We’re The Government, And We’re Here To Watch You! – Update October 2022
BY PGF
2 years ago
The story from a couple of years ago on TCJ:
Tennessee landowner removed a game camera secretly strapped to a tree on his private land by wildlife officials in order to monitor his activity without apparent sanction or probable cause. Repeat: Hollingsworth’s residence was searched by U.S. government and state officials, dressed to the nines in assault gear, seeking to regain possession of a trail camera—the precise camera they had surreptitiously placed on his private acreage after sneaking onto his property at night, loading the camera with active SD and SIM cards, and zip-tying the device roughly 10’ high up a tree—all without a warrant.
Here’s the update:
Tennessee Wildlife Resources Agency (TWRA) said Mr. Hollingsworth was illegally baiting. He plead his case and got his hunting license suspended or revoked. Then he filed suit in federal court, alleging his privacy rights were violated and that TWRA had no warrant. A federal court threw out the case. Hollingsworth said the government will bleed the average person of resources and time; there’s no real way to fight this.
You have no right to privacy on your own property, and no warrant is needed to surveil you. TWRA and US Fish and Wildlife are doing this to others as well, that’s according to the news source. It’s not some conspiracy theory.
On October 26, 2022 at 8:02 pm, The Wretched Dog said:
It’s [not] some conspiracy theory.
On October 27, 2022 at 3:45 am, Daniel Smith said:
Of course it’s not…it’s not new news either, it’s 100% legal. Game wardens have more authority than federal judges do. If the Game Wardens felt like they needed to waste their time to place game cameras on someone’s private property, then they probably have a good idea what they’re going to find. There are so few Game Wardens in any given state compared to any other law enforcement agency, they truly do not have the time or resources to dedicate to something like this unless they know what they’re going to find.
Really simple…don’t break the law and bait deer where it’s illegal and then you don’t have game wardens on your property investigating you.
On October 27, 2022 at 3:54 am, Daniel Smith said:
“loading the camera with active SD and SIM cards, and zip-tying the device roughly 10’ high up a tree”.
As opposed to “non-active sd and SIM cards?” What ever that is. Seems to me this writer also was trying to make things sound much worse than they actually were; as well as deflect the fact that even a federal judge threw the case out…probably because the moron was actually baiting illegally since they actually don’t know how to hunt.
On October 27, 2022 at 7:54 am, Latigo Morgan said:
Spray paint.
On October 27, 2022 at 9:18 am, Frank Clarke said:
Amendment 4 – Search and Seizure. (Ratified 12/15/1791)
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
I was unable to find the later amendment that Daniel Smith used to assert that “Game wardens have more authority than federal judges do” and that grants them authority to search without a warrant or due process. I’ll keep looking.
On October 27, 2022 at 11:12 am, Don Curton said:
It astonished me as a young man to learn that if you own property, you don’t really own it. Any wild animals on the property? Well, they are “owned” by the govt. Period. Good luck getting the govt to reimburse you for the damaged gardens after the wild animals graze it, but just shoot one out of season and go to jail.
Got any water on the property? Running stream, stagnant “wetland”? Guess what! The govt owns that too. Try to dam it, drain it, modify it in any way and oh holy hell.
Building anything on it? Running a business on it? Depending on location, better get plenty of permits and pay thru the nose for them. And then allow govt inspectors out there too.
And all that’s without even going into the continual renting of the property from the govt (in the form of paying taxes).
oh, and every game warden I ever met was a complete ass who didn’t mind using unconstitutional power to abuse your rights.
On October 27, 2022 at 12:13 pm, Steady Steve said:
Once you know where it is, take a different route out of sight of the camera and disable it. Use thick nitrile gloves and a mask so you don’t leave DNA. Post your property with no trespassing signs and you can arrest them if found on your property without a warrant.
On October 27, 2022 at 6:06 pm, scott s. said:
The limitation of “search” is for “houses” (curtilage). Per the “open fields doctrine” entry of LEO on other land is not common law trespass and there is no reasonable expectation of privacy.
On October 27, 2022 at 6:15 pm, Mike Z said:
CURTILAGE – The enclosed space of ground and buildings immediately surrounding a dwelling house. Chit.Gen.Pr. 175; United States v. Vlahos, D.C.Or., 19 F. Supp. 166, 169. The curtilage of a dwelling-house is a space, necessary and convenient and habitually used for family purposes, and the carry on of domestic employments. It includes the garden, if there is one, and it need not be separated from other lands by a fence. State v. Shaw, 31 Me. 523; Derrickson v. Edwards, 29 N.J.Law, 474, 80 Am. Dec 220; Bare v. Commonwealth, 122 Va. 783, 94 S.E. 168, 172: State v Lee, 120 Or. 643, 253 P. 533, 534. Search warrants are required for dwellings, buildings and their curtilage. The camera was considered not to be located within Mr. Hollingswoth’s dwelling’s curtilage.
On October 28, 2022 at 6:36 am, Joe Blow said:
I live in East TN, and have interacted with TWRA staff a few times, accidentally and once on request (someone was baiting deer with corn behind my property on TWRA lands).
I have found them to be good, professional people, but do not rule out a bad apple in the mix. Sorry, law enforcement in general is viewed with suspcion due to their own actions these days.
That being said, Latigo Morgan answers the problem above (be the sand in the gears). Can of spraypaint. I was marking MY TREEs, and didn’t see your camera it was so well camouflaged, I didn’t bring my glasses with me. Sorry. Next time tell me when you tresspass and maybe that won’t happen? Hang a paper target in front of the camera and have a go with 300 winmag.
Reminds me of the drug dealer that won his court case for removing the police GPS tracking from his car. They accused him of stealing gov’t propety! He is right about the state wasting your resources in a pointless fight, but this boy needs a better lawyer.
On October 28, 2022 at 9:28 pm, Stacy0311 said:
Place a camera outside the game wardens house (across the street, up a tree) see how they like having their every move recorded. Hey, it’s legal.
On October 29, 2022 at 11:51 am, Chris Mallory said:
Mike Z, just like Terry v Ohio, more wrong decisions by the courts. Limiting the power of government is always a good thing. Expanding it is always bad.
On October 30, 2022 at 10:23 am, Alex Lund said:
Dig a hole, put some sticks in it and cover it.