I don’t know the answer to my blog title.  But, I found myself having several questions about the idea of a game warden waltzing around on my property, putting up game cams, and retrieving data, all without my knowledge.  I recently read an article by Kristen Schmitt, titled, “Can Game Wardens Hang Trail Cameras on Your Private Property?” on the Outdoor Life site…  You should go read it.  I believe she did a great job of outlining concerns I hadn’t yet pondered.  Some Pennsylvania hunt clubs sued the Pennsylvania Game Commission (their version of Iowa DNR) over this practice while ignoring “No Trespass” signs.

I also found it interesting that the premise for this routine trespass, essentially ignoring the 4th Amendment, onto private property stems from the “Open Field Doctrine” that permits law enforcement to monitor private property in this realm.  Specifically, from Hester v United States, “warrantless search of the area outside a property owner’s curtilage” does not violate the Fourth Amendment to the United States Constitution. IE, ‘curtilage’ being an outdoor/outside area.  Some are taking this to read, that they can tromp around your place as long as they don’t go inside your house.  Granted, what I’ve offered is a simplistic view of the scenario, but…  I, personally, have fundamental problems with the idea the Open Field Doctrine is now used to trespass on land I paid for, and for which I’m responsible.

Apparently, there are only 6 states in the nation that do not honor the “Open Field Doctrine” and keep the state and federal officers off private land.  You guessed it.  Iowa isn’t among the states that embrace privacy.

This begs two questions.  1, What practices have we experienced in Iowa with this, if any?  2, Should a bill be drawn up that disavows the practices in the “Open Field Doctrine” here in Iowa?

This case in Pennsylvania should be watched closely, just as Kristen’s ARTICLE says.  And regardless of the outcome, we should ponder the two questions above.  After all, how hard is it to ask for permission to put up a trail cam?  And why does the government believe they need access to property that is mine without my knowledge or permission?  There is a word for that in other circles, and it isn’t synonymous with virtue…

What we need from you is to engage with all of our social media as frequently as possible, spread the word about the Freedom Amendment, and be sure your friends and family know it is on the BACK of the ballot. Contact your legislators and advocate in support of it. As always you can join IFC by clicking HERE.

In Liberty,

Michael Ware – IFC Board