It's the Law

Two "letters to the editor" posed some difficult and sensitive questions about a conservation police officer's right to search and baiting. We asked Conservation Police Chief Tom Wakolbinger, a 24-year veteran of the police force, to answer those questions.

DNR's law enforcement chief explains the law concerning accessing private land and common scents

Question: I have been told that conservation police can enter and search homes and buildings at any time without a search warrant or without a person's consent. Isn't this a direct violation of the 4th Amendment? Also, I've heard they can enter private land without permission to harass hunters or ruin their hunt just to check their licenses and permits. Is this true?

Wakolbinger: Conservation Police do have some expanded authority to search but this does not include the right to enter and search your home without a warrant. The courts have recognized the unique aspects of enforcing regulations that deal with fishing and hunting. Because most of the State of Illinois is in private ownership, Conservation Police Officers are afforded the authority to enter all lands and waters in this state in order to check for compliance with conservation regulations. Without that authority, there would be no way to effectively protect Illinois' fish and wildlife.

Further, if a Conservation Police Officer has some objective reason to believe that a shed, barn or building other than a dwelling

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contains anything subject to regulation under the Wildlife or Aquatic Life Codes, he or she has the authority to enter. They can't, however, simply wander around private property looking into or entering buildings at will just in case something might be in there. Generally speaking, if a Conservation Police Officer wishes to enter or search any dwelling without the consent of the occupant, a waifaiat must first be obtained.

Conservation Police Officers are allowed by statute to enter onto private property to enforce the game and fish codes. Officers conduct compliance checks. They are not there to "harass" or "ruin" a hunt, but to ensure that the Conservation codes are not being violated. Officers try to make these checks as unobtrusive as possible by conducting them quickly, efficiently and courteously to get the job done and the hunter or fisherman back on his way. It his been our experience that the vast majority of sportsmen are pleased to meet a CPO in a field enforcement situation because they know that we're out there trying to protect the resource for their use and enjoyment.

Question: Rumor has it that it is illegal to use scents during firearm deer season, but yet 1 can't find any mention in the book. I'm familiar with baiting and the 10-day wait, but what, if any, are the laws dealing with scents?

Wakolbinger: Scent attractants are legal to use for hunting. The rule of thumb to use when considering the legality of products marketed to attract deer or other animals is: If it attracts the animal because they want to eat, lick or taste it, the product is bait and is illegal. If it attracts the deer by scent and they approach it because they want to smell it, the product is legal. Products such as deer suckers and powders that are sprinkled on the ground are generally illegal. Many have as a main ingredient, MSG (monosodiumglutamate) which is used as a flavor enhancer in cooking. Deer lick the ground because they like the taste of these products just like they lick salt. They are illegal and are considered to be bait.

(Next month Chief Wakolbinger answers questions relating to the legal means of transporting firearms.)

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