GTG reminders

There was a case where a CO entered an ice house (Not on Mille Lacs, but in Minnesota) and busted a guy smoking crack or pot. (illegal drug bust). The guy was convicted and he appealed the case to the Minn State Supreme Court. The Court ruled in the man’s favor and tossed the conviction due to illegal search by the CO. (Entering without a search warrant)

However that ruling did not necessarily change the law and it remains on the books. (As far as I know) So, in other words, they can still enter without permission. If they did bust you with illegal drugs, you would have a pretty good case against the CO. Your case would probably get tossed out. This entire issue is a big grey area. Technically in Minnesota a CO needs a search warrant to enter your ice house or inspect your live well and count fish. You are totally in the right to refuse any search by a CO until he gets a search warrant signed by a judge. But are YOU going to be the guy who tests out the limits of the law? Probably not.

Good Luck,

-J.

Good to know….I’m OK smoking some dope but I better only have 2 lines in the water

Thanks! I thought I rememberd something like that and it seemed kind of a dumb thing that a CO could not check you ice house it is no different then a boat. I do not have a problem with a CO coming by and checking my license and fish when I am on the water.

What the court ruled was you have the “Constitutional Right” to privacy. Both in your ice house and in your boat. The CO’s need probable cause to enter or search either. I agree 100% with the ruling. I don’t like the idea of my rights being trampled. It all starts with something seemingly small like this case, then snowballs to the point where a CO can enter your house or apartment to check the fridge any time they want. It was a good ruling if you ask me.

If a CO enters a house I’m in without knocking and announcing his entry, he is not going to get any cooperation from me. More likely he is going to get a lot of choice words. It’s a 2 way street. They are trying to do a job, I’m trying to enjoy my freedom. Don’t push it!

-J.

I agree that they should knock and ask permission as well I just meant I do not have a problem with them checking me. Re-reading my post it did not come across right.

Quote:

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I just meant I do not have a problem with them checking me.

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I kinda do. Here is my position. CO’s should not be randomly going around checking for licenses and fish counts. Their position is if you’re fishing they make the assumption that you don’t have a license and are over your limit. It becomes up to you to prove them wrong. That aint right! They should perform their duties in such a way as to attain probable cause that you are breaking the law before approaching you for anything.

Here is the analogy. You are driving down the road. State Trooper pulls you over. No reason, just wants to check your license. There is absolutely no difference with you fishing. It’s total BS in my opinion.

We won’t go too far down this road as it will probably turn political and get heated. Just my opinion on the matter and I do feel pretty strongly about it. People should not be so quick to give up some of their Constitutional Rights. These rights are guaranteed to you. Don’t let anyone take them away….ever. Too many men and women have given their lives for it.

Ok, I’m done!

Edit – Again, these comment are not pointed towards any member including you Go Big, just my opinion. Look out when I get on a run….

-J.

I agree 100% with you on this Jon. I always thought it was odd that they assume “everybody” is illegal, until they prove your not. When I had my sleeper house out on Mille Lacs, in the past, the CO ALWAYS did the old, knock on the way in, and announce “CONSERVATION OFFICER” Best advice is catch a 17″ friday night. Saturday, have Hunters cook it up, then catch 4 more before you leave sunday night, all at 17″, and clean at home.

big g

Tks Derek

Nebraska doesn’t require ATV or Sled tags, we do on trailers.

Have a good one.

Todd

Sorry to bring this up again but I emailed the DNR about eating fish on the lake.

Here was Tim Hage’s responses to my questions-

Question #1-
Do walleye and slot controlled fish need to be kept whole (unaltered in any way until off shore)….?
Tim Hage- “The fish have to remain whole while on the lake”

Question #2-
Can you eat a non-slot fish such as Perch providing you have the remains in possession while you are on the ice? Say you clean a perch on ice with plans on eating the filets later in the day, do you need to maintain a 1″square piece of skin on the filet until eaten?

Tim Hage- “You can eat the no-slot fish on the lake you don’t have to keep the 1″ square on the perch. that will be on page 12 of the 2007 fishing regulations.”

Would be interesting to see if other CO’s respond with the same answers?

I’ll probably still stick with the steaks to be safe.

