Law Concerning Ice Fishing Houses in Minnesota

Is the Minnesota supreme court ruling still valid forbidding warrant-less unconstitutional law enforcement entries into fish houses on Minnesota lakes?

Thanks.

Yes, but if your not breaking any laws why not let them in??:???: I know if I said no I would fully expect to be check when I left the lake.

In my opinion saying no means someone has something to hide.

glenn57 wrote:

Yes, but if your not breaking any laws why not let them in??:???: I know if I said no I would fully expect to be check when I left the lake.

In my opinion saying no means someone has something to hide.

So what other rights are you willing to give up?

glenn57 wrote:

Yes, but if your not breaking any laws why not let them in??:???: I know if I said no I would fully expect to be check when I left the lake.

In my opinion saying no means someone has something to hide.

A few years ago I would have agreed with you Glenn. But after a couple of boat checks by a certain CO with a bad attitude they get the bare minimum of cooperation from me now.

There are plenty of ethical people who have nothing to hide yet still do not allow men with guns entering their property. This subject though will likely get lots of people real upset very fast.

Huntindave wrote:

<div class=”d4p-bbt-quote-title”>glenn57 wrote:</div>
Yes, but if your not breaking any laws why not let them in??:???: I know if I said no I would fully expect to be check when I left the lake.

In my opinion saying no means someone has something to hide.

So what other rights are you willing to give up?

has nothing to do with giving up any rights. There doing there job, if you didn’t break any laws, what’s to worry. I’d let the police look in my house to, got nothing to hide.

mxskeeter wrote:

<div class=”d4p-bbt-quote-title”>glenn57 wrote:</div>
Yes, but if your not breaking any laws why not let them in??:???: I know if I said no I would fully expect to be check when I left the lake.

In my opinion saying no means someone has something to hide.

A few years ago I would have agreed with you Glenn. But after a couple of boat checks by a certain CO with a bad attitude they get the bare minimum of cooperation from me now.

if I had that happen to me I guess I’d be the same.

How about we just acknowledge a person was asking a question/clarifying a situation and not assume they are trying to hide something. If I want to know whether a state has the death penalty or not that doesn’t mean I’m planning on going out a commiting murder. Sometimes a guy just asks a question to know the answer and nothing more.

mxskeeter wrote:

<div class=”d4p-bbt-quote-title”>glenn57 wrote:</div>
Yes, but if your not breaking any laws why not let them in??:???: I know if I said no I would fully expect to be check when I left the lake.

In my opinion saying no means someone has something to hide.

A few years ago I would have agreed with you Glenn. But after a couple of boat checks by a certain CO with a bad attitude they get the bare minimum of cooperation from me now.

X2.

Seems a bit unconstitutional. Basically take your rights away and invade on privacy to make sure your staying legal. Might as well pull your car over just because they want to make sure your legal.

Not that I have anything to hide.

But half the time we are out fishing is the majority of our alone time between the wife and i. Tends to get a little freaky. No one should walk in on that.

To the OP, yes they need a warrant OR if they can see something from outside either thru a window or door opening that is illegal I believe they can enter.

My personal opinion is if they have a valid reason to search, I’ll let them in. If not, I won’t.

Far extreme side of this aurgument, there was a missing persons report one time. A person was last seen at a party at this guys house. He refused to let police search his residence cause it was his right. It took a long time for police to secure a search warrant and they could have been out searching other areas during that time should the INNOCENT home owner allowed the search. He was completely innocent but just didn’t want to revoke his rights…

If the CO’s heard rumors of illegal activity in my house I’d allow them in(granted I’m being legal LOL JK). If they are just stopping by and want to look, than no.

I believe in MN you can have your door locked and deny them access.

In Wisconsin, you can’t lock your door and they can barge right in.

One of these days when I hear that sled pull up I’m going to yank my pants off and open the door like no big deal

glenn57 wrote:

<div class=”d4p-bbt-quote-title”>Huntindave wrote:</div>

<div class=”d4p-bbt-quote-title”>glenn57 wrote:</div>
Yes, but if your not breaking any laws why not let them in??:???: I know if I said no I would fully expect to be check when I left the lake.

In my opinion saying no means someone has something to hide.

So what other rights are you willing to give up?

has nothing to do with giving up any rights. There doing there job, if you didn’t break any laws, what’s to worry. I’d let the police look in my house to, got nothing to hide.

Actually no where in their job description does it say they can disregard my constitutional rights, so I don’t see how this would be part of their job. If it matters, I fully support law enforcement, I have family members in law enforcement.
That said, I’m not giving up my free speech, I’m not giving up my right to defend myself, and I’m not giving up my right NOT to be stopped and searched with out a warrant. I don’t plan to voluntarily give up ANY of the freedoms my family members have fought and died for.

Who do I contact to get a refund on the constitution? Its defective and doesn’t limit anything.

If they’re just being friendly and making the rounds I’d let em in. If there going around trying to find something (that doesn’t exist)I wouldn’t.

fishhouse is a lot less of a pain to me, than the boat in the summer.

slipbob_nick wrote:

If they’re just being friendly and making the rounds I’d let em in. If there going around trying to find something (that doesn’t exist)I wouldn’t.

fishhouse is a lot less of a pain to me, than the boat in the summer.

