what can a dnr officer do?

  • Eric Ahlstrom
    Grand Rapids, MN
    Posts: 137
    #1282529

    Can a dnr officer jump in your boat without permission and start opening compartments without permission?

    Every time I have ever been stopped by the dnr they have stayed in their boat and asked for all the normal stuff. But yesterday I had two officers pull up next to me which is what they normally do but then one of them just jumped into my boat…. never had that happen much less opening my compartments.

    BBKK
    IA
    Posts: 4033
    #1176558

    They can board you at any time, they cannot open any compartments other than your livewell without asking. If your compartment is open they can look inside without asking. If they have probable cause they can search the whole boat.

    If you think they did something they were not supposed to, you can call the regional DNR office and enter a formal complaint.

    Tom Sawvell
    Inactive
    Posts: 9559
    #1176594

    The can’s and cannot’s of DNR officers differs state to state. Yet that little clause about “reasonable or probable cause” can be a toughie to challenge. All it takes in Minnesota is for someone to call and report the boat even falsely for having too many fish or some other activity that isn’t kosher and they’ll be in the boat.

    I think I’d have asked just why he was coming on board. They have to tell you why they are boarding if you ask. I’m not all that certain but maybe they have to tell you straight up that they are coming on deck before they do so. As a rule they are not going to come aboard without some reason or suspicion.

    I’ve been check many times and never had one come aboard. I invited one aboard to fish once and did, but never have I had one just jump in. Something had to have been up to prompt the action and as I mentioned all it takes is a random call by an idit to get attention put on you.

    big_g
    Isle, MN
    Posts: 22198
    #1176597

    I have seen 1 board, when there was 2 in the boat in rough water… most times they will pull along side and hold your boat, but in rough water, I have seen them board 1 for your safety and theirs. Nothing to hide, come aboard.

    nhamm
    Inactive
    Robbinsdale
    Posts: 7348
    #1176598

    Quote:


    Nothing to hide, come aboard.


    x2
    Mr.Officer can I grab you a cold one since you’re here?

    BBKK
    IA
    Posts: 4033
    #1176600

    Quote:


    Quote:


    Nothing to hide, come aboard.


    x2


    x3

    If you have nothing to hide be as nice as you can, you will almost always get the same back from them. If they think you are hiding something or being rude, you will get rude right back from them.

    Establish a a rapport with your local CO and your life will be much better! I don’t even get checked anymore, they just ask how I am doing and if the fish are biting, how we did hunting last year, or if we have seen anything suspicious in the area lately. Then they take off and head on down the line.

    The one time really pissed off the other guys, he went right down the line of 10-15 guys fishing and checked everyone. Got to me in the middle and just started BSing about last duck season, then went right back to checking everyone. Measured everyone’s walleyes and counted their white bass, didnt even look in my basket.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59988
    #1176604

    Quote:


    If they think you are (edit) being rude, you will get rude right back from them.


    That’s so true with everyone, not just CO’s.

    nhamm
    Inactive
    Robbinsdale
    Posts: 7348
    #1176623

    Omg to all the lawyers out there who can read that whole thing and still want to deal with law.
    Maybe I am ignorant but that is a whole lot of mumbo jumbo. No wonder our courts are so messed up they have to deal with that junk day in and day out. Could have all been summed up in about two paragraphs.

    average-joe
    Hudson, WI
    Posts: 2376
    #1176629

    I’m not sure about this one

    I have absolutly nothing to hide, but it would be like somone just barging into my home

    I can’t say that I’d be cool with that

    They better have a darn good reason

    BBKK
    IA
    Posts: 4033
    #1176638

    Quote:


    I think I’d have asked just why he was coming on board. They have to tell you why they are boarding if you ask. I’m not all that certain but maybe they have to tell you straight up that they are coming on deck before they do so. As a rule they are not going to come aboard without some reason or suspicion.