[quote People should not be so quick to give up some of their Constitutional Rights. These rights are guaranteed to you. Don’t let anyone take them away….ever. Too many men and women have given their lives for it.

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Jon – You summed it up very well.

Each and every right we give up is a tiny step towards giving them all up. If we all roll over because it doesn’t really affect us personally, by the time it does affect us, there may be no one left to fight for us. We are all in this together.

I once refused entry to a warden up on Vermillion – he instantly became belligerant and started to basically harrass me. I stood my ground and was fine. After that, he was a lot more cordial to me – but heaven help me if I would have been in violation after that….he’d have had no mercy.

Tim

eagerf4ice, Thanks for the reply. I just read page 12 of the 2007 regs and it does not say anything about eating fish on Mille Lacs or any other ice. Doesn’t say anything about the skin patch for perch either. As usual, the DNR has let the rule up of “Interpertation”

If you have the time, send a note back to the DNR and ask them to clarify. Remember, we are talking Mille Lacs Ice here. Lake law trump state law. I’m pretty sure he is wrong. It’s probably not a problem on other Minnesota lakes, but again, I would not want to have that conversation with a CO while on Mille Lacs Ice!

Click on this link and scroll down to page 12.

http://files.dnr.state.mn.us/rlp/regulations/fishing/fishing2007.pdf

-J.

I went to page 12 as well and couldn’t find anything either (nor on the page before and after).

I did clearly specify to him that it was Mille Lacs. I did send another note asking for this clarification.

Again this is the same answer I received (eating perch on ice) when I had the DNR visit my shack last year.

I agree…an interpretation thing that is asking for trouble….identifying a small walleye filet versus a perch filet could take some convincing without a skin patch for some CO’s? If I hear back from him I will let you know.

If anyone gets a DNR visit this weekend please ask this question.

A little perch feast with a beer flush might be good in the ole shack!

Thanks Eager.

I love how they say in one sentence that ALL skinned fish must have a patch. Then in the very next sentence say sunfish, crappie and bullhead don’t. It’s the “ALL” that is going to get you the ticket. Then it’s up to you to argue your point to the judge!

-J.

For those of us over at Fishermans if we come over to visit and meet peoples (not Fish)on Saturday are we going to have to buy a road pass at hunters just to go out and visit??

2 more cents worth. I called 888-646-6367 (MN DNR Headquarters) After talking with 3 people and getting two calls back this is what I came up with MN Leg.Rules Sub 4 with heavy emphasis on Fish having statewide length limits was the answer for you may eat perch on the lake. It was backed up with MN Leg. Rules Sub 5d again with the emphasis on Fish having statewide length limits. Unlike #2 person who got very with me when I asked her name and told me I could not post anything a DNR official said without going through their public relations dept, Robin from enforcement was happy to dig and find answers and have them known.
As said earlier by many, very grey and up to interpretation, but just some educated ammo.

The DNR reg book has long been over due for an overhaul. Yet the main goal every year is to get more advertising. You’ll also get different answers from different wardens.

Bobber was told by a warden that you could not have more than 4 walleyes in your bucket while on the ice.

Another warden told me that you could as long as you are with-in talking distance of another person or fishing in a group. Your voice carries on the ice, does that mean 50 feet? 100 feet?? But then what happends when you head in. Do you need to divide up the fish then?

I am wondering the same thing as aquajoe about the road pass as we are staying in a friends cabin off Big Point.
I am also wondering about helmet regs on wheelers. Do i need to wear one to operate my wheeler on the lake?
iceman

OK, hypathetical question…..lets say there ar e4 of you in a house. and 3 go running popping holes all over in the 2nd day of fishing. would they have to take the fish they caught teh first night with them? say they caught a total of 6 fish between 4 of them. and then the one guy gets checked by thte DNR. if he look sand there is all the junk for a total of 4 guys in the perm, would the single get a ticket? just a off the wall question which is what I am good at.

Broncs

Yup….the guy stuck at the house would get a ticket for over possession….Here is the definition of “Party” fishing meaning multiple limits in possession-

A party is defined as a group of two or more persons:
– angling from a single watercraft; or
– if not in a watercraft, maintaining unaided visual and vocal contact
with each other. The total number of fish possessed by the party may not exceed the combined limits of the numbers of the party.
Each party member may transport only an individual limit of fish.”