DNR Officer access

[spr1975wshs]

I have no clue where the thread is here, but I recall we got into a discussion of just what access DNR Enforcement Officers have to enter private land in the pursuit of an investigation.

I made mention of the relatively open access they have in Illinois, from my experience working with them during Hunter's Safety classes when I was an instructor.

The discussion was on or about the 9th of January.

I finally got back an answer from the Illinois DNR with the law I was trying to remember.

"(20 ILCS 805/805-530) (was 20 ILCS 805/63a9)"

"Sec. 805-530. Agents' entry on lands and waters. The officers, employees, and agents of the Department, for the purposes of investigation and to exercise the rights, powers, and duties vested and that may be vested in it, may enter and cross all lands and waters in this State, doing no damage to private property."

The sticking point, I think, was entry to buildings. The DNR LEO with whom we worked had the interpretation of, if an outbuilding had an open door, he could enter.

 

[black dog]

I have no clue where the thread is here, but I recall we got into a discussion of just what access DNR Enforcement Officers have to enter private land in the pursuit of an investigation.

I made mention of the relatively open access they have in Illinois, from my experience working with them during Hunter's Safety classes when I was an instructor.

The discussion was on or about the 9th of January.

I finally got back an answer from the Illinois DNR with the law I was trying to remember.

"(20 ILCS 805/805-530) (was 20 ILCS 805/63a9)"

"Sec. 805-530. Agents' entry on lands and waters. The officers, employees, and agents of the Department, for the purposes of investigation and to exercise the rights, powers, and duties vested and that may be vested in it, may enter and cross all lands and waters in this State, doing no damage to private property."

The sticking point, I think, was entry to buildings. The DNR LEO with whom we worked had the interpretation of, if an outbuilding had an open door, he could enter.

And he could be shot dead.... Just entering a privately owns building.
He's not granted Super Duper Extra LE powers because he's a DNR Officer.
The DNR officer better have reasonable suspicion that a crime has been committed before in most cases tresspassing on private property... Let's not forget that Fourth Addmendment.

Edit.. I didn't see that you were talking about Illinois, I believe you are talking about the laws there that have to do with the Open Field Doctrine.. And maybe the The open fields doctrine does not transform private fields into public places that anyone is free to enter uninvited or without reason. Nor does it convert the act of trespassing into a lawful intrusion

I believe the Open Field Doctrine in alot of States only is applicable when at least one side of the private property buts up the State owned land or water.

 

[spr1975wshs]

And he could be shot dead.... Just entering a privately owns building.
He's not granted Super Duper Extra LE powers because he's a DNR Officer.
The DNR officer better have reasonable suspicion that a crime has been committed before in most cases tresspassing on private property... Let's not forget that Fourth Addmendment.

Edit.. I didn't see that you were talking about Illinois, I believe you are talking about the laws there that have to do with the Open Field Doctrine.. And maybe the The open fields doctrine does not transform private fields into public places that anyone is free to enter uninvited or without reason. Nor does it convert the act of trespassing into a lawful intrusion

I believe the Open Field Doctrine in alot of States only is applicable when at least one side of the private property buts up the State owned land or water.

Yes, I was speaking to my experience with Illinois DNR police.
From what I saw a couple times while out hunting,
it appears Illinois grants the DNR LEOs great latitude.

Hell, they can ticket you for hunting over a salt lick (illegal to use in Illinois, along with deer bait) of which you were unaware.

 

[Gilligan]

They've certainly never asked for permission to come on any of my properties. I didn't think they had to either.