    A CO can board without asking if they want to, to check the fish in your possession (livewell). Now someone like a USCG officer or state water patrol cannot board without probable cause or permission from you, since they likely would not be checking your fish. But if they wanted to and had the authority to check your fish they could do it AND CHECK YOUR LIVEWELL ONLY.

    I would venture to guess that anyone who asks “why are you getting on my boat” would get the same answer…. to check the livewell for fish.

    If you care about your rights, please understand that they cannot check anything else except for the state required items while on board, and they cannot just search through your boat for them. They have to ask to see them. This would be life jackets, fire extinguisher, etc. The ONLY time they can search your boat in closed compartments is if they have probable cause, and if they try and do it without saying anything just stop them and ask what they are looking for. If they do not give you a reason or just ignore you, TAKE NOTE! They probably just did an illegal search.

    Things they CAN do:

    Board your boat without asking to check your possession of fish, even if you say you have none. If you tell them they cannot board, and they think you have a livewell they will board anyways. If you do not have a livewell they cannot board without probable cause that a crime is being/has been committed.

    Look in any open compartments by sight, they cannot dig through them.

    Check your normal required items.

    big_g
    Isle, MN
    Posts: 22198
    #1176643

    I disagree. If your getting hammered in you house, I could care less. If your getting hammered in your boat, 50 yards from a guy and his kid in their boat on a public lake, that’s different to me. Do I think they should be able to look anywhere other than the live well or a cooler, no.

    kooty
    Keymaster
    1 hour 15 mins to the Pond
    Posts: 18101
    #1176660

    Quote:


    This pertains to MN:

    http://caselaw.findlaw.com/mn-supreme-court/1323869.html

    Bottom line is there is no reasonable expectation of privacy on a boat in MN. Until the next case comes along anyway…


    This is new info to me. Last I was aware your fish house and boat were considered off limits without permission.

    Brian Klawitter
    Keymaster
    Minnesota/Wisconsin Mississippi River
    Posts: 59988
    #1176663

    You are right Kooty…to a degree.

    A CO can not enter a fish house without permission or without knowing by admission or seeing a person fish. (glass fishhouse??)

    The case referenced talks about the fella cited admitting to fishing and transporting fish. Once he did that, the CO had the right to inspect them.

    How this pertains to the OP’s question is hard to speak to since we don’t have enough info. If the CO witness him fishing, the CO is within his or her legal rights to board the vessel to inspect anything and everything including other compartments the CO may feel are holding game fish.

    PS Speaking only toward Federal Waters and the Coast Guard, I only have one comment regarding boarding. But it’s good advice anytime…

    Never argue with a person that has a gun.

    big_g
    Isle, MN
    Posts: 22198
    #1176664

    I have my CC…

    Eric Ahlstrom
    Grand Rapids, MN
    Posts: 137
    #1176671

    I was pike and bass fishing and had no fish on board and nothing to hide. I was just curious because I had never seen that happen before. After he searched everything and saw everything was good he was very friendly. He didn’t come off friendly at first though when he was opening my compartments. It was also the first time I have ever had an officer ask for my drivers license and compare my signature on my drivers license to the one on my fishing license. I wasn’t even aware that I needed both while fishing.

    rvvrrat
    The Sand Prairie
    Posts: 1838
    #1176735

    Quote:


    It was also the first time I have ever had an officer ask for my drivers license and compare my signature on my drivers license to the one on my fishing license. I wasn’t even aware that I needed both while fishing.


    Very rarely do I have my drivers license in the boat…hmmmm.

    suzuki
    Woodbury, Mn
    Posts: 18389
    #1176738

    Quote:


    I was pike and bass fishing and had no fish on board and nothing to hide. I was just curious because I had never seen that happen before. After he searched everything and saw everything was good he was very friendly. He didn’t come off friendly at first though when he was opening my compartments. It was also the first time I have ever had an officer ask for my drivers license and compare my signature on my drivers license to the one on my fishing license. I wasn’t even aware that I needed both while fishing.


