Is this true? Wardens can check your cell phones?
I am sure it is true and i think i seen something related in the regulations book.
deleting texts now>>>>

Originally Posted By midwestoffroad:
I am sure it is true and i think i seen something related in the regulations book.
deleting texts now>>>>

I would think they needed a warrant for that...

First: What cell phone?
Second: Oh, that one, go get a warrant.
if he has PC , then yes, he can look at it.
also, in a situation where I would see the cell phone containing evidence of a crime or violation of the hunting regs,
it would be an exception to the warrant requirement (Exigent Circumstances) because if he let you go you can delete the info before he can get a warrant.
the other option would be to confiscate your cell phone, hunting license and hunting arms (and arrest you if the suspected violation warrants it) until he can get a warrant.
if your stopped on a Friday night, that's about 3 days.
Just say, "No".
Originally Posted By J75player:
if he has PC , then yes, he can look at it.
also, in a situation where I would see the cell phone containing evidence of a crime or violation of the hunting regs,
it would be an exception to the warrant requirement (Exigent Circumstances) because if he let you go you can delete the info before he can get a warrant.
the other option would be to confiscate your cell phone, hunting license and hunting arms (and arrest you if the suspected violation warrants it) until he can get a warrant.
if your stopped on a Friday night, that's about 3 days.
I don't know for sure, but I'm guessing cell phone companies keep a log of your texts sent and when. Seems like anything electronic never goes away. It makes more work for the officer to do it that way, but as far as I'm concerned, too bad. He can go thru all that work just to find out that I sent my dad a text to tell him I filled our last tag and not to shoot another one, or that I need his help finding the one I shot because I'm color blind and can't see blood, because that's all we use radios or cell phones for.
Ok, so there is no law on the books that says this?
I was wondering if it was legal for them to unlawfully search your phone because they saw you sitting in the woods texting.

This is why I password protect all my cell phones. You can turn it on, but you need my password to access it.
I know there are some ways around it - but a field DNR officer isn't going to know how...

Page 23 in the 2011 handbook:
Radios and Other Wireless Devices
• Using walkie talkies, cell phones, remote control or other radio equip-
ment to take big game or small game is unlawful.
• A DNR permit is required to take unprotected animals with the aid of
radio equipment, see page 20.
• Dog training collars are allowed without a permit.
http://www.dnr.state.mn.us/regulations/hunting/index.html
Sounds like they are pushing the boundaries. Since game wardens can sieze assets involved, I'm not going to push the limits. Anyone with deeper pockets care to take this one on?
Before anyone gets too wound up about this, a point to consider. All I saw in the article was a reference to COs asking to see cell phones. I see nothing wrong with asking, as long as they are willing to take no for an answer. I ask people rather frequently for consent to search their cars for example. Every now and again, somebody exercises their rights and declines. If I have no legally defensible grounds for a warrantless search, and no PC to outline for a search warrant, I have to accept that....and I do. As long as they play by those rules, they can ask all they want.
Just pointing out that I didn't read that COs were out there demanding cell phones over anybody's objections. You'd be surprised how many people will just hand them over without question. That isn't them (or us, I suppose) being JBT-ish, that's them being ignorant-of-their-rights-ish.
wireless devices?
Set up an army field telephone :)
Originally Posted By Jakezor:
Page 23 in the 2011 handbook:
Radios and Other Wireless Devices
• Using walkie talkies, cell phones, remote control or other radio equip-
ment to take big game or small game is unlawful.
• A DNR permit is required to take unprotected animals with the aid of
radio equipment, see page 20.
• Dog training collars are allowed without a permit.
http://www.dnr.state.mn.us/regulations/hunting/index.html
Sounds like they are pushing the boundaries. Since game wardens can sieze assets involved, I'm not going to push the limits. Anyone with deeper pockets care to take this one on?
[smartass]
So, does that mean if I wire hard lines to all of my deer stands I'm good to go?
[/smartass]
Originally Posted By WI57:
Ok, so there is no law on the books that says this?
I was wondering if it was legal for them to unlawfully search your phone because they saw you sitting in the woods texting.

