So if an Anchorage police officer or municipal Code Enforcement Officer yanks up a trap that is legally set under STATE law................ wonder if the trapper can have that person cited under the Hunter/Trapper Harassment statute (AS 16.05.790?)
Let's be POSITIVE here boys and girls, this actually could become an amusing exercise!
Pete
I would say no. AS 16.05180 Power To Search Without A Warrant.
Law enforcement has been given great ladditue to investigate (many court cases). All they need is "probable cause". if a trap is concealed, a "peace office of the state" can yank it up to see if it is a lawful trap. The same thing happens when peace officers check bear bait sites, they can not be charged with "harassment". They have probable cause to check the site for regulatory compliance. Also 5 AAC 92.012 (b) No person may refuse to present for inspection any license, tag, or any game, or any apparatus designed to be capable of being used to take game.
This is the regulation law enforcement usually hangs their hat on. Their interpenetration of this regulation dose not mean that a person has to be physically there, as the regulation may state. Because "you may not refuse". The issue is you do not need to be there, because you could not refuse, if you there or not. they can inspect.
I tried to amend this regulation a few years ago. it did not go over well with AWT.
A "peace officer" is: As 16.05.150 Enforcement authority. (1) an employee of the department authorized by the commissioner. (2) a police officer in the state. (3) any other person authorized by the commissioner.
With that, the fact is AWT will not enforce city or borough ordinances. generally, city police only have jurisdiction with in city limits. they do not enforce borough or municipality ordinances. A few boroughs have policing authorities ( North Slope Borough police). I know Fairbanks North Star Borough dose not have policing authority.Not aware that the municipality of Anchorage dose.