C.O. Ability to question you while hunting

jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
There is a ton of media coverage of police officers abusing their power anymore. That got me wondering about what rights you have as a hunter when it comes to being stopped and asked for hunting license, orange card, etc.

Can a C.O. FORCE you to produce ID (assuming you are following all laws and there is no other reason to stop you)?

Also, are the rules different on public/private land?
 

JDMiller

12 pointer
Jun 12, 2005
10,802
" Between the Rivers "
If your in the field or on the water .... obviously engaged in the practice of hunting or fishing.... then yes. A CO can ask for your license and tags.. ID .. whatever necessary. That's their job and it doesn't mean you have to break the law first.

No different than any law enforcement really. Cops can set up check points to check for license , registration or proof of insurance.

I personally have no problem with it.


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jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
Even though cops use check points pretty often, they are "supposed" to have a signed search warrant. If not you could sit quietly and not say a word and they couldn't force you to produce any ID (probably gonna piss the cop off somethin fierce).

To take it a step further, law enforcement officers can't detain you without reasonable suspicion that you committed a crime. So would the act of hunting/fishing in itself be "reasonable suspicion?"


Edit: I don't have a problem either. Just don't understand how a C.O. could ask for any documents just because you're hunting. That would be the equivalent to getting pulled over and asked to produce a drivers license just for the fact that you were driving.
 
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toxic

10 pointer
Nov 10, 2012
1,094
J-TOWN (LOUISVILLE)
They have the right to ask you for license, etc. While hunting just like a cop has the right to ask for your license while driving. Where people get the law confused is when a cop asks someone on foot for their license. You dont have to show them unless you are in a car in a public area. When you are hunting, it is just like you are in a car driving down the road.
 

jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
They have the right to ask you for license, etc. While hunting just like a cop has the right to ask for your license while driving. Where people get the law confused is when a cop asks someone on foot for their license. You dont have to show them unless you are in a car in a public area. When you are hunting, it is just like you are in a car driving down the road.

Right. But you aren't supposed to get pulled over if you are obeying all traffic laws in the first place. Once you speed, run red light, etc- that's when you can be stopped
 

JDMiller

12 pointer
Jun 12, 2005
10,802
" Between the Rivers "
Even though cops use check points pretty often, they are "supposed" to have a signed search warrant. If not you could sit quietly and not say a word and they couldn't force you to produce any ID (probably gonna piss the cop off somethin fierce).

To take it a step further, law enforcement officers can't detain you without reasonable suspicion that you committed a crime. So would the act of hunting/fishing in itself be "reasonable suspicion?"


Edit: I don't have a problem either. Just don't understand how a C.O. could ask for any documents just because you're hunting. That would be the equivalent to getting pulled over and asked to produce a drivers license just for the fact that you were driving.

I think your confusing a lot of things here.... being asked for a license is not searching you or your property. Which hunting is a privelage just like driving a car. To do it you meet the requirements which being licensed grants you that privelage. To ask for your license to prove you meet those requirements.... is something you submit to when your partake of that privelage to hunt or fish.

I just don't see the issue in this simple act to show proof .. especially when your in the act of it in the first place.


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KY Swamp Beagler

12 pointer
Feb 20, 2011
3,825
the swamps of western KY
I like to beat the CO to the punch and offer my license. Every time I have done this they declined. It doesn't bother me at all when asked or to offer. I just hope they are as accommodating when I need their assistance.
 

jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
The issue I have is just based on principle alone. We live in a country where we are blessed with a great amount of freedoms. I hate to see our freedoms infringed upon. Sure, it's no big deal to show you hunting license and I would never refuse to do so. I just think you shouldn't have to be subject to any questioning if you don't deserve it.
 

JDMiller

12 pointer
Jun 12, 2005
10,802
" Between the Rivers "
I like to beat the CO to the punch and offer my license. Every time I have done this they declined. It doesn't bother me at all when asked or to offer. I just hope they are as accommodating when I need their assistance.

If the OP thinks simply asking for your license is overstepping the boundary..... he really needs to hunt federal property or a military base. Gives new meaning to providing proof .


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KYBOY

12 pointer
Apr 21, 2005
8,506
Floyd,co..Kentucky
If the OP thinks simply asking for your license is overstepping the boundary..... he really needs to hunt federal property or a military base. Gives new meaning to providing proof .


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When your on federal property your only there by thin good graces..The slightest slip will at the least get you thrown out..
 

jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
I would imagine that there are many more rules you must follow while hunting on government land. I'm going to search the statutes related to hunting and fishing to see if I can come up with a definite answer to my question.
Again, I don't want to come across as someone who would be confrontational to any law officer (especially a C.O.). I'm just a guy that values my liberty and freedoms and hate to see them encroached upon.
 

KY Swamp Beagler

12 pointer
Feb 20, 2011
3,825
the swamps of western KY
If the OP thinks simply asking for your license is overstepping the boundary..... he really needs to hunt federal property or a military base. Gives new meaning to providing proof .


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You got that right. I've been checked twice in 15 years - both times on federal land. I don't want any truck with those federal boys. They always want to see your credentials.
 
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JDMiller

12 pointer
Jun 12, 2005
10,802
" Between the Rivers "
I'm just a guy that values my liberty and freedoms and hate to see them encroached upon.

I encourage you to ask and seek the information on the subject.

But I do want to point out you have made several comments concerning your liberties. I can understand that and feel the same way on certain things.

But the US constitution doesn't grant you the right to hunt or fish. Same as it's not in there that you have the right to drive a car .

These are privileges granted by the states we live in. Your "liberties" are not being infringed upon when a CO ask to see your license and you submit to being checked once you partake in the activity. The act of hunting or fishing is not a liberty.

Also believe you will find within Ky laws and statutes concerning CO's ..they actually have more authority concerning coming on to your property and searches related to fish & wildlife issues than other law enforcement.

Which things change and there's been discussions in the past involving limiting that ability. But I don't think that ever came about. Only big change in this of late was KSP had took back over water patrol where as KDF&WR were over it.


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