How much clout do Game Wardens have?

[unclemoak]

If you are hunting on private property and a Game Warden come wondering out of the woods can you tell them to get off your property?

Do they have arrest powers?

[Buckmark.35]

This link is from the PGC website Enforcement

From the sounds of things, they have jurisdiction on any land outside of a building.

(1) Enforce all laws of this Commonwealth relating to game or wildlife and arrest any person who has violated any of the provisions of this title while in pursuit of that person immediately following the violation.

(2) Go upon any land or water outside of buildings, posted or otherwise, in the performance of the officer's duty.

[JIMMYC308]

My friend is a State Trooper and he says the PGC has more authority than he does to go on private property.

[str8shooter]

Originally Posted by JIMMYC308

My friend is a State Trooper and he says the PGC has more authority than he does to go on private property.

... and I believe they can do so without a warrant.

[JIMMYC308]

Originally Posted by str8shooter

... and I believe they can do so without a warrant.

You are correct. Many years ago I had a PGC come on to private property and break my stones while I was hunting groundhogs. No warrant at all.

[XD45]

I've heard of people getting tickets for fishing a pond on their own property without a fishing license. Well one person.

[JIMMYC308]

Originally Posted by XD45

I've heard of people getting tickets for fishing a pond on their own property without a fishing license. Well one person.

That person couldn't be you could it?

[Buckmark.35]

It says in the laws on the PGC website that commissioners have to get a warrant to search a house or occupied structure. Outside of that they pretty much have free reign.

[rady8um]

Originally Posted by unclemoak

........can you tell them to get off your property?

So, to answer your question, yes, you can tell them to get off of your property.


Of course, they will laugh at you and go about their business until they feel like leaving, but you can tell them.

Sorry, I couldn't resist.



This reminds me, I used to see a PGC car down in Abington about four times a week. I could never figure out what he was doing, but I guess the "any land" part of the job description covers that.
Either that or he was checking out one of the local girl's "gameland".

[bluetick]

The GC has this authority under the Open Fields doctrine. Challenged in the US Federal Courts across the nation, LE has this power.

The Open Fields Doctrine allows them to observe anything in plain view outside the primary residence. The federal court document I read stated that basically what is in a birds eye view is fair game.

The last case I am aware of in PA was a guy convicted of baiting bears with apple mash. Suspicions were raised when he checked the bear. The WCO entered the posted property, without a warrant. The convicted poacher challenged the conviction because the WCO didn't have a warrant and was trespassing.

He lost in court. The judge pointed to the settled federal ruling(s) on the issue.

No warrant is required for this type of investigation.

As for entering private property.

Basically, the GC can enter private property when they have cause. That might be a report of illegal activity, suspicious activity, past infractions, or other reasons. There must be a reasonable reason for the intrusion.

The courts have consistently ruled that hunting is a heavily regulated activity. To deny authorities (WCO/DWCO) unfettered access to private property, with appropriate cause, places a greater harm to the public responsibility the agency has.

The usual example given to illustrate this is:

If all it would take to keep a WCO off your property was to post it, poachers and others braking the law would be safe from prosecution.