but i do know that in Illinois they are called (CPO's) Conservation Police Officers(Formerly Game Wardens years ago) and they have more power than an Illinois State Trooper. A CPO in Illinois does NOT need a search warrant nor your permission to search your vehicle or your home when enforcing hunting and trapping regulations. (im sure there are stipulations of reasonable cause).

 

[GBuck]

CO's have the same power's as a regular police officer. They have to abide by search warrants same as everyone else.

This is incorrect. In many instances they have MORE power than your average LEO, including differences in Warrant requirements.

 

[red_zr24x4]

This is incorrect. In many instances they have MORE power than your average LEO, including differences in Warrant requirements.

This is what I've always been told. If they suspect you are violating any game law they can enter your property (woods or house). If they see you before or after legal hrs. they can inspect your firearm to see if its loaded.
Like I said this is what I've always been told, I have no proof an the validity of this.

 

[danmrt868]

I think the search is legit, u just came out of the woods with a dog and a 22 rifle. Its squirrel season and he see's u putting something away out of his sight in your truck. Taking your numbers of the guns is a little odd. just my .

 

[shibumiseeker]

This is incorrect. In many instances they have MORE power than your average LEO, including differences in Warrant requirements.

This is true. And the courts in Indiana have given them broad authority regarding their probable cause.