Another interesting case involved evidence that a Montana game warden obtained from a taxidermist. The defendant was charged with hunting during a closed season (he was hunting with a gun in the bow season) and with unlawful possession of a game animal. The defendant gave an elk cape and antlers from a supposed bow kill to a taxidermist, but his butcher found a bullet in the elk's vertebrae and reported this to the game agency. The game warden went to the taxidermist and recovered lead fragments from a wound on the elk hide. The defendant argued that the evidence was obtained without a search warrant, protesting that there was an "expectation of privacy" because it was a private taxidermist. Hmmm. The court ruled for the state, noting that once the hide was in the hands of the taxidermist it could not be shielded from the public. The court further noted that, indeed, the purpose of taking animals to taxidermists is so they can be immortalized so others can view them. And the game warden did just that.
The Bait Debate Continues
Years ago you only heard of baiting deer in Texas. Times have changed, and the emergence of diseases has provided a catalyst to end the growth of baiting deer. However, such change to a hunter population that has "learned" to hunt over bait does not come easy. In Wisconsin, for example, sharpshooters are being hired by the DNR to shoot deer over bait in CWD zones -- causing some hunters who can't use bait to vent their anger. The Wisconsin DNR is in a no-win situation. We know that bait stations are sites where CWD can spread. We also know that lowering deer numbers in CWD areas slows the spread of that disease. In some areas hunters just can't take enough deer to do the job. Thus, going to sharpshooters over bait in some localities is probably necessary, but hunters who are used to hunting over bait (but are no longer permitted to do so) won't like this option any more than they appreciated the bait ban.
In West Virginia, baiting deer has been quietly growing, especially in the past 10 years. With that growth have come the various problems associated with baiting. Those baiting on large properties adjacent to small pieces of property draw deer away from the small property, thus forcing some to bait who otherwise would not. Then you have the ATV trails that develop when bait is hauled into the woods. In addition, baiting for bears is not legal in West Virginia, yet the bow bear season overlaps the deer season, making enforcement of the bear bait law difficult. In an effort to take steps to solve the growing baiting problems, the West Virginia DNR has proposed to end all baiting during the months of October and November, beginning in 2006. An upcoming hearing will take the pulse of hunters' feelings on this growing issue.
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