Savago
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« on: March 23, 2020, 08:39:50 AM » |
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It happened in Massachusetts: https://advrider.com/off-road-riders-fined-while-riding-on-their-own-property/The boys were riding in the property of one of their parents, with the parents authorization and got fined in $750 each for 'operation of a recreational vehicle without safety certification'. It seems like overreach to me: how come you can't ride in your own property?  Is the Environmental Police free to trespass through private property without a warrant?
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« Last Edit: March 23, 2020, 08:44:36 AM by Savago »
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Rams
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Posts: 16277
So many colors to choose from yet so few stand out
Covington, TN
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« Reply #1 on: March 23, 2020, 08:49:51 AM » |
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A spokesperson for the Massachusetts Environmental Police, Craig Gilvarg, told 22News that safety education requirements for young riders have been in place since 2010. Additionally, the state of Massachusetts requires all recreational vehicles operated on public and private lands to be registered through the Massachusetts Environmental Police. I don't have to like or agree with Massachusetts but, it appears to be the law there. That and revenue generation are also suspect. I have received speeding tickets in the past where I was the only vehicle in sight in either direction, didn't appreciate it but, I have to admit, I was speeding at the time. I try to not do that now. Rams
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VRCC# 29981 Learning the majority of life's lessons the hard way.
Every trip is an adventure, enjoy it while it lasts.
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98valk
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« Reply #2 on: March 23, 2020, 09:51:31 AM » |
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so did those gestapo agents have warrant to go onto private property?
just another govt dept made up for some special buddies. in 2016 they were under investigation for salary fraud. I think these gestapo should be working on the illegal drug dealers and gangs. maybe illegal immigrant invaders, etc.
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1998 Std/Tourer, 2007 DR200SE, 1981 CB900C 10speed 1973 Duster 340 4-speed rare A/C, 2001 F250 4x4 7.3L, 6sp
"Our Constitution was made only for a Moral and Religious people. It is wholly inadequate to the goverment of any other." John Adams 10/11/1798
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Ken aka Oil Burner
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« Reply #3 on: March 23, 2020, 10:53:39 AM » |
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Just another day here in MA. 
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Jess from VA
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« Reply #4 on: March 23, 2020, 10:54:45 AM » |
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Nothing but revenue generation, to include funding environmental police themselves.
Nothing to do with safety whatsoever. Those purely off-road vehicles don't require insurance or plates so the state has to get it's tax bite somehow. This way, they get the $750 fine and the required registration fees.
I would contest a warrant-less invasion of private property (unless this is well covered under state law, beyond constitutional attack).
I see these TV shows all the time (mostly out of New England states) glorifying revenue generation for pure regulatory violations. One of the few cop shows where I pull for the violators and not the cops (most of the time).
Once in a while there is actual serious trespass with property damage or shooting too close to houses, but mostly it's just pure regulatory revenue generation.
Do you have a fishing license? Yes.
Well then lets check what species of fish you have here. Do you know what this is? A fish?
No, it's the endangered female pink stripe trout, and you're not allowed to take them at this time of year. You can only take them on odd Thursdays in Dec through Mar. Look, I'm just a factory worker not a marine biologist.
OK now lets check how much they weigh... and how long they are.
You don't have a scale and a ruler? Shame on you!
Why would anyone go fishing at all with that kind of perpetual harassment?
Shades of old English laws hanging the starving peasants for taking the kings deer (they were ALL the king's deer).
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« Last Edit: March 23, 2020, 11:20:19 AM by Jess from VA »
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Hook#3287
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« Reply #5 on: March 24, 2020, 09:07:25 AM » |
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The back story, that's what we're not getting.
I'll bet a neighbor complained. If so, who knows if the complainants prior requests were well received.
With the expansion chambers on those bikes, looks like 2-stroke moto-Xs to me. They can be very annoying if your next door neighbour is running them for hours. Not like today's 4 strokes or enduro bikes.
Hampden, MA is a bedroom community of Springfield, MA and has a good amount of rural neighborhoods mixed in with ex-farmland and tobacco fields.
The Mass Environmental Police (years ago they were the Park Rangers) are now a division of the Mass State Police and, I believe, have the same arrest abilities as the Mass State Police. They get similar training and carry weapons.
I'm thinking something happened for the Troopers to issue 3k in tickets.
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cookiedough
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« Reply #7 on: March 24, 2020, 08:04:20 PM » |
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Reminds me of all the deviant stunts we used to do on the two stroke Yamaha's, run the roads and dart into a field when chased.  did you ever get caught by the sheriff? One would think NO ONE can enter private property if truly on their own land without a search warrant first?
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Willow
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Excessive comfort breeds weakness. PttP
Olathe, KS
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« Reply #8 on: March 25, 2020, 07:43:05 AM » |
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... One would think NO ONE can enter private property if truly on their own land without a search warrant first?
One would think incorrectly. 
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Gavin_Sons
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Posts: 7109
VRCC# 32796
columbus indiana
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« Reply #9 on: March 25, 2020, 01:49:02 PM » |
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Reminds me of all the deviant stunts we used to do on the two stroke Yamaha's, run the roads and dart into a field when chased.  did you ever get caught by the sheriff? One would think NO ONE can enter private property if truly on their own land without a search warrant first? Conservation officers do not need a search warrant to come onto your property. But they do need one to enter any buildings
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Patrick
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Largo Florida
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« Reply #10 on: March 25, 2020, 02:03:32 PM » |
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In NYS they can even come and look in your frig/freezer.
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cookiedough
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« Reply #11 on: March 26, 2020, 05:44:36 PM » |
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In NYS they can even come and look in your frig/freezer.
thus the reason never living in NYS or MA. In WI one can operate an ATV on their own land without being registered in the state of WI as long as stay on their own land and not crossing roads to go from say farm to farm. There are 2 registrations farm use and recreational use but if strictly on their own land never riding on the road, no need to register the ATVs at least in WI. In WI though my kids had to take a B.S. ATV safety course to drive on their own later in life but both my kids were riding a 90cc ATV at age 7 or so with me riding in front or behind them on the ATV trails just fine, never alone as to me is common sense. Depends on the kid though but both my kids age 7 could drive 35 mph top speed on them keeping up with most on the ATV trails just fine since most of the trails have a 35 mph speed limit, but them flooring it all the time only 90cc, but unfortunately most parents do not show the kids the ropes when it comes to such things as ATVs or guns, etc. I think a hunters safety course also being required in WI is much better and should be required but ATV course for kids not so much.
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vanagon40
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« Reply #12 on: March 26, 2020, 06:47:58 PM » |
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Conservation officers do not need a search warrant to come onto your property. . . .
In NYS they can even come and look in your frig/freezer.
I would challenge both statements as incorrect.
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Challenger
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« Reply #13 on: March 27, 2020, 04:30:35 PM » |
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I was told by a game warden,in IL. a conservation officer can legally enter your home and check your freezer without a warrant. All harvested game must be removed before the beginning of the next season. They can also search a vehicle without a warrant. They seem to have more power than a police officer.
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