it is never legal to conduct an unlawful search, and it is always legal to conduct a lawful search.[://
if a CO sees you doing something that could be illegal where and when you are doing it(like texting in your deer stand), that is PC to confirm the illegal activity.
in that case confiscating your cell phone and looking at the text to see if it violates the law.
as far as a "law on the books" about it. look up "exceptions to the warrant requirement."
if I SEE you texting in your deer stand, and I can articulate that I believe you are using that text to assist in taking game,
then it would fall under the plain view exception because I can see you doing what would be illegal activity.
it would also be exigent circumstances, because you (and the phone) are mobile and the evidence could easily be destroyed
before a warrant could be obtained.
Originally Posted By mnandy:
Originally Posted By Jakezor:
Page 23 in the 2011 handbook:
Radios and Other Wireless Devices
• Using walkie talkies, cell phones, remote control or other radio equip-
ment to take big game or small game is unlawful.
• A DNR permit is required to take unprotected animals with the aid of
radio equipment, see page 20.
• Dog training collars are allowed without a permit.
http://www.dnr.state.mn.us/regulations/hunting/index.html
Sounds like they are pushing the boundaries. Since game wardens can sieze assets involved, I'm not going to push the limits. Anyone with deeper pockets care to take this one on?
[smartass]
So, does that mean if I wire hard lines to all of my deer stands I'm good to go?

[/smartass]
I would love to see that done!
http://pinouts.ru/Slots/USB_pinout.shtml
do it now.
Originally Posted By Jakezor:
Originally Posted By mnandy:
Originally Posted By Jakezor:
Page 23 in the 2011 handbook:
Radios and Other Wireless Devices
• Using walkie talkies, cell phones, remote control or other radio equip-
ment to take big game or small game is unlawful.
• A DNR permit is required to take unprotected animals with the aid of
radio equipment, see page 20.
• Dog training collars are allowed without a permit.
http://www.dnr.state.mn.us/regulations/hunting/index.html
Sounds like they are pushing the boundaries. Since game wardens can sieze assets involved, I'm not going to push the limits. Anyone with deeper pockets care to take this one on?
[smartass]
So, does that mean if I wire hard lines to all of my deer stands I'm good to go?
[/smartass]
I would love to see that done!
Ok... Now I've got to ask; are the CO's out there in ghilly suits, sneeking up behind you?
'Cause I've just got to wonder how one doesn't see 'em coming... Then delete any incriminating evidence anyway.
I mean really, it's not that I've ever broke their dang law; heck I put my phone on silent, it's not going to do any good if someone is sending a text.
I won't know I've got it. But if a CO does come 'asking' to see my phone the only thing he's gonna find is a bunch of texts from girls asking 'what r u up 2' and a pissed off hunter.
Originally Posted By AFTERMATH_MN:
Ok... Now I've got to ask; are the CO's out there in ghilly suits, sneeking up behind you?
'Cause I've just got to wonder how one doesn't see 'em coming... Then delete any incriminating evidence anyway.
I mean really, it's not that I've ever broke their dang law; heck I put my phone on silent, it's not going to do any good if someone is sending a text.
I won't know I've got it. But if a CO does come 'asking' to see my phone the only thing he's gonna find is a bunch of texts from girls asking 'what r u up 2' and a pissed off hunter.
Ok, now let's not take this too far.

Originally Posted By J75player:
Originally Posted By WI57:
Ok, so there is no law on the books that says this?
I was wondering if it was legal for them to unlawfully search your phone because they saw you sitting in the woods texting.

it is never legal to conduct an unlawful search, and it is always legal to conduct a lawful search.[://
if a CO sees you doing something that could be illegal where and when you are doing it(like texting in your deer stand), that is PC to confirm the illegal activity.
in that case confiscating your cell phone and looking at the text to see if it violates the law.
as far as a "law on the books" about it. look up "exceptions to the warrant requirement."
if I SEE you texting in your deer stand, and I can articulate that I believe you are using that text to assist in taking game,
then it would fall under the plain view exception because I can see you doing what would be illegal activity.
it would also be exigent circumstances, because you (and the phone) are mobile and the evidence could easily be destroyed
before a warrant could be obtained.
Ok, so how about this scenario: CO observes me texting in my stand, but no game is present near my location. Does he still have PC to search my phone?
Originally Posted By mnandy:
Ok, so how about this scenario: CO observes me texting in my stand, but no game is present near my location. Does he still have PC to search my phone?
"taking" big game includes "attempting to take big game" . basically, if you are hunting, you are in the process of "taking" big game.
now, as I said, if the CO sees you texting, and can articulate that he believes the texting is assisting you to
take game, then he has his PC.
I don't think any CO's are going to be busting down deer stand doors to search your phone simply because he saw you texting.
but if the CO knows you are party hunting, sees you get a text, then you immediately jump up and swing your rifle in a direction that you
had not been looking...he then has PC based on your actions to believe someone in your party sent you a text telling you that that deer was coming.
texting is not against the regs, even texting about deer hunting it self is not against the regs. you can text the people in your party and tell them you got one,
or, that wasn't you shooting, or you haven't seen anything, or holy shit its cold! where it violates the regs is when you are co-ordinating a drive, or telling your BIL that you missed
one and its headed his way.