I'm not bashing game wardens i totally respect there aspect of there job considering it's probally the most dangerous out their persueing others that are considered armed, as a matter of fact last spring i helped one of our local wardens catch some guy that was window blasting turkeys from his vehicle a POACHER, me an the officer have became close companion's, an anytime i need help he's there to assist me i have his own personal phone number..

As they say, there is good and bad out there. Many times when they are profiling others get caught in the fray. As for the officer parked on your private property I would have been sitting there until he showed back up. Not to be an ass, but to find out what he is doing and why he is doing it on my property. He probably had no idea he was screwing up your hunt and a simple talk could probably correct that in the future. He may have been after a local poacher that you want nailed too.

As for open fields I still think they have to have probable cause to trespass, or can they just walk into your house or across your property because it is a nice day and they want too.

Vic

Walking into your house and/or yard would mean probable cause or a search warrant is needed as it is considered curtilage and protected by the fourth amendment.

Your "open fields" is open to law enforcement as it is not considered a constitutionally protected area in case law.

The issue of trespass is seperate from the issue of what constitutes a search under the 4th amendment.

I have great respect for Conservation Police Officers and the job they do protecting our wildlife resources.
I have absolutely no respect for Senator Richard Stuart and the damage he trying to do to our wildlife resources and the DGIF.

Look at his 2012 bills SB17 (would change CPO back to Game Warden), SB18 (Removes authorization for Virginia's membership in the Atlantic States Marine Fisheries Compact. The Compact recommended reducing the commercial take of menhaden based on scientific proof of the declining population of menhaden-the largest menhaden processing plant in Virginia is in Stuart's District), SB25 (would make the Director of the DGIF a direct political appointee of the Governor), SB26 (CPOs would not be able to check your license or your bag), SB126 (Removes from the DGIF the jurisdiction to enforce fishing and boating laws in the waters of Back Bay, and the inlets and navigable waters in the Tidewater counties and cities.), He also submitted 2 amendments to SB30 the Finance bill (these amendments would transfer $5 million dollars from the DGIF to the VMRC) and 2011 bill SB995 (which eliminates fresh water licenses from DGIF and transfers the funds to Virginia Saltwater Recreational Fishing Development Fund and the Game Protection Fund.)

And why would Stuart proposed these bill? See below.

http://fredericksburg.com/News/FLS/2009/112009/11132009/
Elected official fined by judge in hunting case
BY FRANK DELANO
RICHMOND--A federal magistrate judge yesterday fined Westmoreland County Supervisor W.W. Hynson Jr. $500 for possessing an untagged goose after a January hunt.
State Sen. Richard H. Stuart testified that his 11-year-old son shot the goose from a duck blind owned by Hynson at the mouth of Pee Dee Creek, a tributary of the Rappahannock River near Leedstown.
Stuart said he gave the bird to Hynson "because I didn't want to spend half a day plucking it and preparing it."
"I was a state prosecutor and I had no idea that you had to tag it," said Stuart, a former Westmoreland commonwealth's attorney.
Stuart also had no idea that state conservation officers had been watching the blind since Jan. 1, when Officer Frank M. Spuchesi saw about 50 ducks and geese feeding near the blind at the mouth of the creek.
Spuchesi and Sgt. Richard Goszka then found a boat registered to Hynson with kernels of wheat in its bottom. They testified they also found wheat floating in the water near the blind and wheat on the shore.
From across the creek at 7 a.m. Jan. 10, the officers videotaped Stuart and Hynson walking through the marsh to the blind, the shotgun blasts that killed one goose on the water and sent three others flying, Stuart's dog retrieving the bird and Stuart wringing the bird's neck when the dog brought it to shore.
Stuart, who was not charged by the officers, said he did not know the area might have been baited.
According to Goszka, Hynson told him he had dumped 400 pounds of wheat in areas of the creek around Thanksgiving 2008. Hynson testified that he thought the food was too far away from the blind to be considered baiting.
Ruling that the prosecution had not presented sufficient evidence, Magistrate Judge Dennis W. Dohnal dismissed charges against Hynson of baiting migratory game birds and taking them from a baited area. All of Hynson's charges were misdemeanors with maximum penalties of six months in jail and fines of $15,000.
Goszka also charged Hynson with having only two personal flotation devices in his boat carrying four people. Hynson pleaded guilty to the charge Jan. 12 in Westmoreland General District Court and paid $141 in fines and costs.
Hynson also paid a fine in 2008 for violating a federal baiting laws.
"I have been through enough that I'll never feed another bird," Hynson said as he left the courtroom to go pay his fine.
Frank Delano: 804/761-4300
Email: fpdelano@gmail.com

TScott,

When I say probable cause, what I mean is an officer can't just go wandering around my property because it is a nice day. I guess technically they can, but it would be seen as an issue if they just go where ever for no reason. An officer can fly his helicopter any where they like too, but that can have negative repercussions too. If an officer keeps wondering around my property for no reason that can eventually lead to harassment charges brought against the police.

I still think I would have waited and talked to the officer for my own situational awareness.

Vic