    I’m all for cooperating but there’s no way an officer has the right to search compartments. I would raise hell right there and later. Welcome to America officer.

    big_g
    Isle, MN
    Posts: 22198
    #1176740

    • To qualify as a resident, a person must maintain a legal residence in
    Minnesota for at least 60 consecutive days before purchasing a license. In
    addition, residents 21 or older must provide a current Minnesota Driver’s
    License or ID card, unless exempt under the Religious Freedom Act.

    Eric Ahlstrom
    Grand Rapids, MN
    Posts: 137
    #1176835

    Quote:


    • To qualify as a resident, a person must maintain a legal residence in
    Minnesota for at least 60 consecutive days before purchasing a license. In
    addition, residents 21 or older must provide a current Minnesota Driver’s
    License or ID card, unless exempt under the Religious Freedom Act.


    Good to know about the drivers license.

    Denny O
    Central IOWA
    Posts: 5807
    #1176876

    What can he do you ask?

    Anything he darn well pleases while he is packing!

    rvvrrat
    The Sand Prairie
    Posts: 1838
    #1176896

    Quote:


    • To qualify as a resident, a person must maintain a legal residence in
    Minnesota for at least 60 consecutive days before purchasing a license. In
    addition, residents 21 or older must provide a current Minnesota Driver’s
    License or ID card, unless exempt under the Religious Freedom Act.



    Not sure where this came from. It sounds like you need a DL or ID to purchase a license. Is this the case or is it specific to “what you need to have” when fishing?

    kooty
    Keymaster
    1 hour 15 mins to the Pond
    Posts: 18101
    #1176899

    At the most basic level, I hate the guilty til proven innocent.

    BBKK
    IA
    Posts: 4033
    #1176905

    I remember vaguely when purchasing a non-res Min license it said something about to carry a photo ID along with the license. Sure sounded like I needed to have an ID on me, so sounds like it is the same for residents.

    mplspug
    Palmetto, Florida
    Posts: 25026
    #1176907

    Quote:


    Not sure where this came from. It sounds like you need a DL or ID to purchase a license. Is this the case or is it specific to “what you need to have” when fishing?



    Both.

    As for what a CO can do. If he starts rummaging through your compartments, be careful with your protest. He’s obviously a dick just waiting for a reason. I can’t imagine too many COs would do that.

    As for the livewell, I think it is clear he has a right to verify you are legal. I’ve yet to meet a CO where I thought afterwards, what a prick. Although there is always a bit of uneasiness when the GW in brown britches approaches.(You know that reference?)

    big_g
    Isle, MN
    Posts: 22198
    #1176911

    Came right from the regs. (what the religious freedom reference is, I don’t know)

    BBKK
    IA
    Posts: 4033
    #1176930

    Quote:


    Came right from the regs. (what the religious freedom reference is, I don’t know)


    Amish, they cannot take photographs. They are exempt from needing a photo ID. Probably some other groups also, but I don’t know them.

    crawdaddy
    St. Paul MN
    Posts: 1452
    #1177004

    Quote:


    I’ve yet to meet a CO where I thought afterwards, what a prick. )


    Just go to Lake Okoboji Iowa, the game warden there is the definition of the word.

    BBKK
    IA
    Posts: 4033
    #1177007

    Game warden in stearns county MN was a dick a couple years ago. Made the mistake of saying “we have a limit on board and a limit in the cabin” (talking 20 crappies for 3 people, 10 in the livewell and 10 in the freezer). I swear he was about to call for a search warrant or something, he had that look in his eye like “I got these dumb Iowians now”. He checked everything on the list trying to find a violation, even read every tag on the life jackets and fire extinguisher. Even made me blow on the whistle to prove it was operational. He couldnt find anything wrong but he spent the next 45 minutes or so sitting in the middle of the lake, probably watching us. Checked all the out of state boats on the lake and not a single MN boat.

    His partner was pretty nice though.

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