They got a lot of bad press some years back and really worked to improve their image with the public. I haven't dealt with very many but the ones I have have been great. I was a little surprised at their lack of knowledge with some of our regs.

You violated 2 laws and I would bet that if you read the rest of the regulations there is an exception for a warden to examine or pull traps as evidence of a violation. If you feel you have a case go to court but betting that you are found guilty. As far as talking to the warden he just got more information from you to seal his case in court. My advise would be pay the fine, not go to court and apologize to the warden and do a better job.

Can't remember where I heard or read it but one guy commented that sportsmen are criminals yet to be caught. Paraphrasing there. Based on the number of stolen scouting cameras, tree stands, blinds, etc. and the willful trespassing that goes on across the country, I'd have to question your statement. Those problems are chronic, widespread and committed by fellow outdoorsmen.

ZERO! ALL my traps are tagged! My good traps (Montana's and MBs are engraved with my back tag #) Any other questions?

You earned those tickets , now if you had tagged your traps and used a different style for the other trap what he is doing is harassment.

Any way now its time for lots daily walks in the woods thru nasty thickets to mock sets with lots of gutso smeared on branches he must walk thru and touch. Have some fun but no traps lol.

We had a warden out here that would check our lines more then we would, no violations found but after 3 weeks a phone call was all it took to stop it. Changed his attitude when his boss got after him.

In some states, a CO can search your vehicle without a search warrant. They can look in your boat, cooler, etc. too.

In my area, we've only had one CO that was a real butthead. He gave a farmer permission to have me trap some beaver that had flooded the farmer's hay field. The CO called me and said I had permission to trap the out of season nuisance beaver. I told the CO I could start the following day. He said I'd have to wait that he'd be out of town for a couple days and he wouldn't be able to check things out. He said he didn't trust trappers.

Shows how stupid he was. This was the middle of summer. Fur is pretty much worthless at that time of the year. Why would any trapper try to catch any other furbearer when they would be way out of prime? When I mentioned the CO to a couple other sportsmen they said the guy's a real jerk.

ZERO! ALL my traps are tagged! ( my Montana's and MBs are also engraved on the frame.) Any other questions?

you didn't make that clear in your fist post that they were engraved.

I.dont know if his are/were. He called me out on untagged traps. I said all of mine ARE and my good ones are also engraved.

Jim, I wasn't saying your traps...I was using the boxed-out verbiage you have here in the post...I'm asking JOE how many were untagged and how many tickets as he could have been pinched for each one...

Ah, sorry!!! I miss read.

I read the entire writeup. And offer my opinions from the GW side....

The OP violated two wildlife laws...by his own admission...and is now angry because a game warden did his job and discovered the violations. How do you think a game warden can see if your traps are marked/tagged without disturbing the set? He is allowed by law to do this and to seize traps set in violation. Dont have to return them either as illegally set traps are contraband, not just evidence. But, the OP said the NY GW did return them,and the OP is still unhappy.

The OP also ALLOWED the GW to conduct a consent search at his home and then got irritated because the GW didnt apologize for not finding any more violations. Seriously? THE OP made the choice to allow the warrantless search. The GW did his job by asking for consent. If refused that would have ended that.

The OP also states over and over that his trapping area is the most rural area in half the country then is puzzled why the GW found him and looked at him closer. The OP's sign was the ONLY sign there. It's easy to follow the only sign found. The GW kept looking closer because he found violations the first time he checked the OP. Would any of you do any different if you were a GW? Im gonna check you out if I'm not sure you are legal. Its the job!

All of us, as sportsmen and women, have an obligation to comply with wildlife laws and regs. The courts have ruled time and again that it is in the best interest of wildlife conservation to accept field compliance checks that are slightly more intrusive than what would be allowed at say a traffic stop for traffic violations. Research it if you think Im wrong. Take a look at the open fields doctrine too.

The OP is recreating on public land, but his story reads like he is inside his home. GW dont need probable cause to inspect/enforce wildlife laws in the outdoors, especially on public land. Even on private land reasonable suspicion will start the legal ball rolling. The GWs dont make any laws or set any regs. We do try to use common sense when we can but I see no harrassment here. Just a guy that caught standing a bit short and is irritated that he got caught.

Best response yet! Well said!

Joe,

I am so sorry this happened to you with this over zealous, anti trapping ENCON Officer.

I consider you to be a man of meticulous integrity in every thing you do,
and know you follow the game laws to the letter.

This sorry excuse for a public servant found two of the most minuscule
reasons possible to cite you with a violation the trapping regulations.

It appears that the ENCON officer has had an Illegal "Ex Parte" communication
with the Town Judge in violation of your constitutional rights when he had
a conversation with the judge about what your fine should be.

It may be grounds for an appeal, and the overturning of your conviction
on legal technicalities If you hire a competent attorney.

On the other hand, two ENCON violations within a 5 year period are grounds
for the revocation of your trapping license for up to 5 years if the arresting
ECON officer recommends it.

If this jerk reads this thread, he is likely to launch a vendetta against you.

Wouldn't want to be in your moccasins right now.

Call me if you want to talk about this, or send me a PM.

walleyed

Walleyed, we all have to follow the law in this messed up State we live in. If his traps were not tagged, he WAS in violation of the law! If engraved he'd be safe. Were they either? I agree with the over zealous part but he did not do himself any favors! My uncle outside Canandaigua had an unpleasant run in with a DEC officer years ago BUT was within the law and won his case easily. The body gripper was a stretch for sure! The judge letting the officer set the charge/fine was also very suspect!

I dont know Joe.

But, Joe missed a letter or two of "that law" he was supposed to be following.

I also didnt realize that in NY officers are supposed to pick and choose which violations are miniscule. Here in Ga, if I find one trap that doesnt have proper tag/stamping I usually get the trapper to show me on the trap where its at..in case I overlooked it...and then show me others..in the truck or in the woods that are tagged/marked..as I realize critters will chew them off sometimes and overlooked by the trapper. If I find two back to back unmarked/tagged traps...well.

Also, in Ga local courts without a DA or a solicitor, the charging officer is the prosecutor and is asked to make decisions on dropping charges, fines, and other aspects of a case.

In rural NY the ECO does often act as the DA for these cases, so it would NOT be unusual for the ECO to suggest the fine...As I suggested above, I feel Joe got off pretty easy if he had more than one or two traps in the field untagged and only got pinched for one...He could have wound up with multiples on the untagged at $100 a peice and loss of privilege...

Swamp, I liked both your posts and agree with you. Fortunately here I'm told by several wardens that they can't touch a trap to see if there is a violation but can after they spot a violation. Our exposed sets make it easy to see tags most of the time but there our times where they can't see a tag due to brush or how blocking was placed. 90% of the wardens I have ever dealt with over the years have been fair and reasonable people , sounds like you are from the same mold and one of the good ones.

I would add that perhaps the officer could have used better diplomacy or been more tactful if the conversation went exactly as described by the OP but officers should never apologize for doing what their function entails as long as they're acting in good faith.

I'm told its 100 apiece here too. The most basic law in every state.

Too bad one has to think about not tagging because of anti's, but that's not an excuse. Had he been legal, then he'd have a really good argument for his traps being tampered with, and that's something I'd push if it ever happened to me for no reason.