Can they legally do that?

Nothing says you can't put a big azz bush in front of the camera. And maybe build fencing around your property? Put your own game cams up? Lots of things you can do to deter intruders.
 
How can you "steal" something on your own property?
Some serious privacy violations there.
And yes, he needs to put up his own cameras to monitor for the presence of LEO, unfortunately.
 
It’s my understanding that Game wardens have the ability to enter private property without a warrant, in the course of an investigation. It’s some kind of loophole regarding wildlife investigations. I know for a fact that regular law enforcement have used this loophole, and called in wardens to do “Game violation searches” and accompany them, when they don’t have a legitimate warrant…. They find, whatever, and Bingo…. Probable cause.

Part of me thinks it’s complete garbage, but part of me knows the game wardens would have no chance enforcing anything on private lands without the ability to search…..
 
This has happened a few times now that I know of.

Supreme Court has ruled that for some reason warrantless intrusions onto rural property are not trespassing nor 4th amendment violations. I really don't understand the logic. How is no one above the law yet one type of person is a trespasser while another is not?

It will not surprise me if at some point this changes in the future.

I also don't understand how a judge signs off on the warrant to retrieve the camera. You can't force any citizen to give quarter to government property or personnel. This is guaranteed by the 3rd amendment. Therefore it is impossible to protect government property from "theft" when it is in violation being there. This is why the man was never charged with theft. But it doesn't answer why an ignorant judge granted a warrant to search. You can't grant a warrant to search for lost property.

Hopefully it gets straightened out in the courts and the wardens start being conservation officers and quit forcing a divide between citizens and big government.
 
Illegal surveillance is not probable cause or exigent circumstances.

I would place an obstruction in front of the camera and then confront the SOB's when they showed up...
 
I think it’s called “Open Fields Doctrine”. They can’t come into your home or anything that’s part of your home, garage, shed or lawn.

But if it’s a large acreage then it’s not part of your home and they can come on it. A few states don’t allow it.

It doesn’t have to be a game warden, Open Fields applies to all law enforcement.
 
Shoddy journalism – story never even mentions the term search warrant. They don’t say why he lost his federal court case, but it was almost surely because TRWA/USFWS had a judge sign a warrant for the initial placement of that trail camera.

Journalist did say the guy went down for game violations. So the LEOs probably had probable cause before the trail cam and got the warrant signed based on that PC.

4th amendment applies and no obvious exception here to the search warrant requirement here (e.g. Plain View Doctrine, Hot Pursuit, etc).
 
I have no problem with a warden coming onto my property, but putting up trail cameras? Are you kidding me? That invades my privacy. I pee in the back yard and sometimes my wife and I.....well, you know.

My penis was in the Guinness Book of World Records, so I don't mind being seen but my wife is shy.
 
I have no problem with a warden coming onto my property, but putting up trail cameras? Are you kidding me? That invades my privacy. I pee in the back yard and sometimes my wife and I.....well, you know.

My penis was in the Guinness Book of World Records, so I don't mind being seen but my wife is shy.
So your saying your all Dick? Is it hard walking dragging the big dick around......LOL They call me Tripod not sure why but I can lean up against the wall with both feet up.........
 
Put up your own trail camera watching theirs, nothing illegal
about that and you will have your own pics of them to do whatever you like.
OR,
Get one of those metal anti theft boxes and put on their camera
with your own lock. Make them come looking for you asking
permission to get their camera.
 

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