First LEO Contact.....

[just_me_mongo]

So yesterday I was out and about.  I have been hunting the same area for about two years now.  It was windy & cold so I just went out to do some deer watching.  I went down to my usual area and turned around.  I noticed a Sheriff parked on the roadside.

After pulling into a field that I normally pull into, I noticed that a Sheriff pulled into the field right behind me.  He put his lights on and I rolled my window down.  I told him that I had a C.H.P. and that I was carrying a gun.  He only asked "what kind of gun are you carrying?"  I told him I had my glock.  He seemed reasonable at first.

Ater returning (from running my license), he started heckling me about where I was.  He kept asking questions in regards to my location and if I knew where I was.  He also told me that my story wasn't making sense.  I am not sure why he completely changed.  He did once ask where my gun was as well.

He never did ask for my insurance or registration & he did not want to see my CHP.

It wasn't a pleasant experience by any means.  I just don't understand one thing...  If all NE CHP holders go through a FEDERAL background check, then shouldn't that say something about our character?  I guess not.  I know that it could have been worse.

The Sheriff told me that someone reported me for going into their driveway.  The best part was, I never went into anyone's driveway.  The overall contact gets two thumbs down.

[bullit]

Were you contacted by a Deputy or the Sheriff himself?  If a Deputy, I would STRONGLY encourage you to contact the Sheriff (as he IS an elected official) and make him aware of the experience if indeed you felt the Deputy was being disingenuous and on a "fishing expedition".  Furthermore, unless he has reason to detain you after what sounds like you "returning" from your scouting trip AFTER your initial contact you should have politely excused yourself, shut down the conversation and been on your way.

[just_me_mongo]

I am curious if under state law..if & when a Sheriff or deputy has a right to go onto private property?  I have permission to hunt that land...he pulled onto private property.  I don't believe it was the Sheriff himself.  It was one of the deputies.

[bullit]

Yes....but they must be doing so in "performance of their duties" i.e. he couldn't be out there deer hunting or picking flowers on someone's private property just because he/she is in uniform.
I do know of prior case law in TX where LEOs have issued traffic violations such as speeding or running STOP signs and the cases have been dismissed as the LEO was on private property while making the observation/radar.  The violators in those cases knew the land owners and they complained to the city/county about the LEO "trespassing".  That is many years ago and laws have likely been updated to deal with such like a LEO radaring from a shopping center parking lot.

[DaveB]

He was fishing, since he was late to respond to a complaint he had to justify his being there for paperwork. I would file a complaint with the county and explain exactly what happened. It is just another case of a cop not being concerned with actually doing his job, but protecting his job. He will then go back to the source of the complaint and inform them that he talked to some people but did not find the offender. And since there was no actual visual evidence, all he could tell them was that nobody admitted to it.

This is getting to be typical behavior for cops now, most of them are sitting at home with the cars in front of their house eating cheetos, watching tv, and waiting for a call to go check something out. At least that's the way it is in Hastings.

[wallace11bravo]

Sounds more like he was practicing interdiction methods, he may have pegged you as a driving hunter. Also, when they run your license, they will run your plates and vehicle description. There may have been a discrepancy in the DMV file, there may have been open warrants for similar descriptions of person or vehicle. Or he may just be a dick with nothing better to do than chase down an erroneous and harmless trespassing report. And yes, I would report him to the sheriff.

The proper response when facing a plethora of questions is to ask "Am I under arrest, are you going to cite me, or am I free to go?" If he states something along the lines of "I just have a few more questions for you.." then ask him if he has reasonable suspicion that you are involved in criminal activity; necessary for conducting a terry stop. Even in a terry stop, you have the right to shut up, and if he does not have probable cause for arrest (an refusing to cooperate is not probable cause) then he has to let you go. If he continues to pester you, make sure to get his badge number, name, and department; he is required by law to disclose that information. I am not guaranteeing it will go down like that, but if the officer has any sense of self preservation, he knows that if he continues to hound you, he is venturing into lawsuit territory.

http://en.wikipedia.org/wiki/Terry_stop

BTW, most deputies have only the training afforded to them at the academy. You say the words reasonable suspicion or terry stop and he will likely back off immediately, thinking you are an attorney or something similar.