C.O. Ability to question you while hunting

ocbowhunter

6 pointer
Apr 30, 2005
443
LaGrange, KY
"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. "

completely correct. You have NO right to hunt, fish OR drive. These are priveleges.

As far as that goes. . .no one has a right to health care either. . .access to health care yes. . .but not free health care.
 

jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
The rights and liberties that I'm referring to are not the acts of hunting, fishing, driving. Of course those are all privileges. The liberty that I'm referring to is being able to participate in a legal activity (such as hunting) in a legal manner without being stopped, questioned, or otherwise harassed by an officer of the law.

A law officer MUST HAVE "reasonable suspicion" in order to detain you. I guess my bottom line is, "Does the act of hunting constitute reasonable suspicion of you breaking a law?"

Now if you are seen blatantly breaking a law or you have given an officer "reasonable suspicion", the CO would have every right to stop you and ask for any/all identification they deem necessary.
 

jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
I stand corrected. Per KRS150.090 ImageUploadedByTapatalk1416015149.330175.jpg seems that simply engaging in hunting, fishing or any other activity that kdfwr has purview over gives them the right to inspect your license, etc.

Edit: I definitely don't agree with this, but I'm glad I looked it up. This is much different than the laws/regs that apply to driving and open carry of a firearm.
 
Last edited:

wolverine1

12 pointer
Oct 19, 2004
5,145
breckinridge county
How is a CO supposed to know if you are hunting in a legal manner if he doesn't ask you questions. Obviously he doesn't have mental telepathy to know if you have a hunting or fishing license, whether your shotgun is plugged, exceeded a bag limit, etc...


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imthemedic

6 pointer
Oct 17, 2011
133
This should clear this matter up. Look at sections 5 and 6...

150.090 Conservation officers, peace officers, and other persons appointed
by the commissioner to enforce chapter -- Authority of such officers and
persons.
(1) Conservation officers appointed by the commissioner shall have full powers as
peace officers for the enforcement of all of the laws of the Commonwealth,
except that they shall not enforce laws other than this chapter and the
administrative regulations issued thereunder or to serve process unless so
directed by the commissioner in life threatening situations or when assistance
is requested by another law enforcement agency.
(2) The commissioner may appoint other persons to enforce only the provisions of
this chapter and the administrative regulations issued thereunder. Such
persons shall have the power to make arrests or issue citations only for
violations of this chapter and the administrative regulations issued thereunder.
(3) All other peace officers and their deputies shall enforce the provisions of this
chapter and the administrative regulations issued thereunder.
(4) All persons charged with the enforcement of this chapter and the administrative
regulations issued thereunder shall have the right to go upon the land of any
person or persons whether private or public for the purpose of conducting
research or investigation of game or fish or their habitat conditions or engage in
restocking game or fish or in any type of work involved in or incident to game
and fish restoration projects or their enforcement or in the enforcement of laws
or orders of the department relating to game or fish, while in the normal, lawful
and peaceful pursuit of such investigation or work or enforcement, may enter
upon, cross over, be upon, and remain upon privately owned lands for such
purposes, and shall not be subject to arrest for trespass while so engaged or
for such cause thereafter. They may arrest on sight, without warrant, any
person detected by them in the act of violating any of the provisions of this
chapter. They shall have the same rights as sheriffs to require aid in arresting
with or without process any person found by them violating any of the
provisions of this chapter and may seize without process anything declared by
this chapter to be contraband. No liability shall be incurred by any person
charged or directed in the enforcement of this chapter.
(5) Conservation officers and other officers charged with the enforcement of this
chapter, shall have the authority to call for and inspect the license or tag, bag
or creel of any person engaged in any activity for the performance of which a
license is required under this chapter, and shall also have the authority to take
proper identification of any person, or hunter, or fisherman who is actually
engaged in any of these activities, and to call for and inspect any and all
firearms and any other device that may be used in taking wildlife and is in the
possession of any person so engaged.
(6) No person shall resist, obstruct, interfere with or threaten or attempt to
intimidate or in any other manner interfere with any officer in the discharge of
his duties under the provisions of this chapter. This subsection shall not apply
to a criminal homicide or an assault upon such officer. An assault upon such
officer shall be deemed an offense under KRS Chapter 507 or 508, as
appropriate.
 

JDMiller

12 pointer
Jun 12, 2005
10,803
" Between the Rivers "
A law officer MUST HAVE "reasonable suspicion" in order to detain you. I guess my bottom line is, "Does the act of hunting constitute reasonable suspicion of you breaking a law?"

Really don't know where your getting this "Must have reasonable suspicion".

If your observed in the act of hunting or fishing.... It doesn't matter if you broke the law or not. They have full authority to make sure your legal to do so by requesting to see you license & tags.

This is not harassment... It's what their charged to do. Which if they couldn't .... what's the point of even having game laws or license requirements if they had to wait to see you break the law before they could legally do so.

Harassment would be a CO doing it repeatedly to you after he's already ascertained that you are legal to pursue the activity.


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jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
How is a CO supposed to know if you are hunting in a legal manner if he doesn't ask you questions. Obviously he doesn't have mental telepathy to know if you have a hunting or fishing license, whether your shotgun is plugged, exceeded a bag limit, etc...


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He doesn't have to know. See my post on the previous page. In many circumstances a law officer must have "reasonable suspicion" to detain you. This is not one of those circumstances.

By the way, the phrase "reasonable suspicion" gives the law officer an incredible amount of leeway. I assume that's why the legislators use that phrase.
 

jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
JDMiller,

I came to "must have reasonable suspicion" based on the laws regarding law enforcement in many other situations. I wrongly assumed it applied to CO's as well

I should have read up on my laws/statutes before I posted!!!
 

Strutter

Cyber-Hunter
Dec 9, 2001
3,398
USA.
Don't forget this new rule that passed a couple year ago.

"The citizens of Kentucky have the personal right to hunt, fish, and harvest wildlife, using traditional methods, subject only to statutes enacted by the legislature, and to administrative regulations adopted by the designated state agency to promote wildlife conservation and management and to preserve the future of hunting and fishing.

"Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section shall not be construed to modify any provision of law relating to trespass, property rights, or the regulation of commercial activities."

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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GSP

14 Pointer
Staff member
Dec 12, 2001
13,077
Montrose
"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. "

completely correct. You have NO right to hunt, fish OR drive. These are priveleges.
As far as that goes. . .no one has a right to health care either. . .access to health care yes. . .but not free health care.

This is not correct. In KY you have a Constitutional right to hunt.
 

Rodeo man

8 pointer
Aug 31, 2011
672
Interesting thread here. The CO is out and about to enforce the law. How could he possibly do his job without asking to see license?
 

jordanc57

Spike
Oct 13, 2009
99
Floyd Co. Kentucky
Interesting thread here. The CO is out and about to enforce the law. How could he possibly do his job without asking to see license?

Imagine that you are driving down the highway and obeying all traffic laws. Then you get stopped by a police officer and asked to produce your drivers license, proof of insurance, whatever. You just get stopped on a whim cause that officer feels like stopping you. That would suck, wouldn't it?

It's kind of like being innocent until proven guilty, I suppose.
 

JDMiller

12 pointer
Jun 12, 2005
10,803
" Between the Rivers "
This is not correct. In KY you have a Constitutional right to hunt.

I had actually plum forgot about that and remember it on the ballot a few years ago to amend the state constitution.

It was one of the good things that we've voted for... can't always say that.




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atb1180

Fawn
Oct 29, 2013
20
I can't imagine anyone having a problem with having there license,tags, etc checked unless they're doing something they shouldn't be.
 


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