Lol…. if they “are just being friendly making rounds”, then they are also “trying to find something”. That’s what making rounds means…..and that’s their job. As far as my fish house, my home, my garage,….. show me the warrant, or the answer is a polite “no sir”.

By being friendly I mean knocking on the door asking hows its going. I’ve never had a co barge in the house.

How many people have honestly had them come inside the house and look around??

To each there own. I just feel if I say no I expect to be checked leaving the lake. It’s your right to say no have at it.

slipbob_nick wrote:

By being friendly I mean knocking on the door asking hows its going. I’ve never had a co barge in the house.

How many people have honestly had them come inside the house and look around??

More than once for me.

If they lack a warrant, I believe they are required to ask permission to enter a fish house, garage, home, etc. So by asking to come in, they aren’t “being friendly”….they are doing their job.

I don’t believe that a warden is ever looking around your stuff in order to help you out or be a pal, instead they are looking to see if there is an infraction they can cite. A warden is definitely not trying to help you out by searching.

Honest question, if you deny them access to your shelter, and they check you leaving the lake, can they stop you and search your vehicle then? I don’t think so.

A person’s home or an apartment….one’s abode….has protection from un-warranted intrusion. I think boats and ice houses located on a “public” venue, water as is the case, might carry a different legal definition. I would question whether a person’s rights as defined to his “home” might be under a different translation on public waters. Now if a lake was surrounded entirely by private property and offered no public access, perhaps the definition of “public” could carry a wholly different meaning or translation.

I don’t ice fish and haven’t any king of enclosure to worry about. If people are not in violation of any of the rules they agree to when they purchase that shack tag and fishing license, they should be fine with a CO doing his job. Honestly their presence should be welcomed, knowing they are out there looking for crooks. Now if you’re out there doing some blow or smoking dope, I have zero pity on anyone getting their sorry arses busted. And so you know, any law enforcement that smells dope being burned coming from any vent gives them open cause to find its source and entry can be justified.

I think ice and open water give way to checks if every aspect points to a public venue. Now if you’re in the boat or shack in your driveway, yes a warrant is called for. Quit worrying about it and keep your nose clean.

Tom, I’m not a big fan of Cocaine either…..

But I love the way it smells

As what tom said, we travel public road ways. They can’t just search a car with out a warrant

What’s wrong with smoking dope now tom come on

I’ll see your “if you have nothing to hide why not let them in?” and raise you a “if there is no appearance that I have done anything wrong, you have received no complaint, and I’m not disturbing anyone, why are trying to entrap me by sneaking up and trying to randomly enter my fish house?”

Why don’t they just stroll up to my house unannounced at any hour of the day just to check in and make sure I’m not breaking some law?

Hell, why don’t they just lock me right now because they think I could possibly commit some sort of crime in the future?

I have nothing to hide. But, by no means does that allow big brother into my personal, private space whenever they damn well please to make sure I’m doing thing to their standard. How many Americans have been riddled with musket balls and machine gun rounds to protect that exact principle?

I tell ya, this country is going to hell in a hand basket. The founders are rolling in their grave.

Wow this sure gets heated… I guess I haven’t had problems with a CO while fishing (Hunting different story). While fishing in the summer I only have had them ask for our licenses, if we have been catching much, check for PFD’s and then an occasional check for invasives at the ramp.
Winter fishing I had them once knock on the door and basically asked to see our licenses and wondered how its going. I invited him in because it was stupid cold out and the wind was blowing 20+ mph.

Maybe I have been lucky and gotten a CO that is having a good day, but at the same time I am very respectful our officers and appreciate what they are trying to do.

Think what you want. I think that there’s a distinct difference between private property and a public venue and that rules change accordingly. A car or motor vehicle on a roadway is considered your private space and requires a warrant or your direct permission to search….unless of course you give an officer a “probable cause” to search. That would also extent to your home. If you’re not illegal in any way on the ice or in your boat there is no entrapment, is there? Damn….half of you sound like you’re dealing or doing illegal things everywhere you’re at. Don’t give the legal hounds any reason to go beyond a license check and they won’t. Paranoia….smoke much?

Between thieves, drug addicts, drunks, and those keeping too many fish on our lakes…I’m happy to see CO’s out and about. I’m not offended by our public servants knocking on doors and checking on folks, myself included.

If they violate rights or act inappropriately, follow up accordingly. Outside of that, let them do their job. It’s us and our resources they are protecting.

I think this answers your question.

https://www.revisor.mn.gov/statutes/cite/97A.215

See subd 3.

In regards to the public/private property thing, I don’t think that has much to do with it. I think because hunting and fishing is a privilege like driving, you must present your ID and license when asked.

So they can inspect your fish house and boat but they cannot enter your home without a warrant because the home is not the premise of a hunting or fishing activity.

To those of you who deny access would you refuse their help / access if our shack was on fire and you